CITY  OF  LOS  ANGELES 
CITY  ATTORNEY'S  OFFICE 


COMPILED  ORDINANCES 


OF  THE 


City  of  St.  Paul,  Minnesota. 


Compiled  under  the  direction  of  James  C.  Michael, 
Corporation  Attorney,  by  Hiram  David  Frankel, 
•  of  the  Ramsey  County  Bar. 


Corrected  and  Revised  to  January   1,   1906. 


ST.  PAUL 

Review  Publishing  Co. 

1908 


V 

I- 


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Ordinance  No.  2531. 

(Approved  September  6,  1905.) 

An  Ordinance  to  provide  for  the  compilation  of  the  ordinances 
of  the  City  of  St.  Paul. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain 
as  follows : 

Sec.  1.  That  a  complete  compilation  of  all  ordinances 
and  resolutions  enacted  by  the  Common  Council  of  the  City 
of  St.  Paul,  Minnesota,  of  a  public  character,  down  to  the 
close  of  the  year  1905,  including  a  thorough  index  thereof,  in 
typewritten  manuscript,  suitable  for  publication  in  book  form, 
be  prepared  and  made,  under  the  supervision  and  to  the  sat- 
isfaction and  approval  of  the  Corporation  Attorney,  as  an 
official  compilation  thereof;  the  same  to  be  completed  and 
delivered  to  the  City  within  nine  months  from  the  approval 
of  this  ordinance. 

Sec.  2.  That  the  services  of  the  Corporation  Attorney 
in  the  premises  shall  be  performed  without  additional  com- 
pensation, but  he  is  hereby  authorized  to  employ  H.  D. 
Frankel,  from  month  to  month,  to  assist  in  the  work  of  said 
compilation  and  preparation  of  index  thereto,  at  a  total  ex- 
pense, including  all  necessary  stenography,  typewriting,  ma- 
terials and  supplies,  of  not  more  than  twelve  hundred  dollars 
($1,?00),  and  said  sum  of  twelve  hundred  dollars  is  hereby 
appropriated  and  set  apart  from  the  "General  Fund"  to  pay 
therefor.  Proportionate  payments  may  be  made  from  time 
to  time,  but  not  oftener  than  once  in  each  month,  upon  de- 
livery of  completed  manuscript  and  upon  certificate  of  the 
Corporation  Attorney. 

Sec.  '■'>.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage,  approval  and  publication. 


353519 


PART  1. 
GENERAL  ORDINANCES. 


BOARD  OF  ABATEMENT. 
Ordinance  No.  2362- 

(Approved  April  9,  1903.) 

1.  An   Ordinance  providing  for  the  salary  of  the  Board 

of  Abatement. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain 
as  follows : 

Sec.  1.  That  the  salary  of  each  member  of  the  Board  of 
Abatement  of  the  City  of  Saint  Paul,  created  and  existing  by 
virtue  of  Section  3  of  Chapter  212  of  the  Special  Laws  of  the 
State  of  Minnesota  for  the  year  1876,  being  Section  12,  of 
Chapter  XVII,  of  the  Charter  of  the  City  of  Saint  Paul,  be 
and  the  same  is  hereby  fixed  at  the  sum  of  three  dollars  per 
day  for  every  day's  actual  service  upon  said  Board  of  Abate- 
ment; said  sums  and  all  thereof  to  be  payable  out  of  the  Mis- 
cellaneous Account  of  the  General  Fund. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

ADVERTISING. 
Ordinance  No.  1887. 

(Approved  August  10,  1896.) 

2.  An    Ordinance    prohibiting   the    erection   of   structures 

for  advertising  purposes  within  150  feet  of  the  bound- 
ary of  Como  Park. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  No  person  shall  erect  or  construct,  or  cause  to 
be  erected  or  constructed,  any  board  or  structure  of  any  kind 
for  the  display  of  any  advertisement  or  advertising  device 
within  150  feet  of  the  boundary  of  Como  Park,  nor  shall  any 
person  exhibit  or  cause  to  be  exhibited  any  advertisement  or 
advertising  device  within  150  feet  of  the  boundary  of  Como 
Park. 

3.  Sec.    2.     Penalty   for   Violation. — Any   person   violating 
any  of  the  provisions  of  this  ordinance  shall  he  punished  by  a 


fine  of  not  less  than  five  nor  more  than  fifty  dollars,  Or  by' im- 
minent  in   the  St.    Paul  Workhouse  for  not  less  than  ten 

nor  more  than  sixty  days. 

3.     This  ordinance  shall  lake  effect  and  be  in  force 
i  and  after  its  passage. 

AREA  WALLS. 

.  also,  Danger  Signals  and  Building  Code.) 

4  Excavations — Written  permit — Width   of   Excavation — 

Wall  may  be  removed,  when — Fire  plugs  and  street 
corner — Arch  of  brick,  etc. — Excavation  not  to  be 
made  under  street — Penalty- 

NTo  owner,  tenant,  or  lessee  of  any  lot.  or  the  contractor 
<»r  builder  for  any  owner,  tenant,  or  lessee,  shall  make  or  cause 
made  any  excavation  for  the  purpose  of  building  an  area, 
cellar  foundation,  or  other  improvement,  into,  upon,  or  under 
an}'  public  highway,  street,  or  sidewalk,  or  into,  upon  or  under 
an}-  property  which  has  been  used  or  occupied  as  a  public 
highway,  street,  or  sidewalk,  without  first  obtaining  the  writ- 
ten permission  of  the  president  of  the  board  of  public  works 
therefor.  Such  written  permission  shall  be  in  duplicate  form, 
one  of  which  shall  be  delivered  to  the  party  applying  therefor, 
and  the  other  filed  with  the  clerk  of  the  board  of  public  w^orks, 
who  upon  its  receipt  shall  file  the  same,  and  its  date  of  filing, 
and  register  the  same  in  a  book  to  be  kept  for  that  purpose, 
and  no  such  permission  shall  take  effect  until  such  duplicate  is 
filed.  Xo  permission  shall  be  granted  to  outer  corner  of 
a  sidewalk.  Such  permission  shall  not  authorize  the  party  to 
place  any  wall,  the  outside,  or  street  side  of  which,  shall  be 
more  than  six  feet  distant  from  the  property  line.  Permis- 
sion to  erect  area  walls,  not  to  exceed  eight  feet  in  width  from 
the  property  line,  under  sidewalks,  may  be  given  by  the  board 
of  public  works  of  said  city,  whenever  the  sidewalk  is  of  suf- 
ficient width,  without  in  any  manner  interfering  with  the 
street,  to  permit  the  same.  (Ord.,  343,  Aug.  7,  1885,  §  1,  and 
Ord.  697,  July  27,  1886,  §  1.)  And  such  permission  shall  be 
granted  upon  the  express  condition  that  if  the  city  at  any  time 
desires  to  have  placed  any  fire  plug,  catch  basin,  or  other 
public  improvement,  within  any  part  of  such  area  or  where 


such  wall  stands,  such  wall,  or  such  part  of  it  as  may  be  within 
six  feet  of  the  point  where  such  fire  plug,  catch  basin,  or  other 
public  improvement  may  be  ordered  to  be  placed,  shall  be 
removed  by  the  property  owners,  or  by  the  city  at  the  expense 
of  such  property  owner,  and  so  much  of  such  area  may  be 
taken  as  may  be  necessary  to  protect  such  fire  plug,  catch  basin, 
or  public  improvement;  and  provided  further,  that  the  owner 
of  such  property  shall,  if  required  by  the  city,  arch  over  with 
brick,  stone,  or  iron,  such  area  in  such  a  manner  as  may  be 
directed.  Under  this  ordinance,  no  permissions  shall  be  grant- 
ed to  construct  any  vault  or  cellar  under  any  part  of  any 
street  not  immediately  under  a  sidewalk.  Any  person  offend- 
ing against  the  provisions  of  this  section,  shall  upon  convic- 
tion of  making  such  excavation,  or  building  such  wall,  be 
punished  by  a  fine  of  not  less  than  ten  or  more  than  one  hun- 
dred dollars,  and  the  sum  of  ten  dollars  for  each  day  such 
excavation  shall  remain  within  the  limits  herein  prohibited 

(Ord.   415,  June   17,    1881,   Article   XL,    Municipal    Code 
1884,  §  1.) 

5.  Bond. — Before  the  said  president  of  the  board  of  public 
works  shall  grant  such  permission,  he  shall  require  a  written 
bond  from  such  owner,  tenant,  lessee,  contractor,  or  builder, 
with  two  or  more  good  and  sufficient  sureties,  to  be  approved 
by  said  president  or  any  one  of  the  members  of  the  board  of 
public  works,  in  the  penal  sum  of  five  thousand  dollars 
($5,000),  for  all  excavations  for  the  purposes  mentioned  and 
specified  in  section  one  (1)  of  this  ordinance,  within  the  fire 
limits  of  said  city,  as  now  fixed  and  prescribed,  or  as  such 
limits  may  hereafter  be  fixed  and  prescribed,  and  for  all  such 
excavations  as  arc  made  outside  of  such  fire  limits  said  bond 
shall  be  in  the  penal  sum  of  two  thousand  dollars  ($2,000). 
The  conditions  of  all  such  bonds  shall  be,  that  the  principal 
therein  named  will  leave  said  street,  highway  and  sidewalk 
in  as  good  order  and  conditions  as  when  hi'  found  the  same, 
and  within  a  reasonable  time  after  the  said  excavation  shall 
be  made;  and  that  he  will,  at  all  times,  keep  the  said  excava 
tions  suitably  and  properly  guarded  by  <1;i\  and  night,  and 
will  save  said  city  harmless  from  any  and  all  suits,  damages, 
costs  and  charges  by  reason  of  said  excavation. 


10 

The  bonds  provided  for  by  this  section  shall  be  duly  exe- 
cuted and  acknowledged  as  now  required  for  bonds  in  civil 
actions,  and  shall  be  approved  as  to  the  form  thereof  by  the 
city  attorney,  and  filed  by  the  said  president  in  the  office  >f 
the  city  clerk. 

(Id.  §2.) 

6.  No  more  of  street  to  be  used  than  necessary — Duty  of 

city  engineer — Council  may  prevent  screening  of 
sand,  obstructions,  etc. 
In  all  cases  of  building  and  improvement,  it  shall  be  the 
duty  of  the  owner,  tenant,  or  lessee  of  the  property,  and  his 
or  their  contractors  and  builders,  to  use  no  more  of  the  public 
street  and  sidewalk  than  may  be  absolutely  necessary  for  the 
construction  of  such  improvement.  It  shall  be  the  duty  of  the 
city  engineer  to  prevent  the  accumulation  of  building  ma- 
terials in  the  public  streets  and  highways ;  he  may  designate 
how  much  of  the  public  street  may  be  encumbered  with 
building  materials,  and  may  order  and  direct  the  prompt  re- 
moval of  such  material  beyond  such  limits.  The  Common 
Council  may,  by  resolution,  prevent  the  screening  of  sand, 
or  piling  or  accumulation  of  stone,  brick,  lime,  or  other  ma- 
terials, or  the  mixing  of  mortar,  or  other  obstructions,  in  any 
of  the  streets  in  said  city,  if  in  their  judgment  the  necessities 
of  business  shall  demand  the  same,  and  they  may  also  direct 
the  removal  of  any  such  obstruction. 

(Id.  §  5.) 

7.  Excavations  and  exposures  to  be  guarded — Duty  of  city 

engineer  and  police. 
It  shall  be  the  duty  of  the  owner,  tenant,  lessee,  contractor, 
and  builder,  and  of  all  and  each  of  them,  during  the  construc- 
tion of  any  building  or  improvement,  upon  or  near  the  line  of 
any  public  street,  highway,  alley  or  sidewalks,  to  have  all 
excavations,  or  exposures  of  any  kind,  protected  and  guarded 
by  suitable  guards  by  day,  and  by  lights  at  night,  if  necessary; 
and  in  case  of  the  failure,  neglect,  or  refusal  of  said  parties,  or 
any  of  them,  to  erect  such  guards  and  keep  the  said  street, 
highway,  or  sidewalk  well  and  securely  guarded,  it  shall  and 
may  be  lawful  for  the  city  engineer,  or  any  police  officer  of 


11 

said  city,  forthwith  to  stop  all  work  upon  the  said  building 
and  improvement  until  the  said  guards  are  erected  and  kept 
in  manner  aforesaid. 

(Id.  §  6.) 
8.         Remedy  for  obstructing — Penalty  for  violation  of  pro- 
visions of  ordinance. 

In  case  of  the  failure  or  refusal  of  any  owner,  tenant,  or 
lessee,  or  of  any  builder  or  contractor,  to  keep  all  building 
materials  and  obstructions  within  the  limits  prescribed  by  the 
city  engineer,  or  in  any  case  of  the  neglect,  failure,  or  refusal 
of  the  owner,  lessee,  tenant,  or  agent  in  charge  of  the  lot  or 
property  upon  which  any  building  has  been  damaged  or  de- 
stroyed by  fire,  storm  or  freshet,  to  remove  all  obstructions 
or  building  materials  upon  the  street  or  sidewalk  adjacent  to 
such  property  within  five  days  after  such  damage,  it  shall  and 
may  be  lawful  for  the  city  engineer  to  seize  the  said  building 
materials,  and  sell  the  same  to  any  one  who  will  remove  the 
same,  or  at  public  auction  to  the  highest  bidder,  for  cash, 
upon  twenty-four  hours'  notice  in  the  official  newspaper  for 
said  city,  if  in  his  opinion  the  same  may  be  of  greater  value 
than  the  cost  of  removal. 

Any  owner,  tenant,  or  lessee  of  any  property,  or  any  con- 
tractor, sub-contractor,  or  builder,  who  shall  suffer  or  permit 
the  public  streets,  highways  or  sidewalks  of  said  city  to  be 
obstructed  or  encumbered  contrary  to  the  provisions  of  this 
ordinance,  or  in  any  manner  shall  neglect  or  refuse  to  per- 
form any  of  the  duties  required  thereby,  shall,  upon  convic- 
tion thereof,  be  punished  by  a  fine  not  exceeding  one  hundred 
dollars  ($100),  nor  less  than  five  dollars  ($5)  for  each  offense. 


L2 

ARMORY. 

Ordinance  No.  2277. 

i  Approved  April  is.  1902.) 

9  An  Ordinance  to  provide  for  the  erection  of  an  armory 

for  the  use  of  the  National  Guard  of  the  State  of  Min- 
nesota, and  to  authorize  and  direct  the  issuance  of 
bonds  to  meet  the  expense  thereof. 

Whereas,  Pursuant  to  the  power  and  authority  vested  in 
and  conferred  upon  it.  the  City  of  St.  Paul  has  heretofore  and 

some  years  past  leased  the  Armory  property  owned  by  the 
St.  Paul  Armory  Association  for  the  use  of  the  companies  of 
the  National  Guard  of  the  State  of  Minnesota  located  at  and 
quartered  in  said  city,  which  said  arrangement  as  to  the  leas- 
ing of  the  said  property  includes  within  it  a  contract  of  lease- 
hold heretofore  entered  into  by  and  between  the  City  of  St. 
Paul  and  the  said  Armor}'  Association,  which  said  contract  or 
lease  will  not  expire  by  its  terms  until  December  31,  1915, 
necessitating"  an  annual  expenditure,  under  its  terms,  by  the 
City  of  St.  Paul,  for  militia  purposes,  of  at  least  four  thousand 
dollars ;  and 

AYhereas,  The  said  St.  Paul  Armory  Association  has  in- 
dicated its  willingness  to,  and  has  tendered  a  warranty  deed 
to  lots  one,  two  and  three  of  block  five,  in  Rice  and  Irvine's 
Addition  to  St.  Paul.  Ramsey  County,  Minnesota,  the  prem- 
ises upon  which  its  present  Armory,  so  under  leasehold  by  the 
City  of  St.  Paul,  now  stands,  to  said  city,  on  the  condition 
that  the  City  of  St.  Paul  shall  discharge  the  existing  incum- 
brances thereon  and  shall  proceed  forthwith  to  the  erection 
and  maintenance  on  said  premises  in  lieu  of  the  old  Armory 
building  now  standing  of  a  new  and  substantial  Armory  build- 
ing for  the  use  of  the  National  Guard  as  aforesaid;  and 

Whereas,  it  appears  that  the  annual  expenditure  for 
militia  purposes  in  the  way  of  the  maintenance  of  the  said 
Armory  building  after  its  erection  and  completion,  will  be  re- 
duced from  four  thousand  dollars  to  two  thousand  five  hun- 
dred dollars,  and  that  no  other  or  additional  sums  will  be  re-, 
quired  thereafter,  at  least  before  the  31st  day  of  December, 
1915  ;  and 


13 

Whereas,  The  Common  Council  of  the  said  City  of  St 
Paul  deems  it  expedient  to  accept  the  tender  and  donation  of 
the  premises  aforesaid,  as  made  by  the  said  St.  Paid  Armory 
Association  unconditionally,  except  as  hereinafter  recited,  and 
to  erect  a  new  and  substantial  Armory  building  thereon;  now, 
therefore,  following  the  recommendations  of  the  board  created 
by  section  one,  chap.  54,  General  Laws  of  1891. 

10.  The  Common  Council  of  the  City  of  St.  Paul  do  ordain 

as  follows: 
Sec.  1.  Bond  issue. — That  the  proper  city  officers  be  and 
they  are  hereby  authorized  and  directed  to  issue  ninety-nine 
thousand  dollars  in  and  of  the  bonds  of  the  City  of  St.  Paul. 
executed  in  form  as  required  by  the  charter  of  the  City  of  St. 
Paul  and  under  the  direction  of  the  Sinking  Fund  Committee 
of  said  city,  in  denominations  of  one  thousand  dollars  each,  and 
each  bearing  the  date  of  May  1,  1902,  and  further  bearing  in- 
terest at  the  rate  of  three  and  one-half  per  cent  per  annum, 
payable  semi-annually  at  the  office  of  the  financial  agency  of 
the  City  of  St.  Paul,  in  New  York  City,  the  principal  of  each 
thereof  to  be  payable  at  the  said  office  of  said  financial  agency 
of  the  City  of  St.  Paul  in  the  City  of  New  York  on  the  30th 
day  of  April,  1922;  the  said  bonds  to  be  issued  for,  and  their 
proceeds,  including  any  premiums  realized  thereon,  to  be  em- 
ployed in  the  acquisition  of  the  site  for  an  Armory  for  the 
National  Guard  of  the  State  of  Minnesota  in  the  City  of  St. 
Paul  hereinbefore  referred  to,  and  the  erection  and  comple- 
tion, with  all  necessary  fittings  and  equipment,  of  a  suitable 
building  thereon,  all  as  provided  for  and  authorized  in  and  by 
the  terms  of  chapter  54  of  the  General  Laws  of  the  Stat 
Minnesota  for  the  year  1891,  and  for  section  110  of  chapter  118 
of  the  General  haws  of  the  State  of  Minnesota,  for  the  year 
1897,  as  amended  by  section  G  of  chapter  231  of  tin-  General 
Laws  of  the  State  of  Minnesota  for  the  year  1899,  and  as  the 
same  was  further  amended  by  chapter  '■>'■'<  of  the  General  Laws 
of  the  State  of  Minnesota  a1  the  extra  session  of  the  Legisla- 
ture in  the  year  190?. 

11.  See.  2.     That  said  bonds  when  so  issued  shall  he  nego- 
tiated and  sold  by  the  sinking  fund  committee  provided  for  in 


14 

the  charter  of  the  Cit}  of  St.  Paul,  and  the  proceeds  thereof, 
as  hereinbefore  referred  to,  shall  be  placed  to  the  credit  of  the 
"Armory  Account"  of  the  "General  Fund"  in  the  treasury  of 
the  said  City  oi  St.  Paul  by  said  committee  as  soon  as  realized, 
to  be  used  for  the  purposes  above  named  and  in  the  manner 
provided  by  law. 

12.  Sec.  3.  Use  of  Drill  Hall. — That  the  use  and  posses- 
sion of  said  Armory  and  drill  hall,  when  so  erected,  be  and 
the  same  is  hereby  granted  to  the  several  organizations  of 
the  National  Guard  of  the  State  of  Minnesota,  stationed 
in  the  City  of  St.  Paul,  under  the  control  and  management  of 
the  commanding  officer  or  military  board  designated  by  the 
laws,  rules  and  regulations  governing  the  National  Guard ; 
and  the  sum  of  two  thousand  five  hundred  dollars,  annually, 
is  hereby  appropriated  for  the  maintenance  and  other  neces- 
sary expenses  of  said  armory,  to  be  paid  to  said  armory 
board  in  quarterly  installments  of  six  hundred  and  twenty- 
five  dollars  each,  payable  on  the  first  days  of  January,  April, 
July  and  October  of  each  year,  for  and  during  the  term  com- 
mencing upon  the  completion  and  acceptance  of  said  armory, 
and  ending  December  31,  1915.  In  aid  of  the  maintenance, 
equipment  and  improvement  of  said  armory,  and  when  not  in- 
consistent with  the  proper  performance  of  military  duty  by  the 
troops  occupying  the  same,  the  management  of  said  armory 
may  grant  the  use  of  any  part  thereof  for  lawful  purposes  to 
such  persons,  corporations,  or  associations,  and  upon  such 
terms  and  regulations  as  tney  may  deem  proper,  and  apply 
the  proceeds  thereof  to  the  maintenance,  equipment  and  im- 
provement of  said  armory. 

13.  Sec.  4.  Old  Lease  Canceled. — The  agreement  or  lease 
dated  January  2,  1901,  made  by  and  between  the  St.  Paul 
Armory  Association  and  the  City  of  St.  Paul,  is  hereby  can- 
celed ;  and,  for  the  purpose  of  providing  and  fitting  out  tem- 
porary quarters  for  the  said  organizations  of  the  National 
Guard,  the  appropriation  hereto  before  made  pursuant  to  said 
lease  is  hereby  continued  in  force  to  be  paid  in  quarterly  in- 
stallments to  the  said  armory  board,  pending  the  erection  and 
until  the  completion  and  acceptance  of  said  new  armorv. 


15 

14.  Sec.  5.  Ordinance  Numbered  22  Tl  of  the  General 
Ordinances  of  the  City  of  St.  Paul,  entitled  "An  ordinance  to 
provide  for  the  erection  of  an  armory  for  the  use  of  the  Na- 
tional Guard  of  the  State  of  Minnesota  and  to  authorize  and 
direct  the  issuance  of  bonds  to  meet  the  expense  thereof," 
approved  April  5,  1902,  is  hereby  repealed. 

Sec.  6.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

AUCTIONEERS. 

(See,  also,  Licenses.) 

15.  License  to  be  obtained. — No  person  other  than  per- 
sons authorized  to  act  as  auctioneers  by  the  laws  of  the  State 
of  Minnesota,  shall  within  the  limits  of  the  City  of  St.  Paul 
act  as  auctioneer,  or.  engage  in  the  business  of  auctioneer,  un- 
less such  person  shall  first  obtain  a  license  so  to  do  as  herein- 
after, provided. 

(Ord.  1738,  March  8,  1894,  §  I.) 

16.  Applicant  to  apply  in  writing  -to  common  council. — 
Every  person  desiring  to  obtain  a  license  to  act  as  auc- 
tioneer or  to  engage  in  the  business  of  auctioneer  in  said  city 
shall  apply  in  writing  for  the  same  to  the  common  council  of 
said  city-  In  his  application  he  shall  designate  the  place  in 
which  he  proposes  to  conduct  his  business,  and  the  particular 
line  of  business,  if  any,  in  which  he  proposes  to  engage. 

(Id.   §  2.) 

17.  Applicant's  bond. — With  the  written  application  re- 
quired in  section  2  hereof  the  applicant  shall  transmit  to  the 
common  council  a  bond  duly  executed  to  the  City  of  St.  Paul 
by  the  applicant  as  principal,  and  by  at  least  two  Other 
persons  as  sureties  in  the  penal  sum  of  one  thousand  dollars 
($1,000),  conditioned  upon  the  due  observance  of  the  ordi- 
nances of  said  city  on  the  pari  of  said  applicant  as  auctioneer, 
and  upon  his  proper  accounting  to  parties  lawfulbj  inten 
therein  for  moneys  and  proceeds  derived  from  9ales  at  auction 
made  by  him. 

(Id.  §3.) 


Hi 

IS.  Council  to  direct  city  clerk  to  issue  license. — Upon 
receiving  from  any  person  the  application  and  bond 
hereinbefore  described  the  common  council,  if  it  shall  deem 
the  applicant  a  fit  person  to  act  as  auctioneer  and  to  engage 
in  business  as  such,  and  if  it  shall  deem  the  said  bond  by  him 
offered  to  be  good  and  sufficient,  shall  authorize  and  direct 
the  city  clerk  to  issue  to  said  applicant  a  license  to  act  as  auc- 
tioneer and  to  engage  in  business  as  such,  upon  the  payment 
of  the  tee  specified  in  the  section  next  following. 

(Id.  §4., 

19.  License  Fee — License  for  one  year — Council  may  re- 
voke.— Said  applicant  shall,  before  obtaining  the  license  ap- 
plied for,  pay  to  the  city  treasurer  for  the  City  of  St.  Paul  the 
sum  of  two  hundred  dollars  ($200)  as  a  fee  for  such  license. 
Upon  the  payment  by  said  applicant  of  said  fee  and  upon  the 
authority  of  the  common  council  conferred  as  hereinbefore 
provided,  the  city  clerk  shall  issue  to  said  applicant  a  license  to 
act  as  auctioneer  and  to  engage  in  business  as  such.  Such 
license  shall  entitle  the  licensee  to  the  privileges  by  it  granted 
for  the  term  of  one  year  from  its  date  ;  provided,  however,  that 
the  common  council  may  at  any  time  revoke  any  license 
granted  under  this  ordinance  for  malconduct  in  the  course  of 
trade  on  the  part  of  the  licensee. 

(Id.  §5.) 

20.  Place  of  business,  etc.,  council  may  change. — Every 
license  granted  under  this  ordinance  shall  state  the  place,  as 
specified  in  the  application  for  such  license,  at  which  the  li- 
censee is  to  conduct  his  business ;  and  no  person  other  than  the 
persons  authorized  by  the  laws  of  the  State  of  Minnesota 
shall  act  as  auctioneer  or  engage  in  business  as  such  at  any 
place  in  said  city  not  designated  in  his  license  unless  per- 
mission so  to  do  shall  first  be  obtained  in  writing  from  the 
mayor  of  said  city;  provided,  however,  that  the  common 
council  may  change  the  place  of  business  at  which  any  person 
licensed  under  this  ordinance  shall  act. 

(Id.  §6.) 

21.  Penalties. — Every  person  who  shall  violate  the  pro- 
visions  of  this  ordinance   shall,   upon   conviction   thereof,  be 


17 

subject  to  a  penalty  of  a  fine  of  not  less  than  ten  dollars  ($10) 
nor  more  than  seventy-five  dollars  ($75),  or  imprisonment  in 
the  workhouse  of  said  city  for  not  less  than  ten  (10)  nor  more 
than  sixty  (60)  days,  in  the  discretion  of  the  municipal  court 
of  said  city. 

(Id.  §7.) 

22.  Repeal  of  Ordinance  301. — Ordinance  number  301  of 
said  city,  entitled  "An  ordinance  in  relation  to  auctioneers," 
approved  Aug.  17,  1882,  published  Aug.  18,  1882,  and  all  other 
ordinances  and  parts  of  ordinances  inconsistent  herewith  are 
hereby  repealed. 

(Id.  §8.) 

23.  Auctioneers  not  to  collect  crowds  on  streets  or  side- 
walks— Penalty. — No  person  or  persons  shall  sell  or  attempt 
to  sell,  or  shall  cry  for  sale  at  public  auction  in  the  City  of  St. 
Paul,  any  goods,  chattels,  or  personal  property  whatever,  to 
any  person  or  persons,  upon  the  sidewalks  or  streets  within 
the  said  city,  so  as  to  collect  a  crowd  upon  the  said  sidewalks 
and  streets,  whereby  the  free  passage  thereof  to  any  person 
or  persons  is  prevented  or  hindered.  This  section  shall  in- 
clude licensed  auctioneers  of  the  city,  and  it  is  hereby  made 
the  express  duty  of  the  chief  of  police  and  all  police  officers 
of  said  city,  to  cause  the  strict  observance  of  this  and  all  other 
ordinances  relative  to  the  obstruction  of  sidewalks  and  streets 
within  said  city. 

Any  person  violating  any  provision  of  this  ordinance, 
shall,  upon  conviction  thereof,  be  punished  by  a  fine  not  ex- 
ceeding fifty  dollars  ($50). 

(Ord.  No.  438,  approved  Aug.  19,  1884,  §§13,  21.) 

24.  Gongs  not  to  be  sounded — Penalty. —  It  shall  be  unlaw 
ful  for  any  person,  firm  or  corporation  to  sound  gongs  on  or 
along  the  streets,  highways,  alleys  or  other  public  property 
or  places  for  the  purpose  of  advertising  any  auction  sale  or 
other  business,  or  for  the  purpose  of  attracting  attention  to 
any  advertising  wagon  or  other  vehicle  or  otherwise,  or  in  any 
manner  sound  gongs  on  or  along  any  of  I  lie  sheets,  high- 
ways, etc,  of  the  City  of  St.   Paul  for  any  cause. 


IS 

Any  person  convicted  of  violating  the  provisions  of  this 
ordinance  shall  be  fined  in  a  sum  not  less  than  twenty-five 
dollar-  ($25     "i"  more  than  one  hundred  dollars  ($100). 
I  M-.l.  No.  ;ii.  approved  Sept.  7,  L886,  §§  1,  2.) 

AUDITORIUM. 
Ordinance  No.  2525. 

(Approved  August  9,   1905.) 

An  Ordinance  to  provide  for  the  construction  and  maintenance 
of  a  municipal  building  suitable  for  auditorium  purposes, 
and  to  create  an  auditorium  board  for  the  management 
thereof. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain 
as  follows : 

25.  Sec.  1.  Membership. — That  upon  the  passage  of  this 
ordinance  the  Mayor  shall  appoint  five  resident  freeholders  of 
said  city  as  an  Auditorium  Board,  whose  terms  of  office  shall 
be  respectively  for  one,  two,  three,  four  and  five  years,  and  an- 
nually thereafter  the  Mayor  shall  appoint  one  member  of  said 
Board  whose  term  shall  be  five  years,  and  shall  fill  all  vacan- 
cies therein, from  whatever  cause,  with  persons  of  like  quali- 
fications. 

The  members  of  said  Board  shall  file  the  usual  oath  of 
office  with  the  Comptroller,  and  shall,  within  ten  days  from 
their  appointment,  and  annually  thereafter,  meet  and  select 
from  their  number  a  president  and  vice  president  of  said 
Board. 

Said  Board  shall  hold  stated  meetings  as  often  as  once 
in  each  month  and  shall  keep  a  record  of  its  proceedings,  and 
the  City  Treasurer.  Comptroller  and  City  Clerk  shall  be  re- 

tively  treasurer,  comptroller  and  clerk,  ex-officio  of  said 
Board. 

The  members  of  said  board  shall  serve  without  compen- 
sation. 

26.  Sec.  2. — Funds  and  building. — That  as  soon  as  sufficient 
funds  therefor  are  in  the  City  Treasury,  provided  by  public  do- 
nation, or  otherwise,  said  Board  shall,  with  the  approval  of  the 
Common  Council,  procure  a  suitable  site  at  some  convenient 


1!) 

point  in  said  City,  and  cause  to  be  erected  thereon,  for  said 
City,  a  municipal  building  suitable  for  auditorium  and  other 
municipal  purposes  and  the  accommodation  of  large  gather- 
ings of  people  on  public  occasions,  at  a  cost  of  not  more  than 
three  hundred  thousand  dollars.  Said  site  and  building  shall 
be  the  property  of  the  City  of  St.  Paul,  and  all  contracts  in 
relation  to  the  construction  of  said  building  shall  be  made  by 
said  City  as  provided  for  by  Chapter  fifteen  of  the  City  Charter 
upon  the  advice  and  recommendation  of  said  Board,  provided 
said  Board  shall  have  authority  to  advertise  and  receive  bids 
in  that  behalf,  but  shall  report  the  same  to  the  Common 
Council  for  confirmation  and  award  of  the  contract  thereon. 
Said  Board  shall  also,  with  the  approval  of  the  Common 
Council,  have  the  right  to  employ  an  architect  to  prepare 
plans  and  specifications  for  and  oversee  the  construction  of 
said  building  subject  to  the  general  superintendence  of  said 
Board. 

27.  Sec.  3.  Charge  of  Building. — When  said  building  is 
completed,  said  Board  shall  have  charge  of  the  maintenance 
and  operation  thereof,  and  with  the  approval  of  the  Common 
Conned  shall  have  the  right  to  employ  all  necessary  help  in 
connection  therewith. 

28-  Sec.  4.  Disposal  of  receipts. — All  money  derived  from 
the  use  of  said  building  shall  be  dad}-  turned  into  the  City 
Treasury  and  shall  be  credited  to  a  fund  to  be  known  as  tin- 
Auditorium  Fund,  and  the  expense  of  maintaining  said  build- 
ing shall  oe  paid  from  the  same  fund. 

Any  and  all  profits  which  may  accrue  from  said  building, 
in  excess  of  the  cost  of  maintenance  and  operation,  shall  at 
the  end  of  each  fiscal  year,  be  se1  apart  and  preserved  as  a 
sinking  fund  to  aid  in  the  redemption  of  any  bonds  thai  may 
b(  issued  for  the  construction  of  said  building,  and  payment 
of  the  interesl  thereon. 

29.         Sec.   5.     Annual   reports. — Said     Board      shall     in     the 
month  of  January  of  each  year,  and  at   such  times  as  the  Coin 
mon  Council  may  require,  make  to  the   Mayor  and  Common 
Council  a  full  and  detailed  report  of  its  proceedings,  including 


20 

-  and  expenditures  and  the  source  thereof,  for  the 
preceding  year. 

Sec.  ti.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage*  approval  and  publication. 

AUTOMOBILES. 

Ordinance  No.  2301. 

i  Approved  August  22,  1902.) 

An    Ordinance    regulative    to    automobiles,    locomobiles,    and 
all  other  so-called   "horseless  carriages,"   traveling  upon 
the  streets  of  the  City  of  St.  Paul,  and  fixing  a  penalty 
for  the  violation  thereof. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain 

as  follows : 

30-  Sec.  1.  Speed  limit. — That  hereafter  it  shall  be  unlaw- 
ful for  any  person  or  persons  riding,  driving,  managing  or 
conducting  any  automobile,  locomobile,  or  any  "horseless 
carriages,"  to  allow  or  permit  the  same  to  travel  or  run  upon 
any  of  the  streets  or  highways  of  the  City  of  St.  Paul  at  a 
rate  of  speed  to  exceed  ten  (10)  miles  per  hour. 

31.  Sec.  2.  Lamps  at  night. — That  hereafter  it  shall  be  un- 
lawful for  any  person  or  persons  riding,  driving,  managing  or 
conducting  any  automobile,  locomobile  or  any  "horseless 
carriages,"  to  allow  the  same  to  travel  or  run  upon  any  of  the 

its  or  highways  of  the  City  of  St.  Paul  after  sunset  with- 
out having  attached  thereto  a  lighted  lamp,  either  in  front  or 
one  on  each  side. 

32.  Sec.  3.  Penalty. — Any  person  who  shall  violate  any 
o:  the  provisions  of  this  ordinance  shall,  upon  conviction  there- 
of, be  fined  in  the  sum  of  not  less  than  ten  dollars  or  more 
than  one  hundred  dollars,  or  by  imprisonment  for  not  less 
than  ten  or  more  than  eighty  days. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 


21 

AWNINGS. 

33.  In     fire     limits,     how     constructed — Elevation — Other 

awnings,  how  constructed — Elevation — Penalty. 

All  awnings  hereafter  constructed  or  suspended  within 
the  fire  limits  of  the  city  of  St.  Paul,  as  defined  and  established 
by  any  ordinance  of  said  city,  shall  be  covered  with  cloth, 
leather,  or  other  light  and  pliable  substance,  and  securely  at- 
tached to  the  building  and  properly  supported  without  post, 
by  iron  or  other  metallic  fastenings  and  supports,  and  shall 
be  elevated  at  least  eight  feet  at  the  lowest  part  thereof  above 
the  top  of  the  sidewalk,  and  shall  not  project  over  the  sidewalk 
to  exceed  three-fourths  of  the  width  thereof,  so  as  to  leave 
the  sidewalk  wholly  unobstructed  thereby,  and  no  such  awn- 
ing shall  be  erected  or  repaired,  either  wholly  or  in  part,  of 
wood.  All  other  awnings  shall  be  elevated  in  the  lowest  part 
thereof  at  least  eight  feet  above  the  top  of  the  sidewalk,  and 
may  be  supported  by  a  rail  placed  on  posts  erected  on  the 
outer  edge  of  the  sidewalk.  Any  person  who  shall  erect  any 
awning  contrary  to  the  provisions  hereof  or  refuse  or  neglect 
forthwith  to  remove  any  awning  or  awning  posts,  heretofore 
or  hereafter  erected  contrary  to  the  provisions  hereof,  shall, 
upon  conviction  thereof,  forfeit  and  pay  a  fine  of  not  less 
than  five  dollars  ($5)  nor  more  than  one  hundred  dollars 
($100)  for  each  offense. 

(Ord.  No.  241,  approved  June  7,  1881,  §  1.) 

34.  Iron    frame    work — Penalty. — Where    awnings    are    at- 
tached to  buildings,  the  frame  work  shall  be  of  metal. 

Any  person  who  shall  violate  any  of  the  provisions  of  this 
ordinance,  where  no  other  penalty  is  provided,  shall  be  subject 
to  a  fine  of  nol  less  than  ten  dollars  (Sim.  nor  exceeding  one 
hundred  dollars  ($100),  for  each  and  every  offense. 

Any  builder,  contractor  or  plumber  who  shall  construct, 
and  any  architect  having  charge  of  the  same  who  shall  permit 
to  be  constructed,  any  building  or  plumbing  in  violation  of 
this  article,  shall  be  liable  to  the  penalties  provided  and  im- 
posed by  this  section. 

(Ord.  No.  340,  approved  June  22,  1883,  §§62,  L07.) 


82 

BAIL. 

35.  Special  bail  for  violation  of  ordinance. — That  any  per- 
son or  persons  arrested  for  the  violation  of  any  city  ordinance 
shall  have  the  right  to  release  himself  or  herself  from  such 
arrest,  by  giving  special  bail  in  double  the  amount  of  the  high- 
fine  which  can  be  imposed  for  the  violation,  conditional 

for  his  or  her  personal  appearance  at  the  next  session  of  the 
municipal  court. 

(Ord.  July  1,  1873,  §  1.) 

36.  Duty  of  officer  in  charge  of  police  station. — The  chief 
of  police  or  captain  of  police,  who  may  be  in  charge  of  the 
police  station  when  such  person  or  persons  shall  be  confined, 
when  such  bails  are  offered,  is  hereby  authorized  and  required 
to  take  and  approve  such  bail  bond. 

(W.  §  2.) 

37.  Bondsmen  must  be  freeholders — Money  may  be  de- 
posited.— Xo  person  shall  be  taken  as  special  bail  for  any  per- 
son  arrested  for  the  violation  of  any  city  ordinance  who  shall 
not  be  a  freeholder  within  the  City  of  St.  Paul,  or  unless  he  or 
she  shall  deposit  with  the  chief  or  captain  taking  such  bail  a 
sum  of  money  equal  to  the  penal  amount  of  such  bond,  and 
stipulate  in  such  bond  that  said  money  may  be  held  by  the 
City  of  St.  Paul,  to  answer,  pay  and  discharge  any  judgment 
which  mav  be  rendered  on  such  bond. 

(Id.  §  3.) 


BARBER  SHOPS. 

Whereas.  A  majority  of  the  barbers  of  the  City  of  St. 
Paul  have  petitioned  the  common  council  of  said  city  for  the 
passage  of  an  ordinance  by  said  common  council  prohibiting 
the  opening  of  barber  shops  or  the  doing  of  barber  business 
therein  on  the  Lord's  Day.  commonly  called  Sunday. 

Xow.  therefore,  the  common  council  of  the  City  of  St. 
Paul  do  ordain  as  follows : 


23 

Barber  shops  not  to  be  open,  and  barber  work  not  to  oe  done 
on  Sunday — Exception. 

38.  Sec.  1.  That  it  shall  be  unlawful  for  any  barber  or 
company  of  barbers  within  the  limits  of  the  City  of  St.  Paul  to 
keep  open  his  or  their  barber  shop  or  place  of  business,  or  to 
do  or  perform,  or  to  permit  to  be  done  or  performed  therein, 
any  barber  business  of  any  name,  nature  or  kind,  either  by 
himself,  a  journeyman  barber,  or  any  other  person,  whether 
engaged  in  or  employed  in  and  about  his  said  shop  or  place 
of  business  as  such  barber  journeyman  or  otherwise,  within 
the  limits  of  the  City  of  St.  Paul  at  any  time  on  or  during  the 
Lord's  Day,  commonly  called  and  known  as  Sunday. 

Provided,  however,  that  the  provisions  of  the  above  and 
foregoing  section  shall  not  apply  to  the  works  above  men- 
tioned which  are  of  necessity,  or  of  charity,  or  when  done  for 
the  good  order  or  health  of  the  community,  or  for  travelers, 
or  sick  or  infirm  persons,  if  performed  outside  of  their  shops 
or  place  of  business. 

(Ord.  No.  651,  approved  April  28,  1886,  §  1.) 

39.  Penalty. — Any  barber  or  other  person  who  shall  violate 
the  provisions  of  the  above  and  foregoing  ordinance  shall,  upon 
conviction  thereof  before  any  court  having  jurisdiction  of  such 
offense,  be  punished  by  a  fine  not  exceeding  the  sum  of  twen- 
ty-five dollars   ($25),  nor  less  than  ten  dollars  ($10). 

(Id.  §2.) 

BEGGING. 
Ordinance  No.   1890- 
(Approved  August  21,   L896.) 

An  Ordinance  providing  for  the  prevention  of  street  begging, 
and  for  the  punishment  of  persons  who  annoy  pedestrians 
in  the  city  of  St.  Paul. 
The  Common  Council  of  the  City  of  St.   Paul  do  ordain 

as  f<  >11'  >ws  : 

40.  Sec.  1.  Begging  Defined. — No  person  or  persons  shall, 
upon  the  public  streets,  lanes,  alle)  ways  or  any  other  public 
place,  beg  money  or  engage  in   streel   beggii 

Sec   2.     No  person  or  persons  shall   go   from   housi 
house  begging  alms  in  said  City  of  St.  Paul. 


•.'I 

Sec.  3-     No  person  or  persons  shall  accost  strangers,  or 
and  annoy  people  upon  the  streets  of  said  city  by  beg- 
otherwise  misbehaving  themselves. 

41.  Sec.    4.     Penalty. — Any      person      violating-    the    pro- 
•is  of  this  ordinance  shall  be  punished  by  a  fine  of  not 

nor  more  than  $15,  or  by  imprisonment  for  not  less 
than  ten  or  more  than  thirty  days. 

Sec.  5-  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  ige  and  publication. 

BICYCLES. 
Ordinance  No.  2199. 

i  Approved  June  27,  1901.) 

An  Ordinance  relating  to  bicycles  and  bicycle  paths,  restrict- 
ing and  regulating  the  riding  and  using  of  bicycles  and 
prescribing  measures  for  the  protection  and  maintenance 
of  bicycle  paths  within  the  City  of  St.  Paul. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain 

as  follows : 

42.  Sec.  1.  Riding  on  sidewalks — Streets. — Xo  person 
shall  ride  any  bicycle  along  or  upon  any  sidewalk  of  the 
paved  portion  of  any  street  in  the  City  of  St.  Paul  nor  upon 
the  sidewalk  of  any  street  upon  or  along  which  a  bicycle  path 
has  been  constructed,  nor  upon  the  sidewalk  or  foot  path  of 
any  park.,  nor  upon  the  sidewalk  or  foot  path  of  any  of  the 
bridges  in  the  City  of  St.  Paul,  nor  upon  or  along  the  side- 
walk of  any  street  within  the  limits  bounded  by  and  including 
the  following  streets.,  to-wit:  Commencing  at  a  point  on  the 
northern  bank  of  the  Mississippi  river  at  its  intersection  with 
Smith  avenue  to  St.  Clair  street,  thence  westerly  on  St.  Clair 
street  to  St.  Albans  street,  thence  northerly  on  St-  Albans 
street  to  Pleasant  avenue,  thence  easterly  on  Pleasant  avenue 

lakland  avenue,  thence  westerly  on  Oakland  avenue  to 
Summit  avenue,  and  thence  westerly  on  Summit  avenue  to 
Victoria  street,  thence  northerly  on  Victoria  street  along  the 
east  line  thereof  to  Van  Buren  street,  thence  easterly  on 
Van  Buren  street  to  the  center  line  of  Como  avenue,  thence 
on  the  center  line  of    Como    avenue  to    Rice    street,  thence 


25 

northerly  on  Rice  street  to  Sycamore  street,  thence  easterly 
on  Sycamore  street  to  Cortland  street,  thence  southerly  on 
Cortland  street  to  Acker  street,  thence  easterly  on  Acker 
street  to  Mississippi  street,  thence  southerly  on  Mississippi 
street  to  Minnehaha  street,  thence  easterly  on  Minnehaha 
street  to  Arcade  street,  thence  southerly  on  Arcade  street  to 
East  Sixth  street,  thence  on  East  Sixth  street  to  the  tracks 
of  the  St.  Paul  &  Duluth  Railway,  thence  along  the  tracks  of 
the  St.  Paul  &  Duluth  Railway  to  Kittson  street,  thence 
southerly  on  Kittson  street  to  the  Mississippi  river,  thence 
along  the  Mississippi  river  to  the  place  of  beginning. 

43.  Xor  upon  the  sidewalks  on  either  side  of  Summit  ave- 
nue east  of  Albert  street,  nor  upon  the  sidewalk  on  either  side 
of  Hastings  avenue  from  Earl  street  to  Bates  avenue,  nor  up- 
on the  sidewalk  on  the  east  side  of  Rice  street  from  University 
avenue  to  Maryland  street,  nor  upon  the  west  side  of  Mis- 
sissippi street  from  Acker  to  York  street,  nor  upon  the  side- 
walk on  the  south  side  of  Acker  street  from  Cortland  to 
Mississippi  street,  nor  upon  the  sidewalk  on  the  south  side 
of  Maryland  street  from  Dale  street  westerly  to  the  city 
limits,  nor  upon  the  sidewalk  on  the  west  side  of  Forest  street 
from  Minnehaha  street  to  Hastings  avenue,  nor  upon  the  side- 
walk on  both  sides  of  Edgerton  street  from  Minnehaha  street 
to  Maryland  street. 

(Ordinance   No.   2300,   approved    August    12,   190 

44.  Nor  upon  the  sidewalks  on  either  side  of  Fauquier 
street  from  Payne  avenue  to  Duluth  avenue,  and  the  side- 
walks on  either  side  of  Reaney  street  from  Payne  avenue  to 
Duluth  avenue;  nor  upon  the  sidewalk  on  the  west  side  of 
Burr  street  from  Minnehaha  street  to  Case  street. 

45.  Xor  upon  the  sidewalk  on  the  north  side  of  Maryland 
street  from  Rice  street  to  Western  avenue. 

Nor  upon  the  sidewalk  on  the  side  of  Wells  streel  from 
Payne  avenue  to  Greenbrier  avenue,  nor  upon  the  sidewalk  on 
Case  streel  from  Burr  streel  to  Payne  avenue. 

46.  Provided,  however,  that  the  foregoing  shall  nol  apply  to 
the  sidewalks  on  the  north  side  of  Pleasanl  avenue  west  of 
Ramsey  street,  nor  to  the  sidewalk  on  the  west  side  of  North 


26 

Oak-  street  between  Dayton  avenue  and  Martin  street,  nor 
upon  the  south  side  of  Portland  avenue,  from  Dale  street  to 
Victoria  street,  nor  upon  the  west  side  of  Victoria  street,  from 
Summit  avenue  to  Portland  avenue,  nor  to  the  sidewalk  on  the 
north  side  of  Dayton  avenue,  from  Lexington  avenue  to  Vic- 
toria street,  nor  to  the  sidewalk  on  the  south  side  of  Acker 
street,  from  Mississippi  street  to  Jackson  street. 

47.  Sec.  2.  Streets — Continued. — No  person  shall  ride  any 
bicycle  along  or  upon  the  sidewalk  of  any  street  within  the 
limits  hounded  by  and  including  the  following  streets,  to-wit: 

Commencing  at  the  southern  bank  of  the  Mississippi  river 
at  the  intersection  therewith  of  Robert  street,  thence  along 
South  Robert  street  to  Isabel  street,  thence  along  Isabel 
street  to  State  street,  thence  along  State  street  to  Congress 
street,  thence  along  Congress  street  to  Brown  avenue,  thence 
along  Brown  avenue  to  Robie  street,  thence  along  Robie 
street  to  State  street,  thence  along  State  street  to  the  center 
of  Concord  street,  thence  along  the  center  of  Concord  street 
to  South  Wabasha  street,  thence  along  South  Wabasha  street 
to  the  Mississippi  river,  and  thence  along  said  river  to  the 
place  of  beginning. 

48.  Xor  upon  the  sidewalk  on  the  east  side  of  Oakdale 
avenue,  from  State  street  to  Curtice  street,  nor  upon  the  side- 
walk on  either  side  of  Concord  street,  from  State  street  to 
Brown  avenue,  nor  upon  the  sidewalks  on  either  side  of  Oak- 
dale  avenue  from  the  south  side  of  Prescott  street  to  Page 
street. 

49.  Xor  upon  the  sidewalk  on  the  south  side  of  Prescott 
street,  from  Oakdale  avenue  to  Woodbury  street,  nor  upon 
the  sidewalks  upon  East  Fairfield  avenue  from  Robert  street 
to  State  street,  nor  upon  the  sidewalk  on  the  north  side  of 
Fairfield  avenue  from  Wabasha  street  to  Ethel  street,  nor  up- 
on the  sidewalk  upon  the  north  side  of  Winifred  street,  from 
Ohio  street  to  South  Wabasha  street,  nor  upon  the  sidewalk 
upon  the  east  side  of  South  Robert  street  from  Dearborn 
street  to  Morton  street;  nor  upon  the  sidewalk  on  the  south 
side   of   George  street  from   Ohio   street  to   Charlton   street; 

r  upon  the  sidewalks  on  Hall  avenue  from  Winifred  street 


•r, 

to  the  edge  of  the  bluff,  nor  upon  the  sidewalks  upon  Green- 
wood avenue  from  Delos  street  to  Winifred  street. 

50.  Provided,  however,  that  the  foregoing  shall  not  apply 
to  the  sidewalks  on  the  east  side  of  State  street  from  Concord 
street  to  Robie  street,  nor  to  the  sidewalk  on  the  east  side  of 
Greenwood  avenue,  nor  to  the  sidewalk  on  the  west  side  of 
Starkey  street,  nor  to  the  sidewaiK  on  the  east  side  of  Starkey 
street  trom  Chicago  avenue  north,  nor  to  the  sidewalk  on 
either  side  of  Fillmore  avenue  from  South  Wabasha  to  South 
Robert  street,  and  provided  further,  however,  "That  no  person 
shall  ride  any  bicycle  along  or  upon  the  sidewalk  upon  the 
west  side  at  any  time  or  upon  the  sidewalk  on  the  east  side, 
upon  Sundays,  of  the  High  Bridge,  so-called,  crossing  the 
Mississippi  river  at  Smith  avenue." 

(Ordinance  No.  2360,  approved  April  3,  1903.) 

51.  Sec.  3.  No  person  or  persons  shall  ride  a  bicycle  along, 
over  or  upon  any  street,  road,  bicycle  path  or  other  public  way 
in  the  City  of  St.  Paul  at  a  rate  of  speed  exceeding  ten  miles 
an  hour,  nor  shall  any  person  or  any  persons  ride  a  bicycle 
over,  along  or  upon  any  of  the  public  sidewalks  of  any  un- 
paved  portion  of  any  street  within  the  City  of  St.  Paul  outside 
of  the  limits  prescribed  in  chapter  one  hereof  at  a  rate  of  speed 
exceeding  six  (6)  miles  an  hour. 

52.  Sec.  4.  No  person  or  persons  shall  hereafter  carry, 
transport  or  convey  upon  any  bicycle  upon  which  at  the  time 
he  or  they  shall  be  riding,  any  child  under  the  age  of  twelve 
years,  nor  shall  any  person  or  persons  ride  a  bicycle  anywhere 
within  the  corporate  limits  of  the  City  of  St.  Paul  withoul 
having  at  least  one  hand  upon  the  handle  bar  thereof  al  all 
times;  nor  shall  ;in\  person  or  persons  ride  a  bicycle  within 
the  corporate  limits  of  the  City  of  St-  Paul  withoul  having 
attached  to  the  handle  bar  thereof  and  In  a  position  to  be  easily 
reached  by  the  hand  of  the  person  riding  said  bicycle,  a  suit- 
able bell;  nor  shall  any  person  or  persons  ride  any  bicycle 
anywhere  within  the  limits  of  the  Cit\  of  St.  Paul  a1  an)  time 
between  dust  and  dawn  unless  there  shall  be  attached  to  the 
front  part  of  Raid  bicycle  in  a  conspicuous  place  and  throwing 


28 

ays  directly  in  front  of  the  said  bicycle  a  lighted  lamp 
or  lantern. 

53.  Sec.  5.  X"  person  or  persons  shall,  while  riding  a 
bicycle  within  the  corporate  limits  of  the  City  of  St.  Paul, 
make  any  loud  noise  or  disturbance,  nor  ring  harshly  any  loud 
bell  .  nor  make  any  hideous  or  unseemly  noise,  nor 
shall  any  person  or  persons  riding  a  bicycle  anywhere  within 
the  limits  of  the  City  of  St.  Paul  approach  any  pedestrian  or 
any  vehicle  in  actual  use  without  giving  warning  of  his  or 
their  approach  by  ringing  the  bell,  in  the  next  preceding 
section  provided  for. 

54.  Sec.  6.  No  person  or  persons  shall  injure,  obstruct 
or  destroy  or  drive  or  cause  or  allow  to  be  driven  any  cattle, 
sheep,  horses,  swine,  or  other  animal,  or  any  team  or  vehicle 
other  than  a  bicycle  along,  or  upon  any  bicycle  path  in  the 
City  of  St.  Paul  constructed  for  the  use  of  bicycles,  except 
for  the  purpose  of  crossing  any  such  path  at  street  intersec- 
tions and  at  private  driveways.  Provided,  however,  that 
nothing  in  this  section  shall  be  construed  to  abridge  or  in  any 
manner  to  impair  the  right  of  access  to  adjoining  or  abutting 
property  or  the  lawful  use  of  any  street  or  alley  in  connection 
therewith. 

55.  Sec.  7.  Xo  person  or  persons  shall  willfully  drop., 
throw,  or  place,  or  cause  or  procure  or  allow  to  be  dropped, 
thrown  or  placed  in,  on  or  upon  any  bicycle  path  or  any  public 
avenue,  street,  sidewalk,  alley,  road,  bridge,  foot  path,  park- 
way, highway  or  other  thoroughfare  within  the  City  of  St. 
Paul,  any  glass  or  piece  of  glass,  or  tacks  or  barbed  wire  or 
piece  of  wire,,  or  other  metal,  brier,  thorn,  or  any  other  sub- 
stance which  would  have  a  tendency  to  injure  or  puncture 
any  tire  used  on  any  bicycle,  or  which  in  any  event  would 
have  a  tendency  to  wound,  disable  or  injure  any  person  using 
a  bicycle  in  said  city. 

56.  Sec.  8.  Penalty. — Any  person  or  persons  violating  any 
of  the  provisions  of  either  of  the  two  chapters  of  this  ordinance 
shall,  upon  conviction  thereof,  be  fined  not  less  than  one 
dollar  ($]  i  nor  more  than  one  hundred  dollars  ($100),  or  im- 


29 

prisonment  for  not  less  than  one  (1)  day  nor  more  than  ninety 
(90)  days. 

Sec.  9.  Repeal  of  old  ordinances. — All  ordinances  or 
parts  of  ordinances  in  any  manner  contravening  or  in  any  way 
inconsistent  with  any  of  the  provisions  of  this  ordinance  are 
hereby  repealed. 

Sec.  10.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  publication. 

57.  Sec.  1-  Limits  defined. — That  hereafter  it  shall  be  un- 
lawful for  any  person  to  ride  any  bicycle  on  the  sidewalk  on 
the  north  side  of  Beech  street,  between  Seventh  and  Cypress 
streets. 

58.  Sec.  2.  Penalty. — Any  person  who  shall  violate  the 
provisions  of  this  ordinance  shall  be  punished  by  a  fine  of  not 
more  than  ten  dollars,  or  by  imprisonment  for  not  more  than 
five  days,  for  each  offense. 

Sec.  3.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  the  passage,  approval  and  publication. 
(Ord.  No.  2465,  approved  Aug.  22,  1904.) 

BICYCLE  PATHS. 
Ordinance  No.  2493. 

(Approved  February  13,  1905.) 

An  Ordinance  to  provide  for  the  construction  and  mainten- 
ance of  cycle  paths  in  the  City  of  St-  Paul,  and  to  regulate 
the  use  thereof,  the  City  Council  of  the  City  of  St.  Paul 
do  hereby  ordain  as  follows : 

59.  Sec.  1.  Commission  created. — The  Ramsey  County 
Side  Path  Commission  is  hereby  authorized  and  empowered 
to  construct  and  maintain  cycle  paths  along  such  streets  of 
the  City  of  St.  Paul  as  shall  hereafter  be  designated  by  reso- 
lution of  the  City  Council. 

60.  Sec.  2.  Width  of  paths. — Said  paths  shall  no1  be  less 
than  four  (4)  feet  nor  more  than  eighl  (8)  feel  wide,  and  shall 
be  located  along  such  portion  of  the  public  street  as  shall  from 
time  to  time  be  determined  and  designated  by  resolution  of 

the  City  Council. 


30 

61.  Sec.  3.     License  tag. —  No  person  shall  ride   a  bicycle 
g  any  portion  of  any  path  so  constructed  without  first  hav- 
ing obtained  and  affixed  to  his  wheel  a  license  tag,  as  herein- 
after provided. 

62.  Sec.  4.  Fee  for  tag. — Any  person  may,  upon  applica- 
tion to  the  City  Clerk  of  the  City  of  St.  Paul,  and  the  pay- 
ment to  him  of  a  fee  of  fifty  (50)  cents,  obtain  from  him  a 
bicycle  license  tag.  Such  tag"  shall  be  of  a  pattern  or  design 
to  he  determined  by  the  Ramsey  County  Side  Path  Associa- 
tion, shall  he  conspicuously  affixed  to  the  left  front  fork  of 
said  bicycle,  and  when  so  affixed  shall  be  good  during  the  cal- 
endar year  in  which  said  tag  is  issued  and  no  longer. 

63.  Sec.  5.  City  Clerk  to  register. — The  City  Clerk  shall 
ster  in  a  suitable  book,  to  be  by  him  kept  for  that  pur- 
.  the  name  and  residence  of  the  applicant  for  each  license, 

together  with  the  number  of  such  license  and  the  make,  style, 
year  and  manufacturer's  serial  number  of  the  wheel  to  which 
said  tag  is  to  be  affixed. 

64.  Sec.  6.  Money  received. — All  moneys  received  by  the 
City  Clerk  for  license  fees,  as  provided  in  section  four  (4)  of 
this  Ordinance,  shall  be  by  him  turned  over  upon  the  first  day 
of  each  month' to  the  City  Treasurer  of  the  City  of  St.  Paul, 
who  shall  keep  the  same  separate  and  apart  from  all  other 
funds  belonging  to  said  city:  and  said  moneys  shall  constitute 
a  fund  to  be  used  only  for  the  purposes  of  construction  and 
maintaining  bicycle  paths,  as  provided  in  this  Ordinance,  and 
for  defraying  the  expense  of  procuring  and  issuing  the  bicvele 
hcens  Mentioned  in  section  four  (4)  hereof. 

65.  Sec-  7.  Signs  to  be  put  up.— The  Ramsey  County  Side 
Path  Commission  shall  cause  to  be  placed  along  said  paths  at 
suitable  intervals  signs  marked  "Cycle  path  for  licensed 
wheels  only." 

66.  Sec.  8.  Application  to  old  paths. — All  provisions  of 
this  Ordinance  shall  apply  as  well  to  all  cycle  paths  heretofore 

ructed  under  the  authority  of  the  Common  Council  of  the 
St.  Paul,  the  Board  of  County  Commissioners  of  the 
County  of  Ramsey,  or  the  Ramsey  County  Side  Path   Com- 
mission 


31 

67.  Sec.  9.  Penalty. — Any  person  violating  any  of  the 
provisions  of  this  Ordinance  shall,  upon  trial  and  conviction 
thereof,  before  the  Municipal  Court  of  the  City  of  St.  Paul,  be 
punished  by  a  fine  not  to  exceed  ten  ($10)  dollars,  or  in  default 
in  the  payment  thereof  by  imprisonment  in  the  workhouse  of 
the  City  of  St.  Paul  for  a  period  not  to  exceed  ten  (10)  days. 

68.  Sec.  10.  Control  of  paths — It  is  hereby  enacted  that 
the  care  of  the  paths  shall  be  entirely  within  the  control  of 
the  Ramsey  County  Side  Path  Commission. 

Sec.  11.     This  Ordinance  shall  take  effect  and  be  in  full 
force  from  and  after  its  passage. 

BILL  BOARDS,  FENCES,  BILL  POSTING,  ADVERTIS- 
ING,   DEFACING    STRUCTURES,    ETC. 

69.  Sec.  1.  No  person,  firm  or  corporation  shall  hereafter 
construct  or  cause  to  be  constructed  in  the  City  of  St.  Paul, 
in  front  of  or  along  the  line  of  any  lot,  piece  or  parcel  of  land 
adjoining  any  or  either  of  the  streets,  avenues  or  other  public 
property  of  the  City  of  St.  Paul,  any  board  fence  exceeding 
4.  1-2  feet  in  height,  nor  shall  any  person,  firm  or  corporation 
hereafter  construct  or  maintain  or  cause  to  be  constructed  or 
maintained,  anywhere  in  the  City  of  St.  Paul,  any  fence  of 
horizontally  strung  barbed  wires  less  than  four  feet  in  height, 
nor  shall  the  wires  of  which  the  same  shall  be  constructed  be 
more  than  one  foot  apart,  nor  shall  any  such  fence  be  con 
structed  along  the  line  of  any  graded  streel  except  with  a 
wooden  or  board  rail  the  full  length  of  the  top  thereof,  so 
placed  and  constructed  as  to  afford  protection  from  the  top 
mosl  wire  thereof. 

(Ord.   No.  515,  approved  May   19,   L885,  as  amended  by  Ord. 

Xo.  21  Hi,  approved  Ma\    ;,   L900.) 

(See,  also,  (  )nl.  Xo.   L937,  approved  June  22,   L897,  and  as  to 

board  fences,  etc.,  see  See i  Ion  L08  of  the  Building  Code.) 

Bill  posting  and  advertising,  mutilating  and  defacing  forbidden 
on  St.  Paul  bridge — Penalty. 

70.  Xo  person  shall  place  on,  or  attach  to,  any  pan  of  said 
bridge  an)  s-ign,  notice,  bids,  posters,  placards,  advertisem 
device  or  other  thing,  or  shall  in  any  manner  injure,  mutilate 


32 

ac<    the  same;  and  a  violation  of  any  of  the  provisions 
of  this  section  shall  be   punished  by  a  fine  of  not  less  than 
five  dollars  ($5)  nor  more  than  twenty-five  dollars  ($25). 
irdinance  of  Aug.  1,  1876,  §  1.) 

Bill  posting  and  advertising  on  lamp  posts,  electric  wire  poles, 
fences,  etc.,  on  private  property — Consent  of  owner — 
Persons  employed  are  agents  and  liable — Penalty. 

71.  Thai  hereafter  it  shall  be  unlawful  for  any  person  or  per- 
5j  firm,  corporation,  or  association  of  individuals  to,  in  any 

manner,  exhibit  or  advertise  any  kind  of  business,  entertain- 
ment, meeting  or  other  matter  or  thing  whatsoever,  by  post- 
pasting  or  affixing  in  any  manner  any  cards,  handbills, 
pictures,  engravings,  lithographs,  show  bills,  or  advertisement 
of  any  kind  or  description,  either  printed  or  in  writing,  or  any 
picture,  representation  or  other  method  of  advertising  any- 
thing whatsoever,  on  or  upon  any  lamp  post,  electric  light 
poles,  telegraph  poles  or  telephone  poles,  or  upon  any  post  or 
fence,  or  on  or  upon  any  building  or  structure,  or  window  of 
any  building  or  structure,  or  upon  any  bill-board,  sign-board 
or  advertising  display  of  any  kind  within  the  limits  of  the 
City  of  St.  Paul.  Minnesota,  unless  the  building  or  object  up- 
on which  the  same  may  be  placed  is  the  property,  or  under 
the  control  of  the  person,  firm,  corporation,  or  association  of 
individuals  so  doing,  or  unless  the  consent  of  such  owner  or 
the  person  in  control  thereof  shall  be  first  obtained. 

72.  Any  person,  firm,  corporation,  or  association  of  indi- 
viduals who  shall  employ  or  procure  any  other  person  or  per- 
sons to  distribute  or  post  up  any  advertising  matter  of  any  of 
the  kinds  aforesaid  shall  be  deemed  to  constitute  such  person 
or  persons  their  agents,  and  shall  be  responsible  under  this 
ordinance  and  subject  to  the  penalties  herein  prescribed  for 
the  acts  of  the  person  or  persons  so  procured  or  employed,  in 
case  of  the  violation  by  such  person  or  persons  of  any  of  the 
provisions  of  this  ordinance,  and  the  persons  so  procured  or 
employed,  in  case  of  violation  of  any  of  the  provisions  of  this 
ordinance  by  them,  shall  themselves  be  likewise  punishable 
under  this  ordinance  as  hereinafter  prescribed. 


73.  Any  person  violating  any  of  the  provisions  of  this  or- 
dinance shall  he  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
five  dollars  ($5)  nor  more  than  twenty-five  dollars  ($25),  for 
each  offense. 

Bill  posting  and  advertising  on  lamp  posts  and  electric  wire 
poles,  etc. — Owner  must  not  permit — Advertisements  to 
be  removed — Penalty. 

74.  Xo  person  or  persons  shall  nail,  paste,  glue  or  fasten  in 
any  manner  any  bill,  card,  advertisement,  poster,  picture,  or 
printed  or  illustrated  paper  or  painted  sign  of  any  descrip- 
tion upon  any  lamp  post  in  the  city  of  St.  Paid,  or  upon  any 
mast  or  pole  in  the  streets  of  the  City  of  St.  Paul,  or  used  for 
supporting  or  conducting  any  wires,  cables,  ropes  or  signs, 
whether  said  person  or  persons  have  the  permission  of  the 
owners  of  said  masts  or  poles  or  otherwise. 

75.  The  owner  or  owners  of  any  mast  or  pole  standing  in 
the  streets  of  the  City  of  St.  Paul,  whether  said  masts  or  poles 
are  used  for  conducting  electric  wires  or  cables,  or  for  oilier 
purposes,  shall  not  grant  permission  to  any  person  or  persons 
to  attach  thereto  in  any  manner  any  bill,  card,  advertisement, 
poster,  picture,  or  printed  or  illustrated  paper,  or  painted 
sign  of  any  description,  and  said  owner  or  owners  shall  within 
twenty  (20)  days  after  the  passage  of  this  ordinance  cause  to 
be  removed  from  said  masts  or  poles  all  of  said  articles  en- 
umerated in  this  section,  and  which  are  forbidden  by  this 
ordinance  to  be  placed  upon  said  masts  or  poles. 

Any  person  or  persons  violating  any  of  the  provisions  of 
this  ordinance  shall  be  punished  by  a  fine  in  a  sum  not  less 
than  ten  dollars  ($10)  nor  more  than  seventy-five  dollars 
($75),  or  by  imprisonment  for  not  less  than  five  (5)  nor  more 
than  thirty  (30)  days  in  the  city  workhouse. 

(Ord.  No.  1795,  approved  Dec.   L3,  1894,  §§  1,  S,  3.) 

76.  License  for  bill  posting  and  advertising — Penalty — 
Exceptions — Inconsistent  ordinances  repealed. — Any  person 
desiring  to  post  bills,  advertisements,  or  paper  upon  any  bul- 
letin or  bill  board,  or  elsewhere  in  the  City  of  St.  Paul,  or  to 
tack,    nail    or   put    up   any    tin,   hoard    or   card   signs   upon    any 


34 

bulletin  or  bill  beard,  or  elsewhere  in  said  city,  shall  first  pay 
into  the  city  treasury  of  said  city  a  fee  of  fifty  dollars  ($50) 
per  annum  for  the  privilege  of  doing  the  same,  and  shall  ob- 
tain a  license  therefor;  and  any  person  failing  to  comply  with 
this  ordinance  shall  be  subject  to  a  fine  of  not  less  than  fifty 
dollars  1^50),  nor  more  than  one  hundred  dollars  ($100),  or 
by  imprisonment  for  not  less  than  thirty  (30)  days,  nor  more 
than  ninety  (90)  days,  for  each  and  every  offense;  provided, 
however,  that  nothing  herein  contained  shall  apply  to  persons 
painting,  posting,  tacking  up,  or  suspending  cards,  signs,  or 
advertisements  of  their  own  business,  profession  or.  calling 
upon  their  own  premises,  whether  leased  or  owned  by  them. 

All  ordinances  or  parts  of  ordinances  inconsistent  here- 
with are  hereby  repealed. 

(Ord.  No.  1792,  approved  Dec.  18,  1894,  §§  1,  2.) 

77.  That  nothing  in  this  ordinance  contained  shall  be  con- 
strued to  prohibit  or  in  any  wise  prevent  the  posting  of  any 
signs  on  any  poles  or  in  any  other  places  or  positions  when 
the  same  shall  have  been  directed  so  posted  or  placed  by  au- 
thority of  the  Commissioner  of  Health. 

(As  amended  by  Ord.  No.  2178,  approved  March  21,  1001.) 

78.  Inspector  of  buildings  to  make  rules  and  issue  per- 
mits.— That  the  building  inspector  of  St.  Paul  is  hereby  au- 
thorized and  empowered  to  make  such  rules  and  regulations 
as  may  be  deemed  proper  under  the  statutes  and  ordinances 
of  the  City  of  St.  Paul  in  regard  to  the  erection  of  bill  boards 
and  to  issue  permits  for  the  same. 

That  the  building  inspector  of  St.  Paul  is  hereby  author- 
ized and  empowered  to  make  such  rules  and  regulations  as 
may  be  deemed  proper  under  the  statutes  of  the  State  of  Min- 
nesota and  ordinances  of  the  City  of  St.  Paul,  in  regard  to  the 
election  and  maintenance  of  bulletin  and  bill  boards,  and  to 
issue  permits  for  the  same. 

(Ord.  No.  823,  approved  Aug.  16,  1887,  §  1,  and  Ord.  No.  1892, 
approved  Jan.  15,  1895,  §  1.) 

Council  may  revoke  permit. — The  Common  Council  re- 
serves the  right  to  revoke  said  permit  at  any  time  and  to 
order  said  bill  board  taken  down  and  removed. 

(Ord.  No.  823,  approved  Aug.  16,  1887,  §  3.) 


BREAD. 

79.  To  be  made  of  good  flour — Weight  of  loaf — Loaf  to 
be  marked. — That  all  bread  manufactured  by  any  person  in 
said  city,  for  sale,  or  offered  for  sale,  or  sold  in  said  city,  shall 
be  made  of  good  and  wholesome  flour,  or  meal,  into  loaves  of 
one  ( 1)  or  two  (2)  pounds  avoirdupois  weight,  and  each  loaf 
shall  be  marked  with  the  number  indicating  the  weight  of 
said  loaf,  and  also  with  the  initial  letters  of  the  baker  thereof. 
(Ord.  approved  July  31,  1868,  Article  VII.,  Municipal  Code 

1884,  §  1.) 

80.  Market  master  to  be  inspector  of  bread — Duties — 
Bread  forfeited,  when — Inspector  not  to  be  resisted. — That 
the  market  master  shall  be  inspector  of  bread,  and  it  is  hereby 
made  his  duty  at  all  seasonable  hours,  and  not  less  than  once 
in  each  month,  to  enter  and  examine  each  bake-shop  or  other 
building  in  said  city  where  bread  is  baked,  deposited,  or  of- 
fered for  sale,  and  also  to  stop  and  examine  any  person  or 
vehicle  carrying  bread  for  sale  in  said  city.  And  if  on  such 
examination  he  shall  find  a  person  guilty  of  violating  any  pro- 
visions of  the  first  section  of  this  ordinance,  he  shall  take  him 
before  the  judge  of  the  municipal  court,  with  the  bread  made 
in  violation  of  said  section,  and  if  said  person  shall  be  found 
guilty  by  said  judge,  said  bread  shall  become  forfeited  to  the 
use  of  the  city.  No  person  shall  resist  the  inspector  of  bread 
in  discharge  of  any  duty  imposed  bv  this  ordinance. 

(Id.  §2.) 

81.  Penalty. — Any  person  violating  any  provisions  of  this 
ordinance  shall,  on  conviction  thereof,  be  punished  by  a  fine 
not  exceeding  twenty-five  dollars  ($25). 

(Id.  §  3. 1 

BRIDGES. 

82.  Animals  not  to  go  faster  than  a  walk. — Thai  no  person 
or  persons  shall  ride,  lead,  or  drive  faster  than  a  walk  any 
animal  or  animals  of  any  kind  over  and  along  anv  •■)'  the 
bridges  in  the  City  of  St.   Paul. 

(Ord.  No.  409,  approved  June   17,   L884,  §  1.) 


36 

83.  Animal  with  vehicle  not  to  go  faster  than  a  walk. — So 
person  or  persons  shall  drive  any  animal  or  animals,  in  a 
vehicle  o\  any  kind,  uxor  and  along  any  of  said  bridges,  at  any 
time,  Easter  than  a  walk. 

(Id.  §  2.) 

84.  Droves  of  cattle,  etc. — No  person  or  persons  shall  drive 
or  lead  large  droves  of  eattle,  nudes  or  horses  packed  in  large 
bodies,  so  as  to  endanger  said  bridges,  or  either  of  them,  but 
shall  separate  them  as  into  small  droves,  and  so  cross  the 
brid^ 

(Id.  §  3.  i 

85.  Penalty. — Any  person  violating  any  of  the  provisions 
of  this  ordinance  shall,  upon  conviction  thereof,  before  the 
judge  of  the  municipal  court,  be  punished  by  a  fine  of  not  less 
than  five  dollars  ($5)  nor  more  than  twenty  dollars  ($20),  for 
each  and  everv  offense. 

(Id.  §4.) 

86.  Sand,  salt,  and  ice  not  to  be  thrown  back  on  bridges  by 
St.  Paul  City  Railway  Co. — Must  be  removed  from  bridge  and 
street — Penalty. — That  the  St.  Paul  City  Railway  Company 
be,  and  the  same  is  hereby  prohibited  from  shoveling  or  throw- 
ing back  onto  the  bridges  within  the  City  of  St.  Paul  that  are 
crossed  by  the  tracks  of  the  St.  Paul  City  Railway  Company, 
any  sand,  or  salt,  or  salted  sand,  or  ice  that  shall  have  accumu- 
lated on  said  tracks  from  the  placing  of  sand  or  salt  thereon 
to  prevent  the  slipping  of  the  cars  ;  that  all  such  sand,  or  salt, 
or  salted  sand,  or  ice  shall  be  removed  from  the  bridge  by  the 
St.  Paul  City  Railway  Company,  and  shall  not  be  placed  or 
dumped  upon  any  bridge  or  street  within  the  City  of  St.  Paul. 

87.  That  any  violation  of  this  ordinance  shall  be  punished 
by  a  fine  of  not  less  than  twenty-five  dollars  ($25)  nor  more 
than  one  hundred  dollars  ($100). 

COrd.  No.  1644,  approved  Nov.  15,  1892,  §§  1,  2.)- 

88.  Sand,  salt,  lime  and  ice  not  to  be  transferred  to  any 
bridge  or  street  within  one  block  of  bridge,  by  any  person, 
etc. — Penalty. — No  person,  firm  or  corporation  shall  shovel  or 
transfer  from  any  street  car  tracks,  or  the  pavements  within 
three  feet  of  said  tracks,  any  sand  or  salt  or  salted  sand,  or 


37 

lime,  or  salted  ice,  that  may  have  been  placed  upon  said  tracks 
for  any  purpose,  or  may  have  accumulated  thereon  by  any 
means,  to  any  part  of  any  bridge  or  to  any  part  of  any  street 
within  one  block  of  any  bridge  within  the  City  of  St.  Paul, 
and  all  such  sand,  salt,  salted  sand,  lime  and  ice  shall  be,  upon 
order  ot  the  city  engineer,  removed  from  said  tracks  upon  any 
such  bridge,  or  within  one  block  thereof,  and  shall  not  be 
placed  or  dumped  upon  any  street  or  bridge  within  the  City 
of  St.  Paul. 

89.  An}-  violation  of  this  ordinance  shall  be  punished  by  a 
fine  of  not  less  than  twenty-five  dollars  ($25)  nor  more  than 
one  hundred  dollars  ($100),  or  by  imprisonment  in  the  city 
workhouse  for  not  less  than  five  (5)  nor  nlore  than  twenty 
(20)  days. 

(Ord.  No.  1720,  approved  Dec.  14,  1893,  §§  1,  2.) 

90.  St.  Paul  bridge,  Wabasha  street  to  Sixth  ward — 
Smoking  prohibited — Penalty.— No  person  shall  smoke  a  pipe, 
cigar,  or  any  other  thing  on  the  St.  Paul  bridge  which  crosses 
the  Mississippi  river  from  Wabasha  street  to  the  Sixth  ward 
in  the  City  of  St.  Paul;  and  any  person  violating  the  pro- 
visions of  this  section  shall,  upon  conviction  thereof,  be  pun- 
ished by  a  fine  of  not  less  than  five  dollars.- ($5)  nor  more  than 
fifty  dollars  ($50). 

((  )!-<!.,  Aug.   L,  1876,  §  1.) 

91.  St.  Paul  bridge — Animals  and  vehicles  not  to  go  faster 
than  a  walk — Penalty. —  No  person  shall  ride  or  drive  any  horse 
or  horses,  mule  or  mules,  carriage  or  vehicle  of  any  description, 
on  or  across  said  bridge  at  a  greater  speed  than  a  walk  ;  and 
for  any  violation  of  this  section  the  offender,  upon  conviction, 
shall  be  punished  by  a  line  of  not  less  than  ten  dollars  ($10) 
nor  more  than  seventy-five  dollars   ($75). 

(Id.  §2.) 

92.  St.  Paul  bridge — Cattle,  etc.,  how  driven — Penalty. — 
No  person  or  persons  shall  drive,  or  cause  to  1><-  driven,  over 
said  bridge,  any  cattle,  horses  or  mules,  any  greater  number 

ther  than  five  head  or  less,  each  group  to  be  twent)  five 
iv".;  feel  apart,  and  with  each  group  there  shall  he  a  man  or 
bov  in  charge,  win.  shall  drive  them  across  the  bridge  in  the 


3S 

manner  prescribed  in  this  section;  and  any  person  violating 
the  provisions  of  this  section  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  of  not  less  than  ten  dollars  ($10)  or 
more  than  one  hundred  dollars  (SI 00). 

(Id.   §3.) 

93.  St.  Paul  bridge — Posters,  advertisements,  etc.,  forbid- 
den— Mutilation  and  defacing  forbidden — Penalty. — No  per- 
son shall  place  on,  or  attach  to,  any  part  of  said  bridge,  any 
sign,  notice,  bills,  posters,  placards,  advertisements,  device  or 
other  thing,  or  shall  in  any  manner  injnre,  mutilate,  or  deface 
the  same  ;  and  a  violation  of  any  of  tne  provisions  of  this  sec- 
tion shall  be  punished  by  a  fine  of  not  less  than  five  dollars 
($5)  or  more  than  twenty-five  dollars  ($25). 

94.  St.  Paul  bridge — Interference  with  fire  prevention  ap- 
paratus— Penalty. — Xo  person  shall  interfere  with,  remove, 
chsplace.  or  injure  an)-  water  barrels,  buckets,  or  other  appar- 
atus placed  on  said  bridge  for  the  prevention  of  fire  and  preser- 
vation of  the  bridge ;  and  any  person  violating  any  of  the  pro- 
visions of  this  section  shall,  upon  conviction  thereof,  be  fined 
not  more  than  twenty  dollars  ($20)  nor  less  than  five  dollars 
($5). 

(Id.  5.) 

95.  St.  Paul  Bridge — Obstructions — Penalty. — No  person 
shall  place  any  obstruction  on  said  bridge,  or  block  up  or  im- 
pede the  travel  thereon,  either  on  tne  foot  or  carriage  way  of 
the  same ;  nor  shall  there  be  any  structure  of  any  kind  thereon, 
either  movable  or  fixed,  except  such  as  may  be  required  for 
repairs  to  said  bridge,  or  as  the  common  council  may  by  reso- 
lution consent  to.  And  (upon)  any  violations  of  the  provisions 
of  this  section,  the  offender  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  not  exceeding  twenty  dollars  ($20)  or  less 
than  five  dollars  ($5). 

(Id.  §6.) 

96.  St.  Paul  Bridge — Vehicles,  cattle,  etc.,  to  keep  to  the 
right — Penalty. — In  traveling  on  and  over  the  carriage  way  of 
said  bridge,  all  carriages,  vehicles,  horses,  cattle,  etc.,  shall  keep 
to  the  right-hand  side  of  the  carriage  way,  so  as  to  admit  of  the 
uninterrupted  passage  of  the  travel  coming  in  opposite  direc- 


39 

tions.  And  (upon)  any  violation  of  the  provisions  of  this  sec- 
tion, the  offender,  upon  conviction  thereof,  shall  be  punished 
by  a  fine  of  five  dollars  ($5)  for  each  and  every  offense  so  com- 
mitted. 

(Id.  §7.) 

97.  Marshall  avenue  bridge — Transfer  of  Ramsey  county's 
interests  to  city — City  to  maintain. — Whereas,  The  board  of 
county  commissioners  of  the  County  of  Ramsey,  State  of  Min- 
nesota, at  a  meeting  of  said  board  held  March  17,  1890,  adopt- 
ed a  resolution  as  follows : 

"Resolved,  That  all  the  rights  and  interests  of  Ramsey 
countv  in  and  to  Marshall  avenue  bridge  be  and  the  same  are 
hereby  transferred  to  the  City  of  St.  Paul ;  provided,  that  the 
said  city  take  all  the  responsibility  of  maintaining  said 
bridge ;"  and 

Whereas,  'The  City  of  St.  Paul  is  willing  to  have  trans- 
ferred to  it  said  bridge  under  the  conditions  named  in  said 
resolution ;  now,  therefore, 

That  the  City  of  St.  Paul  hereby  assumes  all  responsibility 
of  maintaining  said  Marshall  avenue  bridge  named  in  said 
resolution,  upon  the  transfer  of  the  said  bridge  to  the  Cit\  of 
St.  Paul. 

(Ord.  No.  1240,  approved  May  20,  1890,  §  1.) 

98.  An  Ordinance  to  prohibit  the  throwing  of  missiles  from 

the  bridges  within  the  City  of  St.  Paul. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain 
as  follows : 

Sec.  1.  It  shall  be  unlawful  for  any  person  in  an)  manner 
to  throw.  dn>p.  hurl  or  cause  to  be  thrown,  hurled  or  dropped 
from  any  bridge  or  viaduct  within  the  limits  of  the  City  of  St. 
Paul,  any  brick,  st<>nc,  wood,  iron  or  missile  of  other  material 
at  or  toward  any  person  or  any  boat,  launch,  yacht,  'rain  or 
(  ngineer. 

Sec.  2.  The  City  Engineer  and  Commissioner  of  Public 
Works  shall  post  or  cause  to  I"-  posted  on  said  bridges  appro- 
priate signs  of  warning,  which  shall  contain  the  texl  of  this 
ordinance. 


99.  Sec.  3.  Penalty. — Any  person  or  persons  violating  any 
of  the  provisions  of  this  ordinance  shall,  upon  conviction 
thereof,  be  punished  by  a  fine  of  not  less  than  $25  nor  more 
than  $100,  or  be  imprisoned  for  a  term  of  not  exceeding  ninety 
days. 

Sec.    1.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 
(Ord.  Xo.  2196,  approved  June  27,  1901.) 

BOARD  OF  PUBLIC  WORKS. 
Ordinance  No.  1883. 

(Approved  July  27,  1896.) 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

100.  Sec.  1.  State  act  adopted. — That  the  Common  Coun- 
cil of  the  City  of  St.  Paul,  in  the  State  of  Minnesota,  a  city  em- 
braced within  and  under  the  provisions  of  Chapter  two  hun- 
dred twenty-eight  (228)  of  the  General  Laws  of  the  State  of 
Minnesota  for  the  year  1895,  do  hereby  adopt  Chapter  two 
hundred  twenty-eight  (228)  of  the  General  Laws  of  the  State 
oi  Minnesota  for  the  year  1895,  the  same  being  "An  act  to  pro- 
vide for  departments  of  public  works  and  the  making  of  public 
improvements  in  cities  of  over  one  hundred  thousand 
(100,000)  inhabitants,"  and  all  of  the  same;  and  said  City  of 
St.  Paul  does  hereby  adopt  said  act  and  all  the  provisions 
thereof. 

Sec.  2.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  August  1,  A.  D.  1800,  inclusive  of  said  date. 

BOULEVARDS  (STREETS). 
Ordinance  No.  2208. 

(Approved  August  17,  1901.) 

An   Ordinance  to   provide   for  the   care,  and   maintenance   of 
boulevards  and  street  lawns  in  the  City  of  St.  Paul. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain 


41 

101.  Sec.  1.  Not  to  throw  garbage,  etc. — From  and  after 
the  passage,  approval  and  publication  of  this  Ordinance  it 
shall  be  unlawful  for  any  person  to  throw  or  deposit,  or  cause 
to  be  thrown  or  deposited,  any  garbage  or  other  waste  ma- 
terial upon  any  part  of  any  boulevard  or  street  lawn  within 
the  corporate  limits  of  the  City  of  St.  Paul,  and  it  shall  be 
further  unlawful  for  any  person  to  erect  or  maintain  any  booth 
or  structure  of  any  kind  whatever  upon  any  of  the  said  boule- 
vards or  street  lawns,  or  any  other  obstructions  thereon. 

102.  Sec.  2.  Bicycles  forbidden,  etc. — It  shall  be  unlawful, 
from  and  after  the  passage,  approval  and  publication  of  this 
ordinance,  for  any  person  to  cross  or  travel  either  on  foot,  or 
on  a  bicycle,  or  by  any  other  method,  any  of  the  boulevards 
or  street  lawns  within  the  corporate  limits  of  the  City  of  St. 
Paul. 

(See  Ord.  No.  2506,  approved  April  11,  1905,  §  1.) 

103.  Sec.  3.  To  remove  shrubbery. — It  shall  further  be  un- 
lawful, from  and  after  the  passage,  approval  and  publication 
of  this  ordinance,  for  any  person  to  deface,  destroy,  cut  down 
or  remove  any  of  the  trees  or  bushes  now  or  hereafter  grow- 
ing or  being  maintained  in  or  upon  any  boulevard  or  street 
lawn  within  the  corporate  limits  of  the  city  of  St.  Paul,  with- 
out having  first  obtained  the  permission  and  authority  from 
the  Common  Council  of  the  City  of  St.  Paul  so  to  do;  pro- 
vided, however,  that  this  section  shall  not  apply  to  any  act 
done  or  work  performed  under  the  direction  and  authority  of 
the  Commissioner  of  Public  Works. 

104.  Sec.  4.     Penalty. — Any    person    violating    the    terms 
and  provisions  of  this  <  Ordinance  shall,  upon  conviction  there 
of,  be  punished  by  a   fine  in  a   sum  nol   less  than  $1.00  nor 

eding  $25.00,  or  by   imprisonment    in   the    workhouse   of 
the  City  of  St.  Paul  for  a  period  of  nol  less  than  five  days  nor 

more  than  thirty  da\  s. 

5.     This  ordinance  shall  take  effecl   and  be  in 
from  and  after  its  passage,  approval  and  publication. 

105.  An  Ordinance  to  preserve  boulevards.  —  That 
hereafter  il  shall  be  unlawful  for  an)  person  nol  the  ownei  01 
occupant  nf  the  abutting  property,  or  nol   engaged  in  cai 


42 

For  the  same,  to  walk  upon  any  sodded  boulevard  within  the 
City  of  St.  Paul,  or  to  cause  or  permit  any  vehicle  to  be  run 
or  driven  thereon,  or  to  otherwise  injure  or  deface  the  same. 
108.  Any  person  who  shall  violate  any  of  the  provisions  of 
this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  more 
than  $25.00  or  by  imprisonment  for  not  exceeding  ten  days 
for  each  offense. 

This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage,  approval  and  publication. 

(Ordinance  Xo.  2506,  approved  April  11,  1905.) 

BUTCHER  SHOPS  AND  STALLS— BUTCHERS'  MEAT 
—POULTRY  AND  GAME. 

(See,  also,  Licenses.) 

107.  Butcher  shops — License — One  shop  or  one  license — 
Transfer — Pork  packers— Game,  etc.,   raised  by  vendor. — Xo 

person  shall  keep  a  butcher  shop  or  butcher  stall,  to  sell  or 
vend  flesh  or  butcher's  meat  in  less  quantities  than  one-quar- 
ter, within  the  limits  of  the  City  of  St.  Paul,  without  having 
first  obtained  a  license  for  that  purpose,  as  hereinafter  pro- 
vided. Such  license  shall  not  authorize  such  person  or  per- 
son s  to  keep,  under  one  license,  more  than  one  butcher  shop 
or  stall,  or  transfer  the  said  license  without  the  permission  of 
the  common  council ;  provided,  that  this  ordinance  shall  not 
i  construed  as  to  prevent  pork  packers  from  disposing  of 
their  offal  or  trimmings  of  hogs,  nor  to  prevent  any  person 
from  selling  game,  or  disposing  of  any  animal  raised  or  fatted 
by  him. 

COrd.  approved  Oct.  7,  1869,  §  1,  as  amended  by  Ord.  263,  ap- 
proved Jan.  3,  1882,  §  1.) 

108.  License — Price — Form — Must    be    posted. — Any  per- 
son, on  paying  to  the  city  treasurer  the  sum  of  fifty  dollars 

i,  shall  be  entitled  to  a  license  to  keep  a  butcher  shop  or 
stall  at  any  one  certain  place  within  said  city.  Said  license 
shall  be  issued  by  the  city  clerk,  upon  the  presentation  of  the 
treasurer's  receipt  for  the  sum  aforesaid ;  and  both  the  treas- 
urer's receipt  and  the  license  shall  specify  the  place  where  said 
shop  or  stall  is  to  be  kept. 


43 

And  every  person  to  whom  a  license  shall  be  issued  under 
the  provisions  of  this  ordinance  shall  keep  the  same  posted 
up  in  some  conspicuous  place  in  the  butcher  shop  or  stall  at 
which  the  person  named  in  said  license  is  carrying  on  the 
business  provided  for  in  this  ordinance,  and  in  such  portion 
of  such  shop  or  stall,  that  the  same  can  be  readily  seen  by  the 
license  inspector  of  the  City  of  St.  Paul. 

(Ord.  approved  Oct.  7,  1869,  §2,  as  amended  by  Ord.   1736, 
approved  Feb.  23,  1894,  §  1.) 

109.  Penalty  for  violation  of  provisions  of  ordinance  ap- 
proved Oct.  7,  1869. — Any  person  failing  to  take  out  and  pay 
for  said  license  within  the  time  aforesaid,  or  who  shall  violate 
the  terms  or  conditions  of  said  license,  or  who  fails  or  refuses 
to  comply  with  this  ordinance,  shall  be  liable  to  a  fine  of  not 
less  than  twenty  dollars  ($20)  nor  more  than  one  hundred 
dollars  ($100),  to  be  recovered  in  the  municipal  court.  And 
it  shall  be  the  duty  of  the  officer  who  arrests  or  serves  pro- 
cess on  any  person  under  this  act,  to  close  said  butcher  shop 
or  stall  until  said  license  is  paid  as  provided  herein. 

(I  Ird.  approved  Oct.   K,  L869,  §3.) 

110.  Butcher's  meat  and  poultry — Selling  at  retail — Li- 
cense— Selling  at  retail  defined. — No  person  shall  deal  in  or 
sell  at  retail,  fresh  or  butcher's  meat  or  poultry  without  first 
having  obtained  a  license  as  hereinafter  provided  for  thai  pur- 

.  except  in  the  public  market.  The  selling  of  less  than  a 
carc;i  ept  of  beef  and  poultry,  and  of  beef  less  than  a 

quarter,  and  of  poultry  less  than  six  (6)  fowls,  whether  alive 
or  otherwise,  shall  be  deemed  selling  at  retail. 
(Ord.  No.  L799,  Jan.  12,  L895,  §  1,  as  amended  by  Ord.  No.  L853, 
approved    Dec.  5,    1895,  §  !.     Set-    Markets.) 

111.  Butcher's  meat  and   poultry — License;   price;   form — 

Transfer — Penalty — Inconsistent       ordinances       re- 
pealed. 

112.  Any  person  on  paying  to  the  cit)  treasurer  the  sum 
oi  fifty  dollars  ($50.00)  shall  be  entitled  to  a  license  for  one 
year  from  its  date  to  deal  in  or  h  or  butcher1 

and   poultry   at    any  one  certain    plan-   therein    spi     ified    within 

the  said  city.     Sai'l  license  shall  be  issued  by  the  citv  clerk 


II 

upon  the  presentation  of  the  treasurer's  receipt  for  the  sum 
aforesaid,  and  both  the  treasurer's  receipt  and  the  license  shall 
specify  the  place  where  said  fresh  or  butcher's  meat  and 
poultry  are  to  be  dealt  in  or  sold.  No  license  shall  be  trans- 
ferred without  permission  from  the  common  council  first 
being  obtained. 

113.  Any  person  or  persons  guilty  of  the  violation  of  any 
of  the  provisions  of  the  two  foregoing  sections  shall,  upon 
conviction,  be  punished  by  a  fine  of  not  less  than  twenty  dol- 
lars ($20)  nor  more  than  one  hundred  dollars  ($100),  for 
every  such  violation,  or  by  imprisonment  in  the  city  work- 
house not  less  than  ten  (10)  days,  nor  more  than  eighty  (80) 
days. 

All  ordinances,  or  parts  of  ordinances,  in  any  way  con- 
flicting with  this  ordinance  are  hereby  in  all  things  repealed. 

(Id.  §§  2,  3,  4.) 

114.  Sale  of  butcher's  meat  along  street — License — Pen- 
alty.— Xo  person  shall  sell,  vend,  or  dispose  of  any  fresh  or 
butcher's  meat  less  than  one-quarter  in,  upon,  or  along  the 
public  streets,  highways,  alleys,  or  public  grounds  in  the  City 
of  St.  Paul,  without  first  having  obtained  a  license  so  to  do 
from  the  city  clerk,  as  other  licenses  are  procured.  For  which 
license  said  person  or  persons  aforesaid  shall  pay  into  the 
treasury  of  the  city  the  sum  of  fifty  dollars  ($50)  for  one 
year,  always  ending  on  the  first  (1st)  day  of  January  of  each 
year. 

115.  Any  person  or  persons  who  shall  violate  any  of  the 
provisions  of  this  ordinance  shall  forfeit  and  pay  for  each 
offense  not  less  than  ten  dollars  ($10)  nor  more  than  one  hun- 
dred dollars  ($100). 

(Ord.   131,  Nov.  20,  1877,  §§  1,  2.) 

116.  Poultry  and  game — Sale  of — Entrails  to  be  drawn — 
Penalty. — It  shall  not  be  lawful  for  any  butcher,  grocer,  trader, 
farmer,  or  any  other  person  to  offer  for  sale,  expose,  or  vend, 
or  deal  in,  or  have  in  their  possession  for  the  purpose  of  sale, 
at  any  public  market,  store,  shop  or  house,  or  in  the  public 
streets,  of  said  city,  at  any  time,  any  dressed  turkeys,  geese, 
ducks,  chickens,  birds,  or  wild  fowls,  unless  the  entrails  shall 


45 

be  drawn  from  the  same  before  they  are  offered  or  exposed 
for  sale. 

117.  Any  person  who  shall  violate  the  provisions  of  this 
ordinance  shall  be  punished  by  a  fine  not  exceeding  fifty  dol- 
lars ($50)  for  each  offense. 

(Ord.  approved  Oct.    1,   1869,  also  Article  LIU.,  Muni- 
cipal Code  1884,  §§  1,  2.) 

118.  Poultry,  farm  produce,  fish,  etc.,  except  fresh  meats 
less  than  one-quarter — Selling  along  streets  is  peddling — 
License. — Every  person  who  shall  sell  or  offer  for  sale,  barter, 
or  exchange  any  farm  produce,  poultry,  fish,  or  other  go 
wares,  or  merchandise,  excepting  fresh  meats,  weighing  less 
than  one-quarter,  traveling  from  place  to  place,  in,  upon  and 
along  the  streets  of  this  city,  shall  be  deemed  as  a  peddler, 
and  it  shall  not  be  lawful  for  any  such  person  or  persons  to 
exercise  their  calling  without  first  having  obtained  a  license. 
(Ord.   X".  499,  approved  April  21,  1885,  §  1,  as  amended  by 

Ord.   No.   1330,  approved  May  S,    1890,  §1.) 

119.  Penalty  for  violating  provisions  of  Ord.  No.  499 — 
Contravening  ordinances  repealed. — Any  person  who  shall  vio- 
late any  of  the  provisions  of  this  ordinance  shall  upon  con- 
viction thereof  before  any  court  having  jurisdiction,  he  lined 
in  a  sum  not  less  than  ten  dollars  ($10)  nor  more  than  one 
hundred  dollars   ($100). 

All  ordinances  and  parts  of  ordinances  contravening  the 
provisions  of  this  ordinance  are  hereby  repealed. 

(<  >rd.  Xo.  L99,  approved  April  21.  L885,  §§  I,  5.) 

120.  Meats  not  to  be  peddled — Must  be  sold  at  place 
licensed — Penalty. —  No  person,  linn,  or  other  associa- 
tion of  persons,  or  a  corporation  shall  sell  meats  by  peddling 
thi    same  upon  and  along  the  streets,  avenues,  alleys,  or  other 

public  places  in  said  city,  or  from  house  to  house  in  said  city, 
or  otherwise  or  in  any  manner  dispose  ,,f  their  meats,  save 
and  except   at    the  place  designated  in  their  license. 

121.  Any  person  who  shall  violate  an}  of  the  provisions 
of  this  ordinance  shall,  upon  conviction  thereof,  1"    lined  in  a 

sum    not    less   than    ten   dollars    ($10)    nor   more    than   one   hmi- 


I'i 

tlroil  dollars  ($100),  or  by  imprisonment  for  not  less  than 
five  (5)  nor  more  than  eighty  (80)  days. 

(Ord.  No.  1725,  approved  Jan.  5,  1884,  §§5,  6.     See  above, 
§  206,  this  Article.) 

122.  Poultry  and  game,  fruit,  vegetables,  farm  produce, 
etc.,  contained  in  railroad  cars  or  depot — Sale  of — License — 
Penalty — Exceptions — Price  of  license. — Xo  person  shall  sell, 
or  offer  for  sale,  barter,  or  exchange,  any  carload  lot  or  any 
less  quantity  of  fruit,  vegetables,  or  farm  produce,  butter, 
cheese,  eggs,  game  or  poultry,  contained  in  any  railroad  car 
or  in  any  railroad  freight  depot  or  warehouse  within  the  City 
of  St.  Paul  without  first  obtaining  an  annual  license  to  engage 
in  such  business,  under  penalty  of  not  less  than  twenty-five 
dollars  (,«p25)  nor  more  than  one  hundred  dollars  ($100)  for 
each  offense,  provided,  however,  the  provisions  of  this  section 
shall  not  apply  to  any  farmer,  garden,  orchard  or  vineyard, 
nor  to  any  fruit  or  commission  merchant  having  a  storehouse 
and  established  place  of  business  in  this  city. 

123.  Every  person  before  engaging  in  the  business  or  oc- 
cupation mentioned  in  the  preceding  section  shall  pay  to  the 
City  of  St.  Paul  an  annual  license  fee  of  two  hundred  dollars 
($200),  in  the  manner  provided  by  the  ordinances  of  said  city 
concerning  licenses. 

(Ord.  No.  1813,  approved  April  18,  1895,  §§  1,  2.) 

An  Ordinance  regulating  and  licensing  butcher  shops  and 
butcher  stalls,  and  the  sale  of  fresh  or  butchers'  meat  and 
game  and  poultry. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

124.  Sec.  1.  From  and  after  the  passage,  approval  and 
publication  of  this  ordinance  it  shall  be  unlawful  for  any  per- 
son to  deal  in  or  sell  at  retail  at  any  other  place  within  the 
limits  of  the  City  of  St.  Paul  than  the  public  market,  fresh 
or  butchers'  meat,  or  game,  or  poultry,  without  having  first 
obtained  a  license  so  to  do,  as  hereinafter  provided.  Pro- 
vided, however,  that  the  foregoing  shall  not  be  construed  to 
include    pork-packers    in    disposing   of   offal   or   trimmings   of 


47 

liogs,  nor  any  person  selling  game  or  disposing  of  any  ani- 
mals raised  or  fatted  by  him,  or  any  person  selling  fresh  meats 
by  the  carcass,  and  beef  in  quantities  not  less  than  by  the 
quarter. 

125.  Sec.  2.  License — Application  for. — Any  person  de- 
siring a  license  to  engage  in  the  business  of  dealing  in  or  sell- 
ing at  retail  fresh  or  butchers'  meat,  or  game  or  poultry,  as  in 
section  one  hereof  referred  to,  shall  first  make  an  application 
therefor  to  the  Common  Council  of  the  City  of  St.  Paul  by 
filing  with  the  Commissioner  of  Health  of  said  city,  for  presen- 
tation by  him  to  the  Common  Council  an  application  in  writ- 
ing therefor,  which  said  application  shall  set  forth  with  reas- 
onable exactness  the  name  and  place  of  residence  of  the  ap- 
plicant and  the  exact  location  or  place  at  which  the  applicant 
proposes  to  carry  on  his  said  business,  and  shall  further  state 
whether  or  not  he  has  at  any  time  previous  to  the  date  there- 
of been  engaged  in  said  business  of  dealing  in  or  selling  at 
retail  fresh  or  butchers'  meats  or  game  or  poultry  in  the  City 
of  St.  Paul,  and  if  so,  when  and  where;  said  application  shall 
be  signed  by  the  applicant  in  person,  and  when  received  by 
the  Commissioner  of  Health  shall  be  by  him  placed  on  file  and 
the  name  of  the  applicant  shall  be  by  him  registered  in  a  book 
of  registration  to  be  kept  at  the  office  of  the  Commissioner 
of  Health  for  that  purpose. 

126.  Sec.  3.  Filing  of  application  to  authorize  sale. — The 
filing  of  the  application  provided  for  in  the  next  preceding  sec- 
tion  shall  authorize  the  applicant  to  engage  in  dealing  in  or 
selling  at  retail  fresh  or  butchers'  meat,  and  game  or  poultry, 
until  the  Common  Council  of  the  City  of  St.  Paul  takes  action 
thereon  and  either  issues  a  license  to  the  applicant  or  refuses 
so  to  do. 

127.  Sec.  4.  Department  officers  to  inspect.  Any  such 
applicant  shall  permit  the  officers  of  the  I  >epartmen1  of  I  tealth 

of  the    City  of   St.    Paul    to   inspect    and    examine    the    place   of 

business  or  proposed  place  of  business  named  in  his  applica- 
tion, together  with  all  the  appliances  and  instruments  used  or 

to  be  used  therein  in  the  prosecution  of  his  said  business,  and 
any    refusal    upon    the    part    of    SUCh    applicant    to    permit    such 


IS 

inspection  and  examination  shall  be  deemed  a  sufficient 
ground  upon  which  the  Common  Council  may  refuse  to  issue 
the  license  by  him  applied  for. 

128.  Sec.  5.  Inspection. — Upon  the  filing  of  any  applica- 
tion with  the  Commissioner  of  Health,  as  provided  in  section 
two  hereof,  said  Commissioner,  by  himself  or  his  employes, 
shall  proceed  forthwith  and  without  unnecessary  delay  to  in- 
spect the  place  of  business  or  proposed  place  of  business 
named  by  the  applicant  in  his  application  for  a  license  under 
the  terms  hereof,  and  the  said  Commissioner  of  Health  shall 
immediately  thereafter  and  without  undue  or  unnecessary 
delay  present  the  application  in  section  two  hereof  provided 
for.  to  the  Common  Council  of  the  City  of  St.  Paul,  and  shall 
accompany  it  with  a  report  containing  the  results  of  the  ex- 
amination and  inspection  hereinbefore  required,  and  the  Com- 
mon Council  shall  thereupon,  after  proper  investigation, 
whether  from  a  consideration  of  such  report  or  from  other 
sources,  adjudge  and  determine  such  applicants  as  may  be 
entitled  to  obtain  a  license  to  deal  in  or  to  sell  at  retail  fresh 
or  butchers'  meat,  game  or  poultry,  within  the  corporate  limits 
or  the  City  of  St.  Paul,  and  shall  thereupon,  by  resolution, 
grant  the  licenses  applied  for  to  such  applicants  as  may  be,  in 
the  opinion  of  the  Common  Council,  entitled  thereto  under  the 
terms  aiul  provisions  of  this  ordinance,  conditionally,  however, 
upon  the  payment  by  such  applicant  and  grantee  into  the  City 
Treasury  of  the  City  of  St.  Paul  of  the  sum  of  fifty  dollars 
($50),  which  said  sum  of  fifty  dollars  is  the  annual  license  fee 
named  in  and  to  be  exacted  under  the  terms  hereof 

129.  Sec.  6.  It  shall  thereupon  be  tb°  duty  of  the  City 
Clerk,  upon  the  presentation  to  him  by  any  person  to  whom 
such  a  conditional  grant  of  a  license  to  deal  in  or  sell  at  retail 
fresh  or  butchers'  meat,  game  or  poultry,  has  been  made  by 
the  Common  Council,  as  hereinbefore  provided,  of  the  City 
Treasurer's  receipt  for  the  sum  of  fifty  dollars  above  men- 
tioned as  having  been  by  such  person  paid  into  the  treasury 
of  the  City  of  St.  Paul,  to  issue  a  license  to  such  person,  of 
even  date  with  the  approval  of  the  resolution  by  which  said 
license  was  granted,  entitling  him  to  deal  in  or  sell  at  retail 


-1!> 

fresh  or  butchers'  meat,  game  or  poultry,  at  the  place  named 
ift  his  application  therefor  referred  to  in  section  two  hereof 
and  for  a  period  of  one  year  from  the  date  thereof. 

130.  Sec.  ?'.  Any  person  violating  any  of  the  provisions  of 
this  ordinance  shall,  upon  conviction  thereof,  be  punished  by 
a  fine  of  not  less  than  twenty-five  dollars  ($25),  nor  more  than 
one  hundred  dollars  ($100),  or  by  imprisonment  for  not  less 
than  twenty  (20)  days  nor  more  than  ninety  (90)  days. 

Sec.  8.  All  ordinances  and  parts  of  ordinances  in  any 
way  in  conflict  with  the  terms  and  provisions  of  this  ordinance 
are  hereby  in  all  things  repealed. 

Sec.  9.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

(Ordinance  No.  2159,  approved  Dec.  21,  1900.) 

CANADA  THISTLES  AND  BURDOCKS. 

131.  Must  not  be  permitted  to  grow  or  remain,  or  seed 
ripen,  within  certain  limits. — That  hereafter  it  shall  be  unlaw- 
ful for  the  owner,  occupant,  or  person  in  control  of  any  lot 
or  parcel  of  land  within  the  limits  of  the  City  of  St.  Paul. 
Minn.,  to  permit  to  grow  or  remain  thereon  within  ten  (10) 
feet  of  any  public  street,  alley,  sidewalk,  or  so  near  thereto 
as  to  interfere  with  or  annoy  public  travel  thereon,  any  bur- 
dock or  Canada  thistles  (so-called),  or  to  permit  the  same  to 
grow  or  the  seed   to  ripen  thereon. 

(Orel.  No.  1027,  approved  Oct.  13,  L892,  §  1.) 

132.  Must  not  be  permitted  to  grow  or  remain,  or  seed  to 
ripen,  on  any  lot  or  land  in  city  limits. — Thai  hereafter  il  shall 
be  unlawful  for  the  owner,  occupant,  or  person  in  control  of 

any  lot,  piece  or  parcel  of  land  within  the  limits  of  said  city 
to  suffer  or  permit  to  grow  or  remain  thereon  any  burdock  or 
Canada  thistles  (so-called),  or  to  permit  the  same  to  remain 
thereon  in  any  manner  so  the  seed   thereon  shall   ripen. 

(Id.   § 

133.  Penalties. — An\  one  who  violates  any  of  the  pro- 
visions of  this  ordinance  shall,  upon  conviction,  be  subjeel  to 
a  fine  of  not  less  than  five  dollars  ($5)  nor  more  than  twenty- 


50 

five  dollars  ($25),  and  any  owner,  occupant,  or  person  in  con- 
trol of  any  lot  or  parcel  of  land  who  shall  fail  or  neglect  to  re- 

e  from  his  land  all  burdocks  and  Canada  thistles  within 
five   (5)  days  after  notice  from  the  health  commissioner  so  to 

shall  be  subject  to  a  fine  of  not  less  than  ten  dollars  ($10) 
nor  more  than  fifty  dollars   ($50)  for  each  offense. 


CARBOLIC  ACID. 
Ordinance  No.  2471. 

(Approved  Sept.  23.  1904.) 

An  Ordinance  relating  to  the  sale  of  carbolic  acid  in  the  City 
of  St.  Paul. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

134.  Sec.  1.  Unlawful  to  sell. — It  shall  be  unlawful  for 
any  apothecary,  druggist  or  pharmacist,  or  any  employe  there- 
of or  any  other  person  whatever,  to  sell,  barter,  exchange,  give 
away,  dispose  of  or  deliver  to  any  person  within  the  limits  of 
the  City  of  St.  Paul,  any  carbolic  acid  or  any  extract  or 
product  thereof,  or  any  preparation  or  compound  of  which  it 
i-  an  element  or  ingredient,  containing  more  than  five  per  cent 
of  carbolic  acid,  except  upon  the  written  prescription  or  order 
of  a  duly  licensed  physician,  as  provided  in  this  ordinance,  and 
except  upon  the  day  or  date  of  said  prescription  or  order, 
and  there  shall  be  for  each  such  sale,  barter,  exchange,  gift, 
disposition  or  delivery,  a  special  and  distinct  order  or  pre- 
scription in  each  and  every  instance. 

135.  Sec.  2.  Requirements  of  Prescription. — The  pre- 
scription or  order  must  have  the  date  thereon  of  the  day  on 
which  it  is  made  and  be  signed  by  the  physician,  who  must 
be  a  graduate  in  medicine,  and  as  such  have  a  diploma  from 
a  legally  constituted  or  chartered  medical  college  or  medical 
institution,  and  it  must  contain  the  name  and  residence  of  the 
patient  for  whom  it  is  intended,  and  the  number  and  street 
or  place  of  the  physician's  office  or  residence. 


51 

136.  Sec.  3.  Open  for  inspection. — Said  prescriptions 
and  orders  shall  be  open  for  the  inspection  by  the  coroner,. 
count}r  attorney,  assistant  county  attorney,  corporation  attor- 
ney, assistant  corporation  attorney,  chief  of  police,  or  any 
regular  police  officer  of  this  city.  Said  prescriptions  and  or- 
ders shall  be  kept  and  preserved  for  three  years  after  receiving 
the  same.  It  shall  be  unlawful  for  any  person  to  refuse  or 
prevent  in  any  manner,  or  by  any  means,  the  inspection  of 
said  prescriptions  or  said  orders,  or  any  thereof,  by  any  of 
said  officers,  or  for  any  of  the  persons  mentioned  in  section 
one  (1)  of  this  ordinance  to  fail  or  neglect  to  keep  or  preserve 
said  prescriptions  or  orders,  or  any  of  them,  as  provided 
herein. 

137.  Sec.  4.  False  prescriptions. — It  shall  be  unlawful  For 
any  person  to  present  any  false  or  forged  or  untrue  or  fic- 
titious prescription  or  order  for  any  carbolic  acid,  or  any  ex- 
tract or  product  thereof,  or  any  preparation  or  compound  of 
which  it  is  an  element  or  ingredient,  or  to  obtain  the  same  by 
means  thereof,  or  to  give  any  false  or  fictitious  name,  or  to 
give  or  make  any  false  statement,  or  any  false  representation 
to  obtain  or  in  obtaining  the  same. 

138.  Sec.  5.  Unlawful  acts  of  Physician. —  It  shall  he 
unlawful  for  any  physician  to  put  a  wrong  or  talse  dale  on 
any  order  or  prescription  for  any  carbolic  acid,  or  any  extract 
or  product  thereof,  or  any  preparation  or  compound,  of  which 
it  is  an  elemenl  or  ingredient,  or  to  willfully  give  any  Mich 
order  or  prescription  containing  an\  false  statement  or  repre- 
sentation of  any  fact  or  matte]-  therein,  or  to  give  any  such 
order  or  prescription  for  a  dose  or  quantity  greater  than  usual 
or  necessary  for  bona  tide  purposes  to  cure  or  prevenl   aick- 

i  >r  disease. 

139.  Sec.  6.  Not  apply  to  crude  form. — The  foregoing 
sections  shall  not  apply  to  the  sale  of  crude  carbolic  .nid  in 
quantities  exceeding  one  gallon,  or  to  the  ale  of  ;i  solution  or 
mixture  containing  equal  portions  of  carbolic  acid,  glycerine 
and  alcohol,  nor  to  the  commerce  or  the  trade  to  or  between 
wholesale  druggists,  apothecaries  or  pharmacists,  or  sales  or 


52 

gifts  to  public  institutions,  charitable  institutions  or  hospitals 
for  medical  use  therein. 

140.  Sec.  7.  Penalty. — Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall  be  subject  to  a  penalty  of 
not  less  than  ten  dollars  ($10)  nor  more  than  one  hundred 
dollars  ($100)  or  imprisonment  for  not  more  than  thirty  days 
for  each  offense. 

Sec.    8.     This    ordinance    shall    be    in    force    and    effect 
from  and  after  its  passage,  approval  and  publication. 

CATTLE. 

Ordinance  No.  2510. 

(Approved  April  24,  1905.) 

An  Ordinance  prohibiting  the  herding  and  driving  of  cattle, 
sheep  and  swine  on  boulevarded  streets  within  the  City 
of  St.  Paul. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain 

as  follows : 

141.  Sec.  1.  It  is  hereby  declared  to  be  unlawful  and  a 
misdemeanor  for  any  person  or  persons  to  permit,  suffer  or 
allow  any  cattle,  sheep  or  swine  to  be  herded  or  driven  upon 
or  along  any  street  on  which  boulevards  are  maintained  in 
the  City  of  St.  Paul. 

142.  Sec.  2.  Penalty. — Any  person  who,  being  the  owner 
or  having  the  custody  of  any  cattle,  sheep  or  swine,  and  who 
shall  suffer  or  permit  the  same  to  be  herded  or  driven  upon  of 
along  any  street  described  in  section  1  hereof,  shall,  upon 
conviction  thereof  before  the  Municipal  Court,  be  punished 
by  a  fine  of  not  less  than  five  dollars  nor  more  than  one  hun- 
dred dollars,  or  by  imprisonment  in  the  City  Workhouse  for 
not  less  than  five  days  nor  more  than  ninety  days. 

143.  Sec.  3.  Exemptions. — Provided  that  the  provisions  of 
this  ordinance  shall  not  apply  to  the  carrying  or  conveyance 
of  any  of  the  animals  hereinbefore  mentioned,  securely  loaded 
in  wagons  or  other  vehicles. 

Sec.  4.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 


53 

CATTLE,    HORSES,    ETC.,   IMPOUNDING,    ETC. 

144.  Mayor  to  detail  policemen  or  other  persons  to  enforce 
law. — The  Mayor  of  the  City  of  St.  Paul  shall,  from  time  to 
time,  detail  one  or  more  policemen,  or  some  other  and  suitable 
person  or  persons,  who  shall  be  vested  with  the  usual  powers 
and  authority  of  police  officers  of  said  city,  and  the  policemen 
or  persons  so  detailed  shall  perform  and  discharge  all  the 
duties  required  and  enjoined  of  and  upon  them  by  this  ordi- 
nance, or  which  may  hereafter  be  required  of  them  by  the 
Common  Council. 

(Ord.  No.  419,  approved  July  1,  1884,  §  1.) 

145.  Description  of  pound  limits — Penalties,  etc. — Xo 
horse,  mule,  goat,  sheep,  swine,  poultry,  chickens,  geese  or  any 
cattle  shall  be  permitted  to  run  at  large  at  any  time,  or  to 
graze  or  be  pastured  upon  any  of  the  uninclosed  lands  within 
the  following  described  limits:  Commencing  at  a  point 
where  a  line  extended  southerly  from  the  south  end  of  Earl 
street  would  intersect  with  the  Mississippi  river ;  thence 
northerly  along  said  extended  line  and  Earl  street  to  Burns 
avenue;  thence  westerly  along  Burns  avenue  to  Mound  street  ; 
thence  northerly  along  Mound  street  to  Hastings  avenue; 
thence  easterly  along  Hastings  avenue  to  Maple  street;  thence 
northwesterly  along  Maple  street  to  Greenbrier  avenue; 
thence  north  along  Greenbrier  avenue  to  a  point  where  Whit- 
all  street,  if  extended  eastward,  would  intersect  said  Green 
brier  avenue;  thence  westward  along  said  extended  line  of 
Whitall   street,  and    Whitall   street,  and   along  a   line  extended 

from    Whitall   street    westwardly   to    the    easl     terminus   of 
Granite  street;  thence  westerly  along  Granite  streel  to  Courl 
land  avenue;  thence  south  along  Courtland  avenue  i"  Syca 
more-street;  thence  west  along  Sycamore  street  to  Rice  street  ; 

ll  euee  north  along    Rice  street    to   At  water  street  ;  thence   west 

along  Atwater  street  to  Gaultier  street;  thence  north  along 
Gaultier  streel  to  Burgess  street;  thence  wesl  along  Burgess 
streel  to  hale  street;  thence  south  along  Dale  streel  to  Mar- 
shall avenue;  thence  along  Marshall  avenue  to  Lexington 
avenue;  thence  south  along  Lexington  avenue  to  St.  Claii 
street;  thence  east  along  St.  Clair  street   to  Western  avenue; 


54 

thence  southerly  along  Western  avenue  to  its  intersection  with 
the  Mississippi  river;  thence  along  down  the  Mississippi  river 
as  it  winds  and  turns  to  the  place  of  beginning ;  and  all  of  the 
Sixth  ward  of  the  City  of  St.  Paul. 

(Ord.  No.  419,  approved  July  1,  1884,  §  2,  as  amended  by  Ord. 
No.  451,  approved  Oct.  11,  1884,  §  1,  and  by  Ord.  No. 
749,  approved  Jan.  18,  1887,  §  1,  and  by  Ord.  No. 
786,  approved  June  21,  1887,  §  1.) 

146.  And  all  of  the  Seventh  ward  of  said  city  lying  north 
of  St.  Clair  street  extended  in  a  direct  line  west  of  the  Mis- 
sissippi river  and  west  of  Lexington  avenue  from  St.  Clair 
street  extending  north  to  the  city  limits. 

(Ord.  No.  419,  approved  July  1,  1884,  §  2,  as  amended  by 
Ord.  No.  486,  approved  March  31,  1885,  §  1.) 

147.  Also  beginning  at  the  intersection  of  Summit  avenue 
and  Hamline  avenue ;  thence  running  south  on  Hamline  ave- 
nue to  Goodrich  avenue ;  thence  east  on  Goodrich  avenue  to 
the  right  of  way  of  the  C,  M.  &  St.  P.  track;  thence  north- 
westerly along  said  right  of  way  to  Summit  avenue;  thence 
west  along  Summit  avenue  to  place  of  beginning. 

(Ord.   No.   419,   approved   July   1,   1884,   §  2,    as   amended   by 
Ord.  No.  1829,  approved  Aug.  15.  1895.  §  1.) 

148.  Commencing  at  a  point  on  the  Duluth  railroad  where 
the  present  pound  limits  now  crosses  said  road;  thence  east- 
erly along  the  line  of  the  Duluth  railroad  and  Stillwater  ave- 
nue to  Tracy  avenue ;  thence  due  south  to  the  intersection  of 
Fauquier  street ;  thence  westerly  along  Fauquier  street  to 
Duluth  avenue ;  thence  southerly  on  Duluth  avenue  to  Mar- 
garet street ;  thence  westerly  on  Margaret  street  to  Cypress 
street ;  thence  southerly  on  Cypress  street  to  the  intersection 
ot  the  present  pound  limits ;  thence  along  the  same  to  the 
place  of  beginning. 

(Ord.   No.  419,   approved  July   1,   1884,   §  2,   as   amended  by 
Ord.  No.  786.  approved  June  7.  1887,  §  1.) 

149.  Commencing  at  a  point  where  the  center  line  of  Ed- 
gerton  street  if  produced  south  would  intersect  the  center 
line  of  the  St.  Paul  &  Duluth  Railroad  Company;  thence  east- 
erly along  the  center  line  of  said  last  mentioned  road  to  Earl 


55 

street;  thence  northerly  along  the  center  line  of  Earl  street 
to  Maryland  street;  thence  westerly  along  the  center  line  of 
Maryland  street  from  Earl  street  to  Arcade  street;  thence 
northerly  along  the  center  line  of  Arcade  street  from  Mary- 
land street  to  Ivy  street ;  thence  westerly  along  the  center  line 
of  Ivy  street  from  the  center  of  Arcade  street  to  Edgerton 
street;  thence  southerly  along  the  center  line  of  Edgerton 
street  from  Ivy  street  to  the  place  of  beginning. 
(Ord.  No.  419,  approved  July  1,  1884,  §  2,  as  amended  by  Ord. 
No.  884,  approved  Feb.  7,  1888,  §  1.) 

150.  Commencing  at  the  point  where  Edgerton  street,  in 
said  city,  intersects  Minnehaha  street,  and  running  thence 
north  on  the  center  line  of  Edgerton  street  to  the  center  line 
of  Brainerd  avenue  ;  thence  west  on  the  center  line  of  Brain- 
erd  avenue  to  the  center  line  of  Mississippi  street ;  thence  in  a 
southerly  direction  of  the  center  line  of  Mississippi  street  to 
its  intersection  with  the  center  line  of  Minnehaha  street ; 
thence  east  on  the  center  line  of  Minnehaha  street  to  its  inter- 
section with  Edgerton  street. 

(Ord.  No.  419,  approved  July  1,  1884,  §  2,  as  amended  by 
Ord.  No.  1114,  approved  April  2,  1889,  §  1.) 

151.  All  that  portion  of  the  City  of  St.  Paul  lying  west  of 
the  Eighth  ward  therein  and  north  of  the  center  line  of  Uni- 
versity avenue,  being  all  that  part  and  portion  of  said  City  of 
St.  Paul  now  included  within  what  is  known  and  called  the 
Tenth  ward  of  the  City  of  St.  Paul,  as  now  fixed  and  estab 
lished  by  an  act  of  the  legislature  of  the  State  of  Minnesota, 
approved  Feb.  16,  1887. 

(Ord.  No.  419,  approved  July  1,  1884,  §  2,  as  amended  by  (  >rd. 
No.  941,  approved  May  15,  1888,  §  1.) 

152.  Commencing  at  the  intersection  of  the  north  lino  of 
Burns  avenue  and  the  east  line  of  English  streel  :  thence  south 
fifteen  hundred  (1,500)  feet;  thence  west  to  where  the  center 
line  of  Earl  street,  if  produced  south,  would  intersect  said  line  : 
thence  north  to  the  north  line  of  Burns  avenue;  thence  east 
to  the  place  of  beginning. 

(Ord.  No.  419,  approved  July  1,  1884,  §  2,  as  amended  by  <  >rd. 
No.  1007,  approved  Aug.  21.   1888,  §1.) 


56 

153.  Commencing  at  the  intersection  of  Tracy  avenue  and 
East  Seventh  street,  in  said  city,  and  running  thence- east  on 
the  center  line  of  East  Seventh  street  in  an  intersection  with 
the  center  line  of  White  Bear  avenue  :  and  running  thence 
north  on  the  center  line  of  White  Hear  avenue  to  the  southern 
line  of  the  right  of  way  of  the  Chicago,  St.  Paul,  Minneapolis 
&  Omaha  Railway  Company;  and  thence  westerly  following 
the  southern  line  of  said  right  of  way  to  its  intersection  of 
said  Tracy  avenue  ;  and  thence  south  on  the  center  line  of  said 
avenue  to  the  place  of  beginning. 

I  »rd.  Xo.  419,  approved  July  1,  1884,  §  2,  as  amended  by  Ord. 
Xo.  1138,  approved  May  21,  1889,  §  1.) 

154.  Commencing  at  a  point  where  St.  Clair  street,  if  ex- 
tended east,  would  intersect  the  Mississippi  river,  and  from 
thence  running  west  on  the  line  of  St.  Clair  street  to  Lexing- 
ton avenue ;  from  thence  south  on  Lexington  avenue  to  Pleas- 
ant; thence  southwesterly  on  Pleasant  avenue  to  Albion  ave- 
nue ;  thence  southerly  on  Albion  avenue  to  Stewart  avenue ; 
thence  easterly  on  Stewart  avenue  to  Tuscarora  avenue,  and 
thence  east  on  Tuscarora  avenue,  if  extended  east,  to  Mis- 
sissippi river:  thence  northeasterly  along  the  Mississippi  river 
to  the  place  of  beginning. 

(Ord.  Xo.  419,  approved  July  1,  1884,  §  2,  as  amended  by  Ord. 
No.  1172,  approved  July  2,  1889,  §  1.) 

155.  Commencing  at  the  intersection  of  White  Bear  ave- 
nue and  East  Seventh  street,  in  said  city,  and  running  thence 
east  on  the  center  line  of  East  Seventh  street  to  the  easterly 
line  of  the  City  of  St.  Paul,  at  the  intersection  of  said  East 
Seventh  street  and  the  east  line  of  section  twenty-six  (26),  in 
town  twenty-nine  (29),  range  twenty-two  (22),  in  the  City 
of  St.  Paul,  in  Ramsey  County,  Minnesota  ;  thence  north  along 
the  east  line  of  said  section  twenty-six  (26),  to  the  southeast 
corner  of  section  twenty-three  (23),  in  said  township  and 
range;  and  thence  north  along  the  east  line  of  said  section 
twenty-three  (23)  to  the  northeast  corner  thereof;  thence 
west  along  the  north  line  of  said  section  twenty-three  (23)  to 
the  northeast  corner  of  section  twenty-two  (22),  in  said  town- 
ship and  range ;  thence  west  along  the  north  line  of  said  sec- 


57 

tion  twenty-two  (22)  to  the  intersection  of  the  St.  Paul  & 
Duluth  Railroad  right  of  way ;  thence  southwesterly  along  the 
easterly  line  of  the  right  of  way  of  said  railroad  to  the  inter- 
section of  Atlantic  street  in  said  city ;  thence  south  along  the 
center  line  of  Atlantic  street  to  the  intersection  of  the  south 
line  of  the  right  of  way  of  the  Chicago,  St.  Paul,  Minneapolis 
&  ( )maha  Railway  Company  in  said  city  ;  thence  easterly 
along  the  said  southerly  line  of  said  right  of  way  to  the  inter- 
section 01  White  Bear  avenue  in  said  city  ;  thence  south  along 
the  center  line  of  said  White  Bear  avenue  to  the  place  of  be- 
ginning. 

(Ord.  No.  419,  approved  July  1,  1884,  §  2,  as  amended  by  Ord. 
Xo.  1308,  approved  March  18,  1890,  §  1.) 

156.  All  that  portion  of  the  Ninth  ward  of  the  City  of  St. 
Paul  lying  south  of  Maryland  street  and  not  now  included 
within  the  territory  embraced  in  said  section  two  (2)  [of  Ord. 
419.] 

((  )rd.  Xo.  419,  approved  July  1,  1884,  §  2,  as  amended  by  Ord. 
Xo.   1336,  approved  May  20,  1890,  §1.) 

157.  All  that  portion  of  the  City  of  St.  Paul  lying  south  of 
Front  street,  east  of  Dale  street,  west  of  Western  avenue, 
and  north  of  the  right  of  way  of  the  Great  Northern  Railway 
Company. 

(Ord.  No.  U9,  approved  July  1,  L884,  §2,  as  amended  by  Ord. 
No.  L369,  approved  July  i.  L890,  §  1.) 

158.  All  the  Second  ward  of  said  city,  bounded  as  follows: 
Commencing  at  the  intersection  of  the  easterly  boundary 
pound  limits  in  said  ward  and  Fauquier  streel  ;  thence  east  mi 
Fauquier  streel  to  English  street;  thence  south  on  English 
streel  to  Burns  avenue;  thence  wesl  on   Burns  avenui    to  he 

■  streel  :  thence  south  on  Reserve  streel  to  the  intersection 
of  the  right  of  way  of  the  Chicago,  Burlington  &  Northern 
Railway  Company;  thence  northerl)   and  along  said  righl  of 

way    to   an    intersection    with    the    said    easterl)     pound    limits  ; 

'hence  along  the  eastern  boundary  of  said  pound  limn  to  the 
place  i  »f  beginning. 

(Ord.  Xo.  H9,  July  I.  L884,  §  2,  as  amended  b)  Ord.  No.  I 
approved    Vug.  5,  L890, 


58 

159.  That  part  of  the  City  of  St.  Paul  bounded  as  follows: 
On  the  north  by  the  right  of  way  of  the  Northern  Pacific  Rail- 
road Company,  on  the  east  by  Rice  street,  on  the  west  by 
Western  avenue  and  on  the  south  by  Atwater  street. 

(( )rd.  No.   110,  approved  July  1.  1884,  §  2,  as  amended  by  Ord. 
Xo.  1405,  approved  Sept.  2,  1890,  §  1.) 

160.  That  part  of  the  City  of  St.  Paul  bounded  as  follows : 
On  the  east  by  Lexington  avenue ;  on  the  south  by  University 
avenue :  on  the  west  by  the  right  of  way  of  the  Minnesota 
Transfer  Company,  and  on  the  north  by  the  right  of  way  of 
the  St.  Paul,  Minneapolis  &  Manitoba  Railway  Company. 
(Ord.  Xo.  419,  approved  July  1,  1884,  §  2,  as  amended  by  Ord. 

Xo.  1413,  approved  Sept.  16,  1890,  §  1.) 

161.  Commencing  at  the  intersection  of  Snelling  avenue 
and  University  avenue,  in  said  city ;  thence  running  along 
University  avenue  to  Prior  avenue ;  thence  on  Prior  avenue  to 
St.  Anthony  avenue ;  thence  on  St.  Anthony  avenue  to  Cleve- 
land avenue ;  thence  on  Cleveland  avenue  to  Dayton  avenue  ; 
thence  on  Dayton  avenue  to  Snelling  avenue  ;  thence  on  Snell- 
ing avenue  to  University  avenue,  to  place  of  beginning. 
(Ord.  No.  419,-  approved  July  1,  1884,  §  2,  as  amended  by  Ord. 

No.  1529,  approved  Aug.  25,  1891,  §  1.) 

162.  The  west  half  of  the  southeast  quarter  of  section  two 
(2),  the  southwest  quarter  of  section  two  (2),  and  all  that 
portion  of  the  southeast  quarter  of  section  three  (3),  and  all 
that  portion  of  sections  eleven  (11 )  and  fourteen  (14),  all  in 
township  twenty-eight  (28),  range  twenty-two  (22),  in  Ram- 
sey County,  Minnesota,  lying  easterly  of  the  tracks  and  of  the 
right  of  way  of  the  Chicago,  Burlington  &  Xorthern  Railroad 
Company. 

(Ord.  Xo.  419,  approved  July  1,  1884,  §  2,  as  amended  by  Ord. 
Xo.  1530,  approved  Aug.  25.  1891,  §1.) 

163.  On  the  south  by  St.  Clair  street,  on  the  east  by  Fair- 
view  avenue,  on  the  north  by  St.  Anthony  avenue,  and  on  the 
west  by  the  limits  of  the  City  of  St.  Paul. 

(As  amended  by  Ord.  No.  2193,  approved  June  20,  1901.) 


59 

164.  All  that  portion  of  the  City  of  St.  Paul  embraced 
within  the  boundaries  of  Cleveland  avenue,  from  Summit  ave- 
nue to  West  Seventh  street. 

(As  amended  by  Ord.  No.  1989,  approved  July  9,  1898.) 

165.  All  that  portion  of  the  City  of  St.  Paul  embraced  with- 
in the  boundaries  of  Minnehaha  street.  Dale  street,  Marshall 
avenue  and  Lexington  avenue. 

(As  amended  by  Ord.  No.  2062,  approved  July  10,  1899.) 

166.  All  that  portion  of  the  said  City  of  St.  Paul  bounded 
on  the  north  by  Summit  avenue,  on  the  east  by  Snelling  ave- 
nue, and  on  the  south  by  St.  Clair  street  and  on  the  west  by 
Fairview  avenue. 

(As  amended  by  Ord.  No.  1981,  approved  May  80,  1898.) 

167.  It  is  hereby  declared  to  be  unlawful  for  any  person 
to  herd  or  cause  or  permit  to  be  herded  any  cattle  or  other 
animals  along  the  line  of  Como  avenue  in  the  City  of  St.  Paul, 
between  Dale  street  and  the  driveway  and  boulevard  around 
Lake  Como,  called  the  Lake  Como  Boulevard. 

(Ord.  No.  1936,  approved  June  5,   L897.) 

163.  Any  person  violating  any  of  the  provisions  of  this  or- 

dinance shall  be  punished  by  a  line  of  not  less  than  ten  dol- 
lars ($10)  nor  more  than  fifty  dollars  ($50)  or  by  imprison- 
ment in  the  St.  Paul  Workhouse  for  not  less  than  ten  days 
nor  more  than  sixty  days. 

(Ord.  No.  1936,  approved  June  5,   L897.) 

169.  It  is  hereby  declared  unlawful  and  a  misdemeanor  for 

any  person  or  persons  to  permit,  suffer,  or  allow  any  cattle 
whatever  to  graze  or  be  herded  at  or  upon  any  point,  place, 
or  piece  of  land  situate  and  being  within  the  following  de 
scribed  limits,  to-wit:  Commencing  al  the  intersection  of 
ington  avenue  with  Summil  avenue:  thence  west  along 
Summit  avenue  to  Cleveland  avenue;  thence  north  along 
Cleveland  avenue  to  University  avenue:  thence  along  Univer- 
sity avenue  eastwardly  to  Prior  avenue;  thence  north  along 
Prior  avenue  to  south  line  of  righl  of  wav  of  the  St.  Paul, 
Minneapolis  &  Manitoba  Railwaj  Company;  thence  easl 
along  the  southerly  line  of  said  railway  compan}  to  the  ci 


60 

ing  of  Lexington  avenue;  thence  south  along  the  line  of 
Lexington  avenue   to  place  of  beginning. 

Beginning  at  the  intersection  of  University  avenue  and 
Dale  street ;  thence  south  on  Dale  street  to  the  intersection  of 
Pale  street  to  the  intersection  of  Marshall  avenue;  thence 
vest  on  Marshall  avenue  to  the  intersection  of  Marshall  ave- 
nue and  Lexington  avenue;  thence  north  on  Lexington  avenue 
to  University  avenue ;  and  thence  east  on  University  avenue 
to  the  place  of  beginning. 

(As  amended  by  Ord.  No.  2309,  approved  Sept.  20,  1902.) 

170.  All  that  portion  of  the  said  City  of  St.  Paul  bounded 
on  the  east  by  Earl  street,  on  the  south  by  Maryland  street, 
on  the  north  by  Phalen  Park,  and  on  the  west  by  Greenbrier 
avenue. 

(As  amended  by  Ord.  No.  2509,  approved  April  11,  1905). 

171.  Any  person  or  persons  proven  guilty  of  violating  the 
provisions  of  the  above  and  foregoing  section  before  any  court 
having  jurisdiction  thereof  shall  be  fined  by  said  court  in  a 
sum  not  less  than  ten  dollars  ($10)  nor  more  than  one  hun- 
dred dollars  ($100). 

(Ord.  No.  419,  approved  July  1,  1884,  as  amended  by  Ord.  No. 
848,  approved  Oct.  18,  1887,  §  1.) 

1?2.  No  person  shall  herd,  drive,  pasture  or  permit  to  run 
at  large  any  cattle,  horses,  mules,  sheep  or  swine  at  any  time 
within  the  following  described  limits :  North  of  Central  ave- 
nue, south  of  Como  avenue,  west  of  Jackson  street,  and  east 
of  Park  avenue. 

(Ord.  No.  813,  approved  Aug.  2,  1887,  §§  1,  2.) 

173.  That  any  person  who,  being  the  owner  or  having  the 
custody  of  any  cattle,  horse,  mule,  sheep  or  swine,  and  who 
shall  permit  the  same  to  herd,  to  be  driven,  pastured  or  to  run 
at  large  within  the  limits  above  described  in  section  one  (1) 
of  this  ordinance,  shall,  on  conviction  before  the  municipal 
court,  be  punished  by  a  fine,  not  exceeding  fifty  dollars  ($50). 

(Ord.  No.  813.  approved  Aug.  2,  1887,  §§  1,  2.) 

174.  No  person  shall  herd,  drive,  pasture,  or  permit  to  run 
at  large  any  cattle,  horses,  mules,  sheep  or  swine  at  any  time 


61 

within  the  following-  described  limits  in  the  City  of  St.  Paul, 
Minn. : 

Commencing  at  a  point  where  Lexington  avenue  inter- 
sects the  tracks  of  the  Great  Northern  Railway  Company; 
thence  north  along  said  Lexington  avenue  to  the  tracks  of 
the  Northern  Pacific  Railway  Company;  thence  easterly  along 
said  Northern  Pacific  Railway  Company  to  Como  avenue ; 
thence  southeasterly  along  said  Como  avenue  until  it  inter- 
sects the  tracks  of  the  Great  Northern  Railway  Company ; 
thence  westerly  along  said  last  mentioned  tracks  to  place  of 
beginning. 

The  pound  limits  in  said  City  of  St.  Paul  are  hereby  ex- 
tended to  include  the  above  tracts  of  land,  and  any  person 
being  the  owner  or  having  the  custody  of  any  cattle,  horse, 
mule,  sheep,  or  swine,  and  who  shall  permit  the  same  to  herd, 
to  be  driven,  pastured,  or  to  run  at  large  within  the  limits 
above  described  in  section  one  (1)  of  this  ordinance,  shad,  on 
conviction  before  the  municipal  court,  be  punished  by  a  fine 
not  less  than  five  dollars  ($5),  nor  exceeding  fifty  dollars 
($50). 

(Ord.  No.  1646,  approved  Nov.  "is.  L892,  §§  I.  2.) 

175.  No  person  or  persons  owning  or  having  in  charge  or 
custody  any  cattle,  horses,  sheep  or  swine,  or  any  animal  of 
the  cattle  or  horse  kind,  shall  permit  or  allow  any  of  said 
animals  to  run  at  large  or  to  pasture  or  graze,  under  that 
portion  of  the  Sixth  ward  of  the  City  of  St.  Paul  described  as 
follows,  tO-wil  :  Commencing  at  a  point  where  the  center  line 
of  Smith  avenue  intersects  the  center  line  of  Annapolis  streel  : 
running  thence  northerly  on  the  center  line  of  Smith  avenue 
to  the  point  where  said  line  intersects  the  center  line  ol  Chero- 
kee avenue;  running  thence   westerly   and  southerly    along  the 

center  line  of  Cherokee  avenue  to  the  poinl  where  said  line 
intersects  the  center  line  of  Baker  street:  running  thence 
westerrj  along  the  center  line  of  Baker  streel  to  the  city  limits; 
running  thence  30utherl)  along  the  westerl)  line  ol  the  city 
to  the  renter  line  of   Annapolis  street  ;  running  tin  terl) 

along  the  'enter  line  of    Annapolis  streel   to  the  place  ol   be 
ginning;  provided,  thai  this  ordinance  shall  nol  applj   to  per- 
sons permitting  any  of  said  animals  to  grazi    upon  property 


62 

owned,  leased,  or  controlled  by  said  persons  if  said  animals  are 
kept  within  the  boundaries  of  said  property. 

No  person  or  persons  having  the  charge,  care,  custody, 
or  control  of  any  of  the  animals  mentioned  in  section  one  (1) 
of  this  ordinance  for  the  purpose  of  herding  or  controlling 
such  animal  or  animals  shall  permit  any  of  the  same  to  pasture 
or  graze  upon  any  of  the  property  within  the  limits  set  forth 
in  section  one  (1)  hereof. 

Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance  shall  he  punished  by  a  fine  of  not  less  than  five  dollars 
($5)  nor  more  than  twenty-five  dollars  ($25)  for  each  offense, 
or  by  imprisonment  for  not  less  than  five  (5)  days  nor  more 
than  twenty  (20)  days  for  each  offense. 

(Ord.  Xo.  1765,  approved  June  5,  1884,  §§  1,  2,  3.) 

176.  And  if  so  found  running  at  large,  each  and  every  such 
animal  or  fowl  shall  be  impounded  in  any  public  pound  of  the 
city,  by  the  policemen  or  persons  detailed  by  virtue  of  the 
provisions  of  section  one  (1)  of  this  ordinance. 

(Ord.  Xo.  419,  approved  July  1,  1884,  §  2,  as  amended  by  Ord. 
Xo.  720,  approved  Sept.  7,  1886,  §  1.) 

177.  Penalty. — That  any  person  who,  being  the  owner  or 
having  the  custody  of  any  horse,  mule,  goat,  sheep,  swine, 
poultry,  chicken,  geese,  or  any  cattle,  and  who  shall  permit 
the  same  to  run  at  large  in  the  City  of  St.  Paul,  or  to  graze 
or  be  pastured  upon  any  of  the  uninclosed  lands  within  the 
limits  described  in  section  two  (2)  of  this  ordinance,  shall  on 
conviction  before  the  municipal  court,  be  punished  by  a  fine 
not  exceeding  twenty  dollars  ($20). 

(Ord.  Xo.  419,  July  1,  1884,  §  3,  as  amended  by  Ord.  Xo.  749, 
approved  Jan.   18,  1887,  §  1.) 

178.  Animals  impounded — How  released. — Xo  horse,  mule, 
or  cattle  which  shall  be  impounded  in  the  public  pound  by  the 
officer  on  duty  at  such  pound  shall  be  released  until  the  owner 
or  some  other  such  person  shall  pay  to  the  officer  in  charge  of 
the  pound  the  sum  of  five  dollars  ($5)  for  each  horse  or  mule, 
and  two  dollars  ($2)  for  each  cow,  calf,  ox  or  steer.  All  other 
animals  and  poultry,  above  mentioned,  which  shall  be  im- 
pounded, as  provided  by  ordinance,  shall  be  released  only  by 


63 

the  payment  to  the  officer  in  charge  of  the  pound,  the  sum  of 
twenty-five  I  25  I  cents  for  each  and  every  one  thereof. 
(Ord.  Xo.  419,  approved  July  1.  1884,  §  4.) 

179.  Officer  in  charge  of  pound;  to  supply  sustenance;  to 
sell  animals;  to  give  notice — Redemption  of  animals  im- 
pounded— Report  of  officer. —  It  shall  be  the  duty  of  the  officer 
in  charge  of  the  public  pound  to  provide  sustenance  for  all 
animals  or  poultry  that  he  may  impound,  the  expense  thereof 
to  be  paid  by  the  owner.  It  shall  be  lawful  for  the  pound- 
keeper  to  sell  at  public  vendue,  to  the  highest  bidder,  for  cash, 
any  animal  or  poultry  so  impounded,  after  keeping  the  same 
three  (3)  days.  So  soon  as  any  animal  or  poultry  is  im- 
pounded, the  pound  master  shall  give  public  notice  b\  adver- 
tisement, for  at  least  three  (3)  days,  where  such  animal  or 
poultry  can  be  found,  and  that  after  the  expiration  of  three 
(3)  days'  notice,  he  may  sell  the  same;  one  (1)  notice  shall 
be  put  up  at  the  city  postoffice,  one  (1)  at  the  court  house, 
and  three  (3)  more  at  the  most  public  places  in  the  ward  where 
such  animal  or  poultry  were  "round.  Any  such  animal  or  fowl 
may  be  redeemed  at  any  time  before  sale,  by  paying  all  ex- 
penses, fees,  and  a  penalty  of  three  dollars  ($3)  to  the  officer 
in  charm-  of  said  pound.  Said  officer  shall  render  ,t  monthly 
statement  to  the  common  council,  under  oath,  ol  all 
charges,  sales,  or  penalties  received  by  him,  and  pay  the  same 

r  to  the  city  treasurer,  and  take  his  receipt  therefor. 
(Id.  §5.) 

180.  Fees  and  penalties  to  be  recovered  from  owner. — 
Whenever  au\  animal  impounded  as  aforesaid  shall  be  sold, 
and  shall  not  bring  enough  to  pa)  the  fees  and  penalties,  the 
same  shall  be  recovered  of  the  owner  of  an}  such  animal  h\ 
suit  before  the  judge  of  the  municipal  courl  in  the  name  of  the 
city,  the  fees,  charges,  and  penalties  so  recovered  to  go  to  the 
cil  y  treasurer. 

(Id.  §6.) 

181.  Breaking  open  city  pound — Penalty. — Any   person  or 
pel-sous  who  shall  break  open,  or  in  an)  manner  directl)  or  in 
directly  aid  or  assist  m  br<  aking  open  an)  city  pound,  shall,  on 


64 

conviction  thereof,  be  punished  by  a  fine  of  twenty-five  dol- 
lars ($25).  (Id.  §;.") 

182.  Obstructing  persons  driving  animals  to  pound — Pen- 
alty.— Any  person  who  shall  hinder,  delays  or  obstruct  any 
person  or  persons  engaged  in  driving  to  the  city  pound  any 
animal  or  animals,  beast  or  beasts,  liable  to  be  impounded  in 
the  city  pounds,  shall,  for  each  and  every  hindrance,  delay,  or 
obstruction,  on  conviction  thereof,  be  punished  by  a  fine  of 
not  less  than  five  dollars  ($5)  nor  more  than  twenty-five  dol- 
lars ($25).  (Id.  §8.) 

183.  Neglect  of  duty  by  officer — Penalty — Owner  may  re- 
deem, when  and  how. — Any  officer,  detailed  as  aforesaid,  who 
shall  refuse  or  neglect  to  take  up,  distrain,  or  impound  any 
animal  or  fowl  mentioned  in  section  two  (2)  of  this  ordinance, 
known  by  him  to  be  running  at  large,  contrary  to  the  ordi- 
nance of  the  city,  shall,  on  conviction  thereof,  be  punished  by 
a  fine  of  not  less  than  ten  dollars  ($10). 

Whenever  any  estray  shall  be  hereafter  sold  under  this 
ordinance,  of  the  value  of  more  than  forty  dollars  ($40),  the 
owner  shall  have  the  privilege  to  redeem  the  same  within 
thirty  (30)  days  after  such  sale,  by  paying  to  the  purchaser,  or 
to  any  person  who  shall  have  subsequently  purchased  the 
same,  the  amount  of  the  bid  therefor  and  ten  dollars  ($10) 
additional  to  recompense  such  purchaser  for  his  trouble. 

(Id.  §§  9,  10.) 

184.  Additional  pound — No.  2. — That  there  be  and  is  hereby 
established  an  additional  public  pound  in  and  for  the  City  of  St. 
Paul,  which  shall  be  known  and  called  public  pound  number 
two  (•?).  The  same  to  be  located  at  a  point  and  place  in  block 
number  five  (5)  of  Fletcher's  subdivision  of  Brewster's  addition 
to  St.  Paul,  and  being  three  hundred  (300)  feet  north  of  the 
north  line  of  Arch  street,  and  along  the  east  line  of  Park  avenue. 
Said  public  pound  to  be  fifty  (50)  feet  square,  and  suitably 
inclosed  with  a  substantial  high  board  fence.  The  same  to  be 
so  constructed  as  to  be  a  safe  place  for  the  impounding  and 
keeping  of  all  estrays,  under  the  ordinances  of  the  City  of  St. 
Paul  and  the  laws  of  the  State  of  Minnesota. 

(Ord.  Xo.  452,  approved  Oct.  11,  1884,  §  1.) 


65 

185.  Laws  and  ordinances  to  be  applicable  to  said  addi- 
tional pound. — All  the  laws  and  ordinances  now  in  force,  or 
which  may  hereafter  be  enacted  or  ordained,  shall  be  ap- 
plicable to  said  additional  public  pound,  and  of  the  persons  in 
charge  thereof,  as  hereinafter  provided. 

(Id.  §2.) 

186.  Special  policemen  to  be  appointed  on  application  of 
St.  Paul,  Minneapolis  &  Manitoba  Railway  Co. —  The  mayor 
of  the  City  of  St.  Paul  is  hereby  authorized  and  empowered, 
from  time  to  time,  upon  the  application  of  the  St.  Paul,  Min- 
neapolis &  Manitoba  Railway  Company,  to  appoint  one  or 
more  special  policemen,  who  shall  be  vested  with  the  powers 
and  authority  named  and  specified  in  section  one  (1).  who 
shall  have  charge  of  public  pound  number  two  (2);  provided, 
however,  that  for  all  services  rendered  by  such  appointees 
hereunder,  the  same  shall  be  without  charge  or  expense  to  the 
City  of  St.  Paul. 

(Id.  §3.) 

187.  Additional  pound — No.  3 — Seventh  ward. — That  there 
be  and  is  herein-  established  an  additional  pound  in  and  for 
the  City  of  St.  Paul,  which  shall  be  known  and  designated  as 
"Public  Pound  \<>.  •">."  The  same  shall  be  located  ai  such 
place  within  the  Seventh  ward  as  may  be  selected  1>\  the  alder 
man  thereof  and  approved  by  the  common  council  of  said  city. 

(Ord.  No.    1:86,  approved  March  31,   L885,  §3.) 

188.  Mayor  to  appoint  special  policemen  to  have  charge  of 
pound  No.  3 — Compensation. — The  mayor  of  the  Cit\  oi  St. 
Paul  is  hereby  authorized  and  empowered,  from  time  to  time 
as  occasions  may  require,  to  appoint  one  or  mote  special 
policemen,  residents  of  said  district,  who  shall  be  vested  with 
the  power  and  authority  named  and  specified  in  section  one 
( 1  )  of  Ordinance  number  four  hundred  and  nineteen  (419.), 
"An  ordinance  in  relation  to  impounding  animals."  ol   the  City 

of  St.  Paul,  who  shall  have  charge  of  Public  Pound 
who   shall   receive   compensation   ai    the   rate  ol    fift.3    dollars 
($50)  per  month,  payable  as  other  citj  officers. 
(Id.     As  amended  bj   Ord.  No.  652,  approved    Vpril  28,  1886, 

§1.) 


66 

189.  Horses,  etc.,  not  to  be  kept  in  tenement  house — Pen- 
alty.— No  tenement  or  lodging  house,  nor  any  portion  thereof, 
shall  be  used  as  a  place  of  storage  for  any  combustible  article 
i  >r  rags,  or  any  article  dangerous  or  detrimental  to  health,  nor 
shall  any  horse,  cow,  calf,  swine,  pig,  sheep  or  goat  be  kept  in 
such  house. 

Any  person  who  violates,  neglects,  or  refuses  to  comply 
with  any  of  the  provisions  of  this  section  shall  be  subject  to  a 
fine  not  exceeding  one  hundred  dollars  ($100)  nor  less  than 
twenty-five  dollars  ($25)  for  each  offense. 

(Ord.  Xo.  1681,  approved  May  11,  1893,  §  1.) 

CEMETERIES. 
Ordinance  No.  1940. 

I  Approved  July  8,  1897.) 

190.  An  Ordinance  in  relation  to  the  interment  of  the  dead 

in  the  city  of  St.  Paul. 
The   Common   Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  the  dead  body  of  every  human  being  that 
shall  be  interred  in  any  grave  in  any  cemetery  in  the  City  of 
St.  Paul  shall  be  placed  in  a  substantial  coffin  or  casket, 
wooden  or  other  material,  and  shall  be  placed  in  such  grave  at 
least  three  feet  below  the  surface  of  the  earth. 

191.  Sec.  2.  Penalty. — Every  person  who  shall  cause  or 
permit  to  be  interred,  or  assist  in  interring,  the  dead  body  of 
any  human  being  in  any  grave  in  any  cemetery  in  the  City  of 
St.  Paul  in  any  manner  contrary  to  the  provisions  of  section 
one  of  this  ordinance,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  twenty  dollars  ($20)  nor  more  than  one  hundred  dollars 
i  $100)  or  by  imprisonment  in  the  St.  Paul  workhouse  for  not 
less  than  fifteen  nor  more  than  ninety  days. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

192.  An   Ordinance   regulating  the   establishment  and  en- 

largement of  cemeteries  within  the  City  of  St.  Paul. 


The  Common   Council  of  the   City  of   St.   Paul   do  ordain   as 

follows  : 

Sec.  1.     That  hereafter  no  cemetery  or  place  for  the  burial 
of  the  dead  shall  he  established  or  set  apart,  nor  shall  any  ex 
isting  cemeteries  be  enlarged  without  permission  and  authority 
of  the  Common  Council  of  the  City  of  St.  Paul. 

Sec.  2.  Xo  interment  of  the  dead  body  of  any  human  be- 
ing, or  disposition  thereof,  shall  be  made  in  any  tomb,  vault  or 
cemetery  or  place  within  the  City  of  St.  Paul,  or  within  the 
enlargement  of  any  cemetery,  until  such  tomb,  vault,  cemetery 
or  place,  or  the  enlargement  thereof,  shall  be  set  apart  and 
devoted  to  such  purpose  by  and  with  the  consent  of  the  Coin 
mon  Council  of  the  City  of  St.  Patd. 

193.  Sec.  3.  Penalty. — That  every  person  who  shall  take 
part  in  the  interment  of  a  dead  body  of  any  human  being  or 
disposition  thereof  at  any  place  within  the  City  of  St.  Paul 
which  has  not  been  established  as  a  cemetery  or  place  for  the 
burial  of  the  dead,  as  in  this  ordinance  provided,  shall  be 
guilty  of  a  misdemeanor,  and  shall  be.  on  conviction  thereof, 
subject  to  a  fine  of  not  less  than  $25,  nor  more  than  $100,  or 
by  imprisonment  in  the  workhouse  of  the  City  of  St.  Paul 
for  a  period  of  not  le>s  than  thirty  nor  more  than  ninety  days. 

Sec.    I-      This   ordinance   shall    take   effeel    and   be   in    force 
from  and  after  its  passage  and  publication. 

(Ord.  No.  L875,  approved  .May  22,  L896.) 

CHARTER  AMENDMENTS. 
(Resolution  approved  by  the  mayor  Nov.  22,  L904.) 

194.  Whereas,  At  the  general  election  held  in  the  Cii\   of 
St.   Paul  on  the  8th  day  of  November,   L904,  there  was  duly 
submitted  to  the  qualified  voters  of  said  election,  fifteen  sep 
arate  proposed  amendments  to  the  charter  of  said  cit)    foi    a 
rat  ification  ;  and 

\\  hereas,  The  Com  mon  Council  of  said  city,  in  joint  ms 
sion,  has  duly  canvassed  the  votes  and  official  returns  of  said 
election  upon  the  question  of  the  ratification  of  said  amend- 
ments and  each  of  them,  and  it  appeal     from  such  canvass  iliat 
for  said  amendment  numbered  one  i  i  i  there  were  L9.993  votes 


68 

cast  in  favor  thereof;  that  for  said  amendment  numbered  two 

i  2  I  there  were  18,769  votes  cast  in  favor  thereof;  that  for  saio. 
amendment  numbered  three  (3),  there  were  17,454  votes  cast 
in  favor  thereof;  that  for  said  amendment  numbered  four  (4), 
there  were  1.8,288  votes  cast  in  favor  thereof;  that  for  said 
amendment  numbered  five  (5),  there  were  15,399  votes  cast 
in  favor  thereof;  that  for  said  amendment  numbered  six  (6), 
there  were  L7,496  votes  cast  in  favor  thereof;  that  for  said 
amendment  numbered  seven  (7),  there  were  14,982  votes  cast 
in  favor  thereof:  that  for  said  amendment  numbered  eight  (8), 
there  were  16,428  votes  cast  in  favor  thereof;  that  for  said 
amendment  numbered  nine  (9),  there  were  16,371  votes  cast 
in  favor  thereof;  that  for  said  amendment  numbered  ten  (10), 
there  were  15,055  votes  cast  in  favor  thereof;  that  for  said 
amendment  numbered  eleven  (11),  there  were  15,632  votes 
cast  in  favor  thereof:  that  for  said  amendment  numbered 
twelve  I  L2  I,  there  were  15.417  votes  cast  in  favor  thereof;  that 
for  said  amendment  numbered  thirteen  (13)  there  were  12,769 
votes  cast  in  favor  thereof;  that  for  said  amendment  numbered 
fourteen  (14),  there  were  15,856  votes  cast  in  favor  thereof; 
and  that  for  said  amendment  numbered  fifteen  (15)  there  were 
17,041  votes  cast  in  favor  thereof;  and 

Whereas,  It  appears  that  said  Amendments  Xos.  1,  2.  3,  4, 
6  and  15,  and  each  thereof,  did  receive  the  votes  of  more  than 
three-fifths  of  the  qualified  voters  voting  at  said  election  in 
said  city,  and  each  of  said  amendments  did  receive  more  than 
three-fifths  of  the  total  vote  cast  for  any  purpose  at  said  elec- 
tion ;  therefore,  be  it 

Resolved,  That  said  Amendments  Xos.  1,  2,  3,  4,  6  and  15. 
and  each  thereof,  are  hereby  declared  to  have  been  adopted 
and  ratified  by  the  qualified  voters  of  said  city  at  said  elec- 
tion, as  provided  by  law. 

Approved  by  the  mayor  Nov.  22.  1904. 
(Amendments  Adopted.) 


69 

AMENDMENT  NO.   1. 

195.  That  subdivision  d  of  section  4  of  title  II   of  Chapter 

Y  of  said  charter  be  amended  so  as  to  read  as  follows: 

"To  provide  for  the  support  and  maintenance  of  the  fire 
department  of  the  city.  The  total  expense  of  the  administra- 
tion of  said  department,  including  all  expenditures  for  lands, 
buildings,  rents,  stores,  fuel,  horses,  apparatus  and  appliances 
of  every  description,  salaries,  wages  and  all  other  outlay, 
whether  of  a  temporary  or  permanent  nature,  shall  not  in  any 
year  exceed  the  sum  of  two  hundred  and  forty-five  thousand 
dollars,  in  addition  to  any  unexpended  balance  remaining  in 
said  fire  department  fund  from  the  preceding  year." 

AMENDMENT  NO.  2. 

196.  That  subdivision  5  of  section    I  of  title   II  of  Chapter 

V  of  said  charter  be  amended  so  as  to  read  as  follows  : 

"To  provide  for  the  support  and  maintenance  of  the  police 
department  of  the  city.  The  total  expense  of  the  administra- 
tion of  the  police  department,  including  compensation  of 
pound  masters,  and  all  expenditures  for  lands,  buildings,  rents, 
stores,  fuel,  horses,  apparatus  and  appliances  of  all  kinds,  sal- 
aries, wages  and  all  other  outlay,  whether  of  permanent  or 
temporary  nature,  shall  not.  in  any  year,  exceed  the  sum  of 
two  hundred  and  fourteen  thousand  dollars,  in  addition  to  any 
unexpended  balance  remaining  in  said  police  department  fund 
from   the  preceding  year." 

AMENDMENT  NO.  3. 

197.  That   subdivision  21   of  section    I,  title   II   of  Chapter 
\    o|  -aid  charter  he  amended  so  a--  to  read  as  follows: 

"To   provide    for   the    maintenance    and    improvemenl    of 
public  parks,  parkways,  drives  and  other  grounds  under   the 
jurisdiction  of  the  Board  of  Park  Commissioners,  not  exceed 
ing  in  any  one  year  the  sum  of  ninety  thousand  dollars,  in  ad 
dition  to  anj    unexpended  balance  remaining  in  said   fund  al 

ich  fiscal  \  ear.  and  in  additii  in  to  all  up  me) 
ceived  by  said  hoard  from  donations  or  fr< »m  the  lease  or  opt  ra 
tion  oi  privileges  or  other  sources  incidenl  to  the  maintenance 
and  management   of  the  public  parks." 


AMENDMENT  NO.  4. 

198.  That  subdivision  15  of  section   I  of  title  II  of  Chapter 
V  of  said  charter  be  amended  so  as  to  read  as  follows: 

"To  provide  for  cleaning  and  repairing"  streets,  sewers, 
sidewalks  and  crosswalks.  The  total  amount  of  expenditure 
in  any  one  year  for  all  of  said  purposes,  other  than  that  paid 
by  special  assessment,  shall  not  exceed  the  sum  of  two  hun- 
dred thousand  dollars,  in  addition  to  any  unexpended  balance 
remaining  in  said  street  and  sewrer  fund  from  the  preceding 
year." 

i  Mote — This  amendment  was  submitted  pursuant  to  peti- 
tion presented  to  the  commission,  purporting  to  be  signed  by 
more  than  five  per  cent,  of  the  legal  voters  of  the  city  voting 
at  the  last  election.) 

AMENDMENT  NO.  6. 

199.  That  section  23  of  title  II  of  Chapter  V  of  said  charter 
be  amended  so  as  to  read  as  follows : 

''Sec.  23.  To  provide  for  the  support  of  the  health  de- 
partment of  said  city,  not  exceeding,  however,  in  any  one  year, 
the  sum  of  twelve  thousand  dollars,  in  addition  to  any  unex- 
pended balance  remaining  in  the  health  department  fund  from 
the  preceding  year ;  except  that  in  case  of  invasion  or  threat- 
ened invasion  of  the  city  by  dangerous  epidemic,  the  common 
council  may.  by  ordinance  to  be  passed  by  at  least  three- 
fourths  of  all  the  members  elect  of  each  body,  authorize  addi- 
tional expenditure  to  be  made  from  the  general  fund,  as  the 
same  is  herein  provided  for.  The  commissioner  of  health  shall 
appoint  an  assistant  commissioner  of  health,  wdio  shall  be  a 
physician  in  regular  practice,  and  such  number  of  inspectors  as 
may  be  necessary,  and  shall  fix  the  salary  and  compensation 
of  said  assistant  and  inspectors,  provided  always  that  the  total 
expenditures  of  said  department  during  any  year  shall  not 
exceed  the  appropriation  therefor  as  above  provided.  Any 
other  requirements  of  the  charter  in  conflict  with  the  fore- 
going provisions  are  hereby  repealed. 

"The  provision  contained  in  section  thre.e  (3),  title  II  of 
Chapter  VI  of  said  charter,  imposing  upon  the  Commissioner 


of  Public  Works  the  duty  of  collecting  and  disposing  of  garb- 
age and  other  waste  matter  is  hereby  repealed,  and  hereafter 
the  diity  of  collecting  and  disposing  of  garbage,  dead  animals 
and  other  waste  matter,  except  stable  refuse  and  night  soil, 
is  hereby  imposed  upon  the  department  of  health,  and  such 
work  shall  be  done  under  the  direction  and  supervision  of  the 
Commissioner  of  Health,  and  a  fund  shall  be  provided  therefor 
by  taxation,  to  be  known  as  the  'Garbage  Fund,'  which  shall 
not  exceed  in  any  one  year  the  sum  of  twenty-five  thousand 
dollars,  in  addition  to  any  unexpended  balance  remaining  in 
said  fund  from  the  preceding  year,  and  in  addition  to  all 
moneys  received  from  the  sale  and  disposal  of  garbage,  dead 
animals  and  other  refuse  matter,  which  receipts  shall  be  cred- 
ited tn  said  fund. 

"The  Commissioner  of  Health,  within  the  limit  of  such 
appropriation,  shall  have  power  to  employ  such  help  and  as- 
sistance as  may  be  necessary  to  enable  him  to  discharge  the 
duties  hereby  imposed,  and  shall,  with  the  approval  of  i In- 
Common  Council,  fix  the  compensation  of  all  employes,  out- 
side of  the  health  department  proper,  who  are  engaged  in  the 
collection  and  disposal  of  garbage,  dead  animals  and  other 
waste  matter." 

AMENDMENT  NO.  15. 

200.  That  section  LO  of  Chapter  l\  of  said  charter  b< 
amended  by  adding  at  the  end  thereof  the  following' sub- 
division : 

"64.  To  provide  and  maintain  public  playgrounds  and 
places  of  recreation  for  children,  and  to  levy  the  necessary  tax 
to  acquire  and  suppprl  the  same  nol  exceeding  in  an)  one  year 
i  he  sum  of  ten  thousand  d<  illars." 

CITY  ATTORNEY   (CORPORATION  ATTORNEY.! 

201.  Election  of — Duties — Prosecute  and  defend  suits — 
Furnish  opinions. — There  shall  be  elected,  as  provided  in  the 

charter,  one  citj  attorney,  whose  duties  it  shall  be  to 
prosecute  and  defend  all  suits  and  actions,  originating  and 
pending  in  any  courl  in  this  state,  to  which  the  <it\  is  a  party, 
or  in  which,  in  the  opinion  of  the  common  council,  the  inti  i 


n 

of  the  city  are  brought  into  controversy,  or  in  which  the  official 
acts  of  any  oi  its  officers,  servants,  or  agents  are  involved. 
\\  hen  requested,  he  shall  furnish  opinions  upon  any  subject 
submitted  to  him  by  the  common  council,  or  its  committees. 
(Ord.  approved  May  6,  1863,  .Municipal    Code    1884,    Article 

XIII..  §1.) 

202.  Duties — Draft  ordinances,  etc. — Perform  other  duties 
in  line  of  his  profession. — He  shall  draft  all  ordinances,  bonds, 
contracts,  leases,  conveyances,  and  such  other  instruments  as 
may  be  required  by  the  business  of  the  city.  To  perform  all 
such  other  duties  and  services  in  the  line  of  his  profession,  con- 
nected with  the  business  of  the  city,  though  not  especially 
enumerated. 

(Id.  §2.) 

203.  Duties — Attend  council  meetings  when  requested. — 
He  shall  attend  the  meeting  of  the  common  council,  when  re- 
quested by  a  majority  thereof  or  chairman  of  any  of  its  com- 
mittees. 

(Id.  §  3.) 

204.  Duties — Keep  record  of  opinions — Keep  docket  of 
suits  and  judgments. — To  keep  a  record  of  all  legal  opinions 
given  by  him,  in  writing",  with  a  request  therefor,  and  an  index 
thereto.  To  keep  a  book  or  docket,  in  which  he  shall  enter 
an  abstract  of  all  suits  pending,  and  judgments  in  favor  of  or 
against  the  City  of  St.  Paul,  in  tabular  form,  substantially  as 
follows  :  Names  of  parties  ;  suits,  when  brought ;  in  what  court ; 
nature  of  action;  names  of  witnesses;  proof,  etc.,  for  the  city; 
what  steps  taken  at  last  term  ;  what  preparatory  steps  before 
the  next  term  ;  amount  of  judgment ;  date  of  judgment ;  date  of 
execution;  to  wdiat  office  delivered;  where  returnable;  judg- 
ment, when  satisfied;  remarks. 

(Id.  §4.) 

205.  Duties — Shall  prosecute  appeals — Mayor  and  securi- 
ties selected  by  him  to  be  kept  harmless. — To  prosecute  an 
appeal,  writ  of  certiorari,  or  writ  of  error  in  any  case  in  which 
the  city  is  concerned,  when  he  shall  see  proper,  and  to  make 
the  necessary  affidavits  therefor;  and  in  all  cases  of  appeal, 
writ  of  certiorari,  or  writ  of  error,  the   mavur  is  authorized 


73 

to  procure,  on  behalf  of  the  city,  such  securities  as  may  be 
required  by  law,  and  the  mayor  and  such  securities  as  may 
execute  such  appeal,  or  other  bond  in  behalf  of  said  city,  shall 
be  kept  harmless  bv  the  citv  therefor. 

(Id.  §  5.) 

206.  Duties — Report  to  council  disposition  of  suits,  etc. — 
To  report  to  the  common  council  within  five  days  after  the 
adjournment  of  each  term  of  any  court  of  record,  in  which  any 
suit  or  suits  may  be  pending",  in  which  the  city  is  a  part}',  or 
interested,  the  disposition  thereof,  and  such  other  informa- 
tion as,  in  his  opinion,  may  be  for  the  interest  of  the  city. 

(.Id.  §6.) 

207.  •  In  case  of  inability,  etc.,  may  appoint,  at  his  own  ex- 
pense, person  in  his  stead. —  In  case  of  his  temporary  absence 
from  the  city,  sickness,  or  other  inability  to  attend  court,  he 
may,  at  his  own  expense,  with  the  approbation  of  the  common 
council,  appoint  some  person  to  act  in  his  stead  for  the  occa- 
sion, in  the  city. 

(See,  also,  "Police"'  regarding  "Notices  of  Accidents.") 
i  See,  also,  city  charter.  ) 

CITY  ENGINEER. 

208.  Election. — There  shall  be  elected,  as  provided  in  the 
charter  of  the  City  of  St.   Paul,  one  city  engineer. 

(<  )rd.  Xo.    HO,  approved  June  L7,  L884,  §  1. 1 

209.  Surveys,  profiles,  etc.,  to  be  property  of  city,  to  be  pre- 
served, and  open  to  inspection. — All  surveys,  profiles,  plans, 
and  estimates  made  by  him,  or  others  in  his  employ,  for  the 
city,  or  either  of  the  wards,  shall  be  the  property  of  tin-  city, 
and  >hall  be  carefully  preserved  in  his  office,  ami  open  to  the 
inspect i,,n  of  all  pefs, ms  interested. 

I  Id.  §2.) 

210.  Make  surveys,  maps,  etc. —  He  shall  make  all  surveys, 
map-,  plans,  and  profiles  relating  t<>  the  streets,  public  grounds, 
levees,  alleys,  sewers,  drains  or  improvement,  within  the  limits 
of  said  city,  ami  such  beyond  the  limits  of  the  citj   as  the  com 
ni' hi  ci »uncil  ma}  ,  fr< 'in  tunc  to  time,  direel . 

(  td.  §3.) 


;  i 

211.  Submit  to  council  detailed  estimates  of  improvements. 
—  He  shall,  when  called  upon  by  the  common  council,  or  any 
committee  thereof,  submit  detailed  estimates  of  any  proposed 
improvements. 

(Id.  §4.) 

212.  Superintend  in  person,  improvements,  etc. — He 
shall  superintend,  in  person,  and  carefully  watch  the  improve- 
ments of  all  streets,  sidewalks,  sewers,  and  culverts,  and  see 
that  the  same  is  being  done  in  conformity  to  the  contract, 
ordinance,  or  resolution  authorizing  the  same. 

(Id.  §5.) 

213.  Suggest  to  council  nature  of  materials  for  public 
works,  etc. — Aid  council  with  professional  knowledge. — He 
shall  suggest  to  the  common  council  the  kind  and  quality  of 
materials  to  be  used  in  all  public  works,  the  necessary  means 
to  insure  the  permanent  stability  of  the  work,  and  shall  at  all 
times  aid  the  common  council  with  his  professional  knowledge 
and  skill. 

(Id.  §6.) 

214.  Book  of  contracts — Quarry  contracts  to  be  recorded — 
Books  and  stationery  to  be  paid  for  by  city. — He  shall  keep  a 
book  in  which  shall  be  kept  all  contracts  in  relation  to  the 
streets,  public  grounds,  levees,  sewers,  culverts,  and  drains, 
and  all  contracts  in  relation  to  the  quarries  owned  by  the  city 
shall  be  recorded ;  provided,  that  all  books,  wrapping  paper, 
and  stationery  required  for  his  office  shall  be  purchased  and 
paid  for  by  the  city. 

(id.  §  r.) 

215.  Collect  and  turn  over  money  for  stone  quarries. — He 

shall  collect  all  moneys  due  the  city  for  stone  quarries,  under 
any  contract  or  resolution,  and  pay  the  same  over  to  the  city 
treasurer  the  Tuesday  following  the  receipt  thereof,  taking 
duplicate  receipts  therefor. 

(Id.  §  8.) 

216.  Examine  quarries — See  that  no  one  quarries  without 
permission  of  council — Report  to  council — Pay  over  moneys 
once  a  month. — He  shall,  as  often  as  he  may  deem  necessary. 
or  as  often  as  the  council  may  direct,  make  an  examination  of 


75 

all  quarries  owned  by  the  city,  and  see  that  no  one  quarries 
rock  without  permission  of  the  common  council;  and  if  any 
one  is  found  or  known  to  he  so  offending',  to  report  the  same 
to  the  common  council.  On  the  first  meeting  of  the  council 
of  even-  month  he  shall  pay  over  all  moneys  received  by  him 
during  the  month  previous,  for  the  city,  with  the  treasurer's 
receipts  therefor,  and  also  any  other  matters  which  he  may 
deem  of  interest  to  the  city. 

(Id.  §9.) 

217.  Turn  over  to  successor  books,  etc. —  lie  shall,  at  the 
expiration  of  his  term  of  office,  turn  over  and  deliver  to  his 
successor,  all  hooks,  papers,  plans,  profiles,  estimates,  and  oth- 
er property  of  any  kind  whatever  in  his  hands,  belonging  to 
said  city,  taking  duplicate  receipts  therefor,  in  which  receipts 
all  hooks,  papers,  plans,  profile-.,  estimates,  and  other  property 
shall  he  specially  numbered  and  enumerated,  one  of  which  re- 
ceipts shall  he  transmitted  to  the  common  council  within  five 
(5)  days  after  the  expiration  of  his  term  of  office. 

(Id.  §  10.) 
i  See,  also,  city  charter,  i 

COAL  AND  HAY— WEIGHERS  AND  SCALES. 
(See,   also,    Scales   and    Weights   and    Measures.  I 

218.  Certificate  of  weight  to  be  furnished  purchaser,  or  coal 
or  hay  weighed  in  his  presence. —  Each  and  every  person,  linn. 
or  corporation  engaged  in  the  business  of  selling  coal  or  hay, 
in  tin-  City  of  St.  Paul,  to  he  delivered  within  said  city,  shall 
either  produce  and  deliver  to  the  purchaser,  at  the  time  of 
deliver)  ol  coal  or  hay  purchased,  ;i  certificate  signed  l>\  a 
weigher,  duly  appointed  under  the  charter  and  ordinances  of 
the  -aid  city,  showing  the  weighl  of  the  coal  or  ha)  delivered  ; 
or  the  seller  of  said  coal  or  hay  shall,  at  the  Hum-  and  place 
of  the  deliver)  thereof,  weigh,  or  cause  i"  he  weighed,  th< 

"i"  ha)   so  delivered,  which  weighing  shall  he  done  in  the  p 
ence  of  the  purchaser  or  lii    agi  nt,  if  the  said  purchaser  shall 
desire  i >i"  see  id  i"  he  present. 

i  <  >id.  appr<  >\  ed    Vpril   II.   1875,  sj  I .  i 


;<; 

219.  Ton  to  be  two  thousand  (2,000)  pounds. — Every  per- 
son, firm,  or  corporation  purchasing  a  ton  of  eoal  or  hay  shall 
be  entitled  to  receive  two  thousand  (2,000)  pounds  (and  a  pro- 
portionate amount  for  any  portion  of  a  ton  purchased),  and 
every  person,  firm,  or  corporation  shall  deliver  two  thousand 
(2,000)  pounds  of  coal  or  hay  for  each  ton  so  purchased,  and  a 
proportionate  amount  for  any  part  of  a  ton  so  purchased. 

(Id.  §  2.) 

220.  Penalties. — Every  weigher  weighing  any  coal  or  hay 
who  shall  be  guilty  of  giving  a  false  certificate  as  to  the  num- 
ber of  pounds  of  coal  or  hay  weighed  by  him,  as  provided  in 
this  ordinance,  and  any  person  who  shall  fail  to  fully  comply 
with  this  ordinance,  or  fail  to  deliver  to  any  purchaser  the 
amount  of  coal  or  hay  so  purchased,  or  wdio  shall  practice  any 
fraud  or  deceit  in  the  sale  or  delivery  of  any  coal  or  hay  so 
purchased  as  aforesaid,  shall,  upon  conviction  by  any  court  of 
competent  jurisdiction,  be  fined  in  any  sum  not  less  than 
twenty  dollars  ($20)  nor  more  than  one  hundred  dollars  ($100) 
for  each  and  every  such  offense. 

(Id.  §  3.) 

221.  Council  to  appoint  weighers  and  designate  number  of 
scales — Weigher  to  test  scales  and  have  same  adjusted — Pen- 
alties— Certificate  of  appointment  to  weighers  and  owners — 
Bonds. — It  shall  be  the  duty  of  the  common  council  to  appoint 
such  number  of  weighers  as  may  be  deemed  necessary  and  ex- 
pedient for  the  interest  of  the  city  and  purchasers  of  coal  or 
hay,  and  also  to  designate  the  necessary  number  of  scales  in 
the  several  wards  or  sections  of  the  City  of  St.  Paul  to  ac- 
commodate the  dealers  in  and  purchasers  of  coal  or  hay,  and  it 
shall  be  the  duty  of  the  weighers  so  appointed  to  test  his  scales 
at  least  once  in  every  month,  and  to  cause  said  scales,  if  not 
strictly  correct,  to  be  corrected;  provided  further,  it  "shall  be 
the  duty  of  the  weighers  so  appointed  to  have  their  scales 
adjusted  and  sealed  by  the  sealer  of  weights  and  measures  at 
least  once  in  every  three  months,  and  oftener  if  required.  And 
any  neglect  of  duty  in  any  respect  by  said  weigher,  or  any 
refusal  or  neglect  of  the  owner  of  such  scales  to  have  them 
corrected,  after  notice  of  their  incorrectness,  shall  subject  the 
said  weighers,  or  either  of  them,  so  offending",  or  the  owners 


of  such  scales,  to  a  fine  of  not  less  than  twenty  dollars  ($20) 
or  more  than  one  hundred  dollars  ($100).  A  certificate  of 
appointment  shall  be  given  to  the  weighers,  and  a  bond  of 
five  hundred  dollars  ($500)  taken  from  each  of  said  weighers 
for  the  faithful  discharge  of  their  duties.  A  certificate  shall 
-also  be  given  and  a  bond  of  five  hundred  dollars  ($500)  re- 
quired of  the  owners  of  the  scales  hereinbefore  named  and 
referred  to.  for  the  faithful  compliance  with  this  ordinance, 
and  such  other  ordinances  as  may  be  passed  relating  thereto 
by  the  common  council. 

(Id.  §4.) 

222.  Weighers  to  provide  satisfactory  scales  and  keep  them 
adjusted. — Each  of  said  weighers  so  appointed  shall  provide 
his  own  scales,  which  shall  be  of  some  improved  patent  which 
shall  be  satisfactory  to  the  common  council,  and  shall  locate 
them  and  keep  them  properly  adjusted  and  repaired  at  their 
own  expense. 

(Id.  §:... 

223.  Persons  ineligible  as  weighers — Deputies — Weigher 
or  deputy  to  be  present  at  scales. — No  person  or  persons,  cor- 
poration, or  firm  interested  in  any  coal  yard,  or  any  dealer  in 
coal  or  hay.  or  transacting  any  coal  or  hay  business,  not  their 
employes  in  said  city,  shall  be  eligible  to  the  office  of  city 
weigher  under  this  ordinance.  Said  weigher  may  appoint  as 
many  deputies  as  may  be  necessary  to  attend  said  scales,  and 
-aid  weighers  and  their  bondsmen  shall  he  held  responsible  for 
the  acts  of  said  deputies.  And  said  weighers,  or  one  of  their 
deputies,  -had  be  presenl  al  the  designated  scales  during  all 
reasonable  hours  each  day.  during  the  term  of  their  office, 
Sundays  excepted. 

I  1.1.  §6.) 

224.  Fee  for  weighing — Coal  or  hay  must   be   weighed. — 

The  said  weighers  shall  1»-  allowed  to  charge  ten  (10)  rent-. 

and  no  more,  for  each  load  or  pari  of  a  load  weighed  b)  "i 
for   them,   to   he   paid    by    the    vendor  of   said   coal    or  hay;   hut 

no  coal  or  hay  shall  he  sold  h\  any  dealer  in  coal  or  ha)  with 
out   having  the  same  weighed  as  provided  in  this  ordinance, 


under  the  penalty  or  penalties  prescribed  in  section  three  (3) 
i>i  this  ordinance. 

(id.  §;.» 

CONCEALED  WEAPONS. 

225.  Unlawful  to  carry  concealed  weapons. — It  shall  be  un- 
lawful for  any  person,  within  the  limits  of  the  City  of  St. 
Paul,  to  carry  or  wear  under  his  clothes,  or  concealed  about  his 
person,  any  pistol  or  pistols,  dirk,  dagger,  sword,  slungshot, 
cross-knuckles,  or  knuckles  of  lead,  brass,  or  other  metal,* 
bowie-knife,  or  razor,  or  any  other  dangerous  or  deadly 
weapon. 

(Orel.  No.  265,  approved  Jan.  17,  1882,  §  1.) 

226.  Weapon  to  be  confiscated  and  disposed  of  by  chief  of 
police. — Any  such  weapon  or  weapons,  duly  adjudged  by  the 
municipal  court  of  said  city  to  have  been  worn  or  carried  by 
any  person,  in  violation  of  the  first  section  of  this  ordinance, 
shall  be  forfeited  or  confiscated  to  the  said  City  of  St.  Paul, 
and  shall  be  so  adjudged. 

And  said  weapons  shall  be  handed  over  to  the  chief  of 
police,  and  by  him  kept,  sold,  and  disposed  of,  in  the  manner 
provided  by  section  nine  (9)  of  chapter  eighty-six  (86), 
Special  Laws  of  the  State  of  Minnesota,  A.  D.  1876,  approved 
March  1,  1876,  authorizing  the  sale  of  lost  and  stolen  property, 
fid.  §  2,  as  amended  by  Ord.  No.  927,  approved  April  17,  1888, 

§10 

227.  Policeman  may  arrest  without  warrant  and  detain  of- 
fender.— Any  policeman  of  the  City  of  St.  Paul  may.  within 
the  limits  of  said  city,  without  a  warrant,  arrest  any  person  or 
persons  whom  such  policeman  may  find  in  the  act  of  carrying 
or  wearing  under  their  clothes,  or  concealed  about  their  per- 
son, any  pistol  or  pistols,  dirk,  dagger,  sword,  slungshot,  cross- 
knuckles,  or  knuckles  of  lead,  brass,  or  other  dangerous  or 
deadly  weapon,  and  detain  him,  her,  or  them  in  the  city  jail 
until  a  warrant  can  be  procured  or  complaint  made  for  the 
trial  of  such  person  or  persons,  as  provided  by  -the  charter 
of  the  City  of  St.  Paul  for  other  offenses  under  said  charter, 
and  for  the  trial  of  such  person  or  persons,  and  for  the  seizure 


79 

and  confiscation  of  such  of  the  weapons  above  referred  to  as 
such  person  or  persons  may  be  found  in  the  act  of  carrying 
or  wearing  under  their  clothes,  or  concealed  about  their  per- 
sons. 

(<  ml.  No.  265,  approved  Jan.  17,  L882,  §  3.) 

228.  Warrant  shall  issue  upon  complaint — Proceedings 
upon  return  of  warrant — Offender  to  keep  the  peace. — Upon 

complaint  made  under  oath  or  affirmation  to  the  municipal 
court  of  the  City  of  St.  Paul,  that  any  person  has  been  guilty 
of  violating  any  of  the  provisions  of  section  one  (1)  of  this 
ordinance,  a  warrant  shall  issue  for  the  arrest  of  the  offender 
or  offenders,  returnable  as  other  warrants  are  returnable. 
Upon  the  return  of  such  warrant,  the  municipal  court  shall 
proceed  to  the  hearing  and  determination  of  the  matter,  and 
if  it  shall  be  adjudged  that  such  person  or  persons  has  or  have 
incurred  any  of  the  penalties  fixed  by  this  ordinance,  such 
court  shall  so  adjudge,  and  order  that  the  weapon  or  weapons 
concerning  the  carrying  or  wearing  of  which  such  penalty  shall 
have  been  incurred,  shall  be  confiscated  to  the  City  of  St. 
Paul.  And  further,  every  such  person  or  persons  so  offending, 
on  conviction,  shall  be  required  to  find  sureties  for  keeping  the 
peace  for  a  term  not  exceeding  six  months. 

(1.1.  §   l.i 

229.  Penalties. — Any  person  or  persons  violating  any  of  the 
provisions  of  section  one  <  1  I  of  this  ordinance  shall  pay  a  fine 
of  not  less  than  five  dollars  ($5)  nor  more  than  one  hundred 
dollars  ($100),  or  be  imprisoned  for  a  term  nol  exceeding 
ninety   (90)  da_\s.  or  both,  in  the  discretion  of  the  municipal 

judge  before   whom   Mich  conviction   shall   he  had. 

(Id.  §  5.) 

230.  Policeman,  other  officers  and  persons  licensed  may 
carry  weapons. — 'The  prohibition  of  this  ordinance  -hall  n"t 
appb  to  the  officers  and  members  of  the  police  force  ol  said 
city  when  on  duty,  nor  to  an)  officer  of  an)  courl  whose  duty 
may  he  to  serve  wan-ant-  or  t"  make  arrests,  nor  to  |"  i  ona 
whose  business  or  occupation  ma)  seem  to  require  the  carr) 
ing  of  weapon-  for  protection,  and   who  shall  have  obtained 


80 

from  the  mayor  of  said  city  a  license  so- to  do,  as  hereinafter 
provided. 

(Id.  §6.) 

231.  Mayor  may  grant  and  revoke  license. — The  mayor  of 
the  City  of  St.  Paul  may  grant  to  so  many  and  to  such  persons 
as  he  may  think  proper  licenses  to  carry  concealed  weapons, 
and  may  revoke  anv  and  all  of  such  licenses  at  his  pleasure. 

(Id.  §  7.) 

232.  License — Price  and  manner  of  issue. — Application  for 
such  licenses  shall  be  made  to  the  mayor  of  said  city,  in  writ- 
ing, and  when  granted,  the  person  applying  therefor  shall  pay 
into  the  city  treasury  the  sum  of  two  dollars  ($2),  and  there- 
upon a  license  shall  be  issued  by  the  city  clerk  and  signed  by 
the  mayor. 

(Id.  §8.) 

233.  License  to  state  name,  etc. — Expires  Dec.  31st. — 
Every  such  license  shall  state  the  name,  age,  occupation,  and 
residence  of  the  person  to  whom  it  is  granted,  and  shall  ex- 
pire on  the  thirty-first  day  of  December  of  each  and  every 
year. 

(Id.  §9.) 

234.  An  Ordinance  to  prevent  and  prohibit  the  carrying,  or 

wearing  about    the    person,    of    any    dangerous  or 
deadly  weapons,  and  providing  for  the  confiscation 
thereof. 
The   Common  Council  of  the  City  of  St.   Paul  do  ordain  as 
follows : 

Sec.  1.  That  it  shall  be  unlawful  for  any  person  under 
the  age  of  seventeen  years  to  carry  or  wear  about  his  person, 
any  gun,  rifle,  flobert,  pistol,  dirk,  dagger,  sword,  slungshot, 
cross-knuckles  or  knuckles  of  lead,  brass  or  other  metals, 
bowie-knife,  dirk  knife,  razor  or  any  sort  or  description  of  fire- 
arm or  any  other  dangerous  or  deadly  weapon. 

235.  Sec.  2.  Weapons  to  be  forfeited. — Any  such  weapon 
or  weapons  duly  adjudged  by  the  Municipal  Court  of  the  City 
of  St.  Paul  to  have  been  worn  or  carried  by  any  person  in 
violation  of  the  first  section  of  this  ordinance  shall  be  forfeited 


81 

to  and  confiscated  by  the  City  of  St.  Paul,  and  shall  be  so 
adjudged. 

236.  Sec.  3.  Penalty. — Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  of  not  less  than  five  dollars  ($5)  nor  more 
than  one  hundred  dollars  ($100),  or  by  imprisonment  for  a 
term  not  exceeding  ninety  (  90)  days. 

Sec.  4.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 
(Ord.  No.  8239,  approved  Jan.  4.  1902.) 

CONTRACTS  AND  CONTRACTORS. 

237.  Contracts  with  city — Special  provision  to  be  made  for 
payment  of  laborers. — When  any  contract  is  ordered  to  be 
made  or  let,  under  the  provisions  of  the  city  charter,  or  the 
acts  amendatory  thereof,  for  any  public  improvements,  either 
on  streets,  public  grounds,  public  buildings,  or  other  structure, 
or  for  repairs  thereto,  such  contract  shall  contain  a  special 
provision  for  the  payment  of  the  laborers  who  may  perform 
work  or  labor  on  any  such  work  or  improvement,  out  of  the 
amount  due  to  the  contractor  or  contractors  therefor  from  the 
city,  before  any  part  or  portion  thereof  shall  be  paid  to  said 
contractor  or  contractors,  their  heirs,  agents,  or  assigns,  as 
hereinafter  provided. 

(Ord.  No.  306,  approved  Sept.  19,  1882,  §  1  ;  re-enacted  by  Ord. 
No.  L542,  approved  Oct.  13,  1891,  §  1.) 

238.  Affidavit  of  contractor  as  to  labor  to  be  attached  to 
estimate — Labor  to  be  paid  first — Surplus  to  be  paid  contractor 
— Contractor's  affidavit  that  labor  has  been  paid  for. — When 
contracts  arc  made  as  stated  in  section  one  I  l  I  of  this  ordi 
nance,  it  shall  be  the  duty  of  the  city  engineer,  before  making 
an  estimate  for  any  work,  to  require  of  the  contractor  or  con 
tractors  a  full  list  of  all  persons  who  have  been  employed  by 
him  or  them  on  said  contract,  the  time  the}  have  worked,  and 
the  amount  due  from  liim  or  them  to  each  of  said  laborers, 
which  statement  shall  be  sworn  to  before  some  officer  au- 
thorized to  administer  oaths,  as  being  true,  and  as  containing 
a  full  list  of  all  persons  and  the  amounts  or  sums  due  to  each 
for  labor  thereon;  and  thereafter  it  shall  be  the  duty  of  the 


82 

said  engineer,  when  he  makes  an  estimate,  to  annex  said  sworn 
statement  to  the  same,  as  a  part  thereof;  and  when  said  esti- 
mate shall  have  reached  the  comptroller,  if  the  same  be  audited 
by  him  as  correct,  said  work  shall  be  paid  for  by  the  City  of 
St.  Paul,  if  the  amount  of  the  estimate  is  sufficiently  large,  if 
not,  then  pro  rata  :  and  if  there  should  be  any  surplus  after 
paying  for  said  labor,  the  same  shall  be  paid  to  the  contractor 
or  contractors;  provided,  however,  that  if  the  contractor  or 
contractors  shall  make  and  file  with  the  engineer  an  affidavit 
that  all  the  labor  for  which  an  estimate  is  asked  has  been  paid 
for,  the  engineer  may  waive  the  statement  before  provided 
for  in  this  section. 

(Ord.  No.  306,  approved  Sept.  19,  1882,  §2.) 

239.  Affidavit  of  contractors  as  to  labor  to  be  attached  to 
estimate — Labor  to  be  paid  first — Surplus  to  be  paid  contract- 
ors— Contractor's    affidavit  that    labor    has  been  paid  for. — 

When  contracts  are  made  as  stated  in  section  one  (1)  of  this 
ordinance,  it  shall  be  the  duty  of  the  city  comptroller,  before 
auditing  an  estimate  for  any  work,  to  require  of  the  contractor 
or  contractors  a  full  list  of  all  persons  who  have  been  employed 
by  him  or  them  on  said  contract,  the  time  they  have  worked 
and  the  amount  due  from  him  or  them  to  each  of  said  laborers ; 
which  statement  shall  be  sworn  to  before  some  officer  author- 
ized to  administer  oaths  as  being  true  and  as  containing  a  full 
list  of  all  persons  and  the  amounts  or  sums  due  to.  each  for 
labor  thereon ;  and  thereafter  it  shall  be  the  duty  of  said 
comptroller,  when  he  audits  an  estimate,  to  annex  said  sworn 
statement  to  the  same  as  part  thereof,  and  said  work  shall 
be  paid  for  by  the  City  of  St.  Paul  if  the  amount  of  the  esti- 
mate is  sufficiently  large,  if  not,  the  same  shall  be  paid  to 
the  contractor  or  contractors  :  provided,  however,  that,  if  the 
contractor  or  contractors  shall  make  and  file  with  the  comp- 
troller an  affidavit  that  all  the  labor  for  which  an  estimate  is 
asked  has  been  paid  for,  the  comptroller  may  waive  the  state- 
ment before  provided  for  in  this  section. 

(Ord.  Xo.   1542.  approved  Oct.   13,  1891,  §  2.) 

240.  Claims  for  labor  omitted  from  contractor's  affidavit  to 
be  filed  with  comptroller — Comptroller  give  notice — Money  to 
be  retained  in  treasury — Claim  to    be    put    into    judgment — 


83 

Money  to  be  paid  when  judgment. — In  case  there  may  be  any 
claim  for  labor  done  and  performed  for  any  contractor  or  con- 
tractors, in  the  performance  of  the  work  for  which  an  estimate 
is  asked  for,  which  may  for  any  reason  have  been  omitted  from 
the  contractor's  sworn  statement,  the  person  or  persons  having 
such  claim  may  file  the  same,  duly  verified,  with  the  comp- 
troller, at  any  time  during-  the  progress  of  the  work  under  the 
contract,  and  within  ten  (10)  clays  after  the  allowance  by  the 
board  of  public  works  of  the  final  estimate  under  any  contract, 
and  upon  the  filing  of  said  claim  as  aforesaid  the  comptroller 
shall  give  the  contractor  or  contractors  notice  thereof,  and  if 
the  contractor  or  contractors  do  not  consent  to  the  payment 
of  the  same,  the  amount  thereof  shall  be  retained  in  the  city 
treasury,  if  there  be  a  sum  equal  to  the  amount  claimed  due 
the  contractor  or  contractors,  or  if  less  the  whole  amount  due 
to  the  contractor  or  contractors,  for  a  period  of  sixty  (60) 
days,  when,  if  said  laborer  or  laborers  have  not  taken  the 
necessary  legal  steps  towards  putting  said  claim  into  a  judg- 
ment, the  same  shall  be  paid  over  to  the  contractor  or  con- 
tractors. Upon  the  rendition  of  any  judgment  against  a  con 
tractor  or  contractors,  upon  any  claim  filed  with  the  comp 
troller  as  aforesaid,  the  labor  on  any  contract  with  the  City 
of  St.  Paul,  the  same  shall  be  paid  out  of  the  city  treasury,  if 
there  are  funds  applicable  thereto  dwe  the  contractor  or  con- 
tractors, and  the  same  so  paid  shall  he  charged  up  against  the 
contractor  or  contractors  as  payment  on  said  contract. 
(<  )rd.   No.  306,  approved   Sept.    1!».   L882;  §  3.) 

941.  Claim  omitted  from  contractor's  affidavit  to  be  filed 
with  comptroller — Comptroller  give  notice — Money  to  be  re- 
tained in  treasury — Claim  to  be  put  into  judgment — Money  to 
be  paid  when  judgment — City  not  liable  unless  notice  of  suit 
filed. —  ll  in  case  there  be  any  claim  for  labor  dour  and 
formed  lor  any  contractor  or  contractors  in  die  performance 
of  the  work  for  which  an  estimate  is  asked  for,  which  max 
for  an)  reason  have  been  omitted  from  the  contractor's  sworn 
statement,  the  person  or  persons  doing  such  work  may  file 
such  claim,  duly  verified,  with  the  comptroller,  .m  an)  time 
during  the  progress  of  the  work  under  the  contract,  and  with- 
in   ten    (III)    days   after   the   allowance    by    the    board    of   public 


84 

works  of  the  final  estimate  under  any  contract;  and,  upon  the 
filing  oi  said  claim  as  aforesaid,  the  comptroller  shall  give  the 
contractor  or  contractors  notice  thereof,  and  if  the  contractor 
or  contractors  do  not  consent  to  the  payment  of  the  same, 
the  amount  thereof  shall  be  retained  in  the  city  treasury,  if 
there  be  a  sum  equal  to  the  amount  claimed  due  the  contractor 
or  contractors,  or,  if  less,  the  whole  amount  due  to  the  con- 
tractor or  contractors,  for  a  period  of  sixty  (60)  days  from  the 
date  of  the  allowance  of  said  final  estimate,  when,  if  said 
laborer  or  laborers  have  not  taken  the  necessary  legal  steps 
towards  putting  said  claim  into  a  judgment,  the  same  shall 
be  paid  over  to  the  contractor  or  contractors. 

Upon  the  rendition  of  any  judgment  against  a  contractor  or 
contractors  in  favor  of  the  person  doing  such  work  upon  any 
claim  filed  with  the  comptroller  as  aforesaid,  for  labor  on  any 
contract  with  the  City  of  St.  Paul,  the  same  shall  be  paid  out 
of  the  city  treasury,  if  there  are  funds  applicable  thereto  due 
the  contractor  or  contractors,  and  the  same  so  paid  shall  be 
charged  up  against  the  contractor  or  contractors  as  payment 
on  said  contract;  provided,  however,  that  the  City  of  St.  Paul 
shall  not  in  any  event  be  liable  to  pay  any  judgments  rendered 
as  above  specified,  unless  there  shall  be  filed  with  the  city 
comptroller,  within  said  sixty  (60)  days,  a  notice  of  the  com- 
mencement of  the  suit  on  such  claim,  and  the  name  of  the  court 
in  which  the  same  is  pending. 

(Ord.  Xo.   1542,  approved  Oct.   13,  1891,  §  3.) 

242.  Reference  to  ordinance  to  be  included  in  contracts. — 

All  contracts  let  by  the  City  of  St.  Paul  to  any  person  or 
persons,  for  grading  streets,  public  grounds,  public  buildings, 
or  other  structure  or  public  improvement,  shall  be  made  to 
include,  by  reference  thereto,  the  provisions  of  this  ordinance. 
(Ord.  No.  306,  approved  Sept.  19,  1882,  §4.) 

243.  Ordinances  contravening  provisions  of  Ord.  1542  re- 
pealed.— All  ordinances  of  the  City  of  St.  Paul  in  any  manner 
contravening,  or  in  any  respect  inconsistent  with,  the  pro- 
visions of  this  ordinance  are  hereby  in  all  things  repealed. 

(Ord.  Xo.   1542,  approved  Oct.   13,  1891,  §  5.) 


85 

CORNICES. 

(See,  also,  Building  Code.) 

244.  Engineer  to  examine — To  report  dangerous  structures 
to  chief  engineer  of  fire  department,  who  shall  serve  notice, 
etc. — That  it  is  hereby  made  the  duty  of  the  engineer  to  the 
Board  of  Public  Works,  whenever  requested  so  to  do  by  the 
chief  engineer  of  the  fire  department  of  said  city,  to  examine 
all  buildings  which  are  now  built,  or  which  may  be  hereafter 
erected  within  said  city,  the  cornices  of  which  are  either  brick 
or  stone,  for  the  purpose  of  ascertaining  whether,  by  reason  of 
dilapidation,  defects  in  structure,  material,  or  other  cause,  any 
of  said  cornices  or  structures  have  become  imminently  danger- 
ous to  life  or  property,  and  if  on  such  examination  it  shall  ap- 
pear to  said  engineer  of  the  Board  of  Public  Works  as  afore- 
said that  any  of  said  cornices  or  structures  are  dangerous  to 
life  or  property,  and  that  the  same  should  be  either  repaired 
or  taken  down,  as  the  case  may  be,  he  shall  report  that  fact  in 
writing  to  the  chief  engineer  of  the  fire  department,  who  shall 
cau>e  a  notice  to  be  served  upon  the  owner,  and  if  the  owner 
is  a  non-resident,  such  notice  may  be  served  upon  his  or  her 
agent,  it"  they  have  one  in  the  city,  if  not,  notice  may  be  posted 
upon  the  premises  and  printed  in  the  official  paper  by  one 
publication,  that  within  such  time  as  may  be  named  in  said 
notice  that  said  dangerous  cornice  or  oilier  structure  must  be 
taken  down  or  repaired  to  the  satisfaction  ami  approval  of  the 
engineer  to  the  Board  of  Public  Works. 

(Ord.  No.  230,  approved  March  86,  L881,  §  L.) 

245.  Council  may  declare  nuisance  and  direct  removal. — 
In  case  such  dangerous  cornices  or  other  structures  are  nol 
repaired  or  removed  within  the  time  named,  and  in  the  manner 
directed  by  said  chief  engineer  of  the  fire  department  aforesaid, 
it  is  hereby  made  the  duty  of  said  engineer  to  report  the  fact 
to  the  Common  Council  of  said  city,  who  maj  declare  said 
dangerous  cornices  or  structures  a  public  nuisance,  and  direct 
the  same  to  1"-  taken  down  and  rem' >ved  forthwith  1>\  the  chief 
of  police,  under  the  direction  of  the  mayor,  al  the  expen  i 
the  owner,  and  such  expense  so  incurred  In  such  removal  may 


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be  recovered  of  said  owner  in  a  civil  action,  before  any  court 
of  competent   jurisdiction. 

(Id.  §  2.) 

246.  Penalty. — Any  person  refusing  or  neglecting  to  re- 
move or  repair  any  dangerous  cornice  or  structure,  within  the 
time  limited  in  any  notice  that  may  be  served  upon  him  by  the 
chief  of  fire  department,  as  aforesaid,  shall,  pay  a  fine  of  not  less 
than  twenty  dollars  ($20)  for  each  and  every  day  the  said 
cornice  or  structure  shall  be  permitted  to  remain  after  the  ex- 
piration of  the  time  limited  in  said  notice,  as  aforesaid. 

(Id.  §3.) 

247.  If  not  incombustible,  to  be  covered  with  metal,  when. 

— Appendages  to  any  business  building  above  the  first  story, 
and  above  thirty  (30)  feet  from  grade  of  sidewalk  on  any  other 
building,  if  not  wholly  of  incumbustible  material,  shall  be  en- 
veloped with  metal.  Dormer  windows,  cornices,  moldings, 
balconies,  bay  windows,  towers,  spires,  ventilators,  etc.,  shall 
be  considered  as  appendages. 

(Ord.  No.  340,  approved  June  22,  1883,  §  31.) 

248.  To  be  incombustible,  when. — All  cornices,  gutters, 
eaves,  and  parapets  (above  first  story  of  business  building, 
and  above  thirty  (30)  feet  from  grade  of  sidewalk  on  all  other 
buildings)  shall  be  made  of  incombustible  materials.  *  *  * 

(Id.  §31.) 

249.  Penalty  for  violation  of  provisions  of  Ord.  340. — Any 

person  who  shall  violate  any  of  the  provisions  of  this  ordi- 
nance, where  no  other  penalty  is  provided,  shall  be  subject  to 
a  fine  of  not  less  than  ten  dollars  ($10 )  nor  exceeding  one  hun- 
dred dollars  ($100)  for  each  and  every  offense. 

(Ord.  Xo.  310,  approved  June  22,  1883,  §  107.) 

COUNCIL  BADGES. 

(Resolution  approved  July  11,  1896.) 

250.  Badges  for  councilmen. 

The   Common  Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

That  every  member  of  the  Common  Council  of  the  City 
of  St.  Paul  be  supplied  with  a  silver  star  of  medium  size  on 


87 

which  shall  appear  in  distinct  letters  the  words  "Councilman 
City  of  St.  Paul."  which  star  when  worn  by  any  qualified 
member  of  the  Common  Council  shall  be  and  is  hereby  made 
the  badge  of  authority  of  such  councilman  as  an  officer  of 
the  peace  within  and  for  said  city  under  section  three  (3)  of 
Chapter  XVI  of  the  Municipal  Code  of  St.  Paul. 

The  cost  of  said  stars  shall  be  paid  out  of  the  general  fund 
and  they  shall  be  and  remain  the  property  of  the  City  of  St. 
Paul. 

DANGER  SIGNALS. 

Ordinance  No.  2407. 

(Approved  November  12,  1903. 1 

251.  An  Ordinance  providing  for  the  erection  and  mainte- 

nance of  guard-fences  and  barricades  and  the  placing 
of  danger  signals  upon  the  obstructed  portions  of 
streets  and  other  public  grounds  and  public  works. 

The   Common   Council  of  the  City  of  St.   Paul  do  ordain   as 

follows  : 

Sec.  1.  Guards  to  be  erected. — That  any  person,  linn  or 
corporation,  engaged  in  the  performance  of  any  work  which 
shall  require  the  use  or  occupancy,  in  whole  or  in  part  of  any 
street,  lane,  alley,  bridge,  tunnel,  viaduct  or  other  public 
grounds  or  public  works,  within  the  corporate  limits  of  the 
City  of  St,  Paul,  shall  properly  guard  and  protect  all  exposed 
and  dangerous  places,  whether  the  same  shall  be  an  excava 
tion  or  other  obstruction  in,  upon  or  along  such  street,  lane, 
alley,  bridge,  tunnel,  viaduct  or  other  public  grounds  or  public 
works,  by  erecting  and  maintaining  Mich  guard-fences  cr  bar- 
ricades as  may  he  necessary  to  properly  guard  and  proteel 
such  exposed,  obstructed  or  dangerous  places  aforesaid. 

252.  Sec.  2.  Lamps  and  signals. —  Ever)  person,  linn  or 
corporation,  i  d  in  the  performance  of  an)  work  described 
in  section  one  '  l  I  hereof  shall,  during  the  dark  parts  of  i 
and  every  day  and  during  all  of  each  and  even  night  while 
such  exposed,  obstructed  or  dangerous  place  or  places  shall  so 
remain,  place  thereon,  thereat  or  thereby,  danger  signals  or 
lamps,  t  wo  or  m< >re  as  the  case  ma)  require,  of  a  n  '1  i  olor,  and 


88 

in  the  most  conspicuous  places  and  in  such  a  manner  as  will 
warn  all  persons  approaching  the  same  of  the  existence  of  such 
exposed,  obstructed  or  dangerous  place. 

253.  Sec.  3.  Red  Lights. — The  lamps  hereinabove  men- 
tioned to  be  used  as  danger  signals  shall  in  every  instance  be 
provided  with  globes  of  red  glass. 

Sec.  4.  To  whom  applicable. — The  provisions  of  this  or- 
dinance are  applicable  to  and  shall  apply  to  any  person,  firm, 
corporation  or  individual  who,  for  any  cause,  may  have  occa- 
sion to  use  or  occupy  any  such  street,  alley,  lane,  bridge,  tun- 
nel, viaduct  or  other  public  grounds  or  public  wrorks  either 
for  himself  and  individually,  or  as  the  agent  or  contractor  of 
others,  or  of  the  City  of  St.  Paul,  or  otherwise,  and  in  any 
manner. 

254.  Sec.  5.  Penalty. — Any  person,  firm,  corporation,  or 
other  individual  who  shall  be  guilty  of  violating  any  of  the 
foregoing  provisions  of  this  ordinance  shall,  upon  conviction 
thereof  before  any  court,  having  jurisdiction  of  such  case,  be 
punished  by  a  fine  of  not  less  than  ten  ($10)  dollars  or  more 
than  one  hundred  ($100)  dollars,  and  such  fine  shall  not  in 
any  manner  affect  or  diminish  the  liability  of  such  offender  for 
any  loss,  damage  or  injury  that  any  person  or  persons  may 
receive  or  sustain  by  reason  of  such  omission. 

255.  Sec.  6.  Same. — Any  person  who  shall  remove,  injure, 
destroy,  or  in  any  manner  interfere  with  any  of  the  guard 
fences,  barricades  or  signal  lamps  erected  or  placed,  pursuant 
to  the  provisions  of  this  ordinance  or  any  person  who  not  en- 
gaged in  or  upon  the  work  thus  guarded  shall  cross  or  attempt 
to  cross  over  or  under  such  guard  fences  or  barricades  afore- 
said, shall,  upon  conviction  thereof,  be  punished  by  a  fine  of 
not  less  than  ten  ($10)  dollars  nor  more  than  one  hundred 
($100)  dollars,  or  by  imprisonment  in  the  workhouse  for  not 
less  than  ten  (10)  days  nor  more  than  ninety  (90)  days. 

256.  Sec.  7.  Old  ordinances  repealed. — The  provisions  of 
Ordinance  No.  526,  approved  June  2,  1885,  as  amended  by 
Ordinance  No.  716,  approved  September  7,  1886,  are  hereby 
repealed. 

Sec.  8.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 


89 


DESTITUTE  OR  DISEASED  PERSONS. 

(See,  also,  Health  Department.) 

257.  Unlawful  for  steamboat  captain,  railroad  company,  or 
others  to  bring  or  leave  persons  with  contagious  disease,  or 
diseased  or  destitute,  without  providing  for  care,  etc. — Penalty. 
— If  any  owner,  captain,  or  master  of  any  steamboat,  keel  boat, 
barge,  or  raft,  or  any  other  person  or  persons,  or  railroad  com- 
panies or  other  corporations,  shall,  in  any  way  or  by  any 
means,  bring  or  leave,  or  suffer  or  permit  to  be  brought  or  left, 
any  person  or  persons  within  the  limits  of  the  City  of  St.  Paul 
who  is  afflicted  with  any  contagious  disease,  or  in  a  diseased 
or  destitute  condition,  and  fail  to  make  and  provide  means  for 
the  necessary  comfort,  care,  subsistence,  and  attention  of  such 
persons,  he  or  they  so  offending  shall  be  fined  in  any  sum  not 
exceeding  one  hundred  dollars   ($100). 

(Ord.  approved  Oct.  7,  1869,  also  in  Article  XLVL,  Municipal 
Code  188-1,  §  1.) 

258.  Neglect  to  provide  for  support  of  destitute — Remedy. 
— If  any  person  named  in  the  above  section,  or  otherwise,  shall 
neglect  to  provide  the  means  of  support  for  such  destitute  per- 
sons, the  same  ma}'  be  done  by  the  mayor  or  board  of  health, 
or  city  health  inspector,  and  then  the  offending  person  or  per- 
sons be  compelled  to  pay  for  the  same,  and  all  incidental  ex- 
penses therein,  and  such  expenses  shall  be  included  in  any  fine 
imposed  for  a  violation  of  this  ordinance,  or  the  same  ma)  In- 
recovered  in  the  name  of  the  City  of  St.  Paul,  before  any  court 
of  competent  jurisdiction  in  an  action  of  debt  or  other  proper 
action. 

•Id.    §2.) 

DISORDERLY  HOUSES— HOUSES  OF  ILL-FAME. 

259.  Disorderly  houses  and  houses  of  ill-fame,  and  resort- 
ing thereto,  unlawful — Penalty. — Any  person  or  persons  who 
shall,  within  the  limits  of  the  City  of  St.  Paul,  keep  a  hou 
ill-fame,  or  a  place  resorted  to  for  the  purpose  of  prostitution 
or  lewdness,  or  who  shall  keep  a  disorderl}  or  ill-governed 
house  or  place,  or  a  house  or  placi  for  the  practice  of  Fori 
tion,  or  for  the  resorl  of  persons  of  evil  name  oi   fame,  or  <lis- 


90 

honest  conversation,  or  who  shall  permit  or  suffer  to  come  to- 
gether, at  such  houses  or  place,  persons  of  ill  name  or  fame,  or 
who  shall  commit  or  suffer  to  be  committed  therein  any  im- 
moral, immodest,  or  other  improper  conduct  or  behavior,  or 
any  tippling,  revelling,  rioting  or  disturbance,  and  all  persons, 
male  or  female,  who  resort  to  or  visit  such  disorderly  houses 
or  houses  of  ill-fame  for  the  purpose  of  fornication  or  dishon- 
est conversation  or  any  immoral,  immodest  or  other  improper 
conduct  or  behavior,  or  any  tippling,  revelling,  rioting,  or  dis- 
turbance, every  person  shall,  on  conviction  thereof  before  the 
judge  of  the  municipal  court,  be  punished  by  a  fine  not  less 
than  twenty-five  dollars  ($25)  nor  more  than  one  hundred 
dollars  ($100),  or  by  imprisonment  not  exceeding  ninety  (90) 
days. 

(Ord.  No.  1856,  approved  Dec.   19,  1895,  §  1.) 

260.  Unlawful  for  occupants  of  any  premises  to  commit  or 
suffer  to  be  committed  any  rioting,  disorderly  conduct,  etc., 
calculated  to  disturb  neighborhood,  etc. — Xo  person  or  persons 
within  the  City  of  St.  Paul,  shall  commit  or  suffer  to  be  com- 
mitted, in  any  house  or  other  building  or  premises  by  him,  or 
her.  or  them  occupied,  any  rioting,  quarreling,  fighting,  revel- 
ling, drunkenness,  or  any  other  disorderly  conduct,  calculated 
to  disturb  the  neighborhood,  or  annoy  travelers  or  others. 

(Id.  §2.)    " 

261.  Penalty  for  violating  provisions   of  ordinance. — Any 

person  or  persons  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  punished  by  a  fine  not  Tess  than  twenty-five  dol- 
lars ($25)  nor  more  than  one  hundred  dollars  ($100),  or  by 
imprisonment  for  not  less  than  thirty  (30)  days  nor  more  than 
ninety  (90)  davs. 

(Id.  §3.) 

DISORDERLY  CONDUCT. 

262.  An  Ordinance  to  prohibit  lewd  conduct  or  behavior. 

The  Common   Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.    1.     Lewd   Conduct. — Any   person  who  shall   appear 
in   any   street  or   common   highway  or   open   or   public   place 


91 

in  said  City  of  St.  Paul,  or  in  any  window,  door  or 
other  place  exposed  to  the  public  view,  in  said  city, 
and  shall  invite  or  induce,  or  attempt  to  induce  another 
to  lewd  intercourse  or  behavior,  or  who  shall  appear 
in  such  street  or  highway  or  other  place  exposed  to  pub- 
lic view  for  the  purpose  of  inviting"  or  inducing  or  at- 
tempting to  induce,  another  to  such  intercourse  or  behavior, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars 
($25)  nor  more  than  one  hundred  dollars  ($100).  or  by  im- 
prisonment for  not  less  than  thirty  (30)  days  nor  more  than 
ninety  (90)  days. 

Sec.  2.     This  ordinance  shall  take  effect  and  be  in   force 
from  and  after  its  passage  and  publication. 

(Ord.  No.  1S85,  approved  Aug.  10,  1896.) 


DOGS. 

Ordinance  No".  1997. 

(Approved  August  5,  1898.) 

263.  An  Ordinance  relating  to  the  licensing,  muzzling  and 

otherwise  regulating  the  owning  and  keeping  of 
dogs,  and  to  provide  for  their  summary  destruction 
when  at  large,  contrary  to  the  ordinance. 

The  Common  Council  of  the  City  of  St.    Paul  do  ordain  as 

follows  : 

Sec.  1.  Must  be  licensed. —  No  person  within  the  City  of 
St.  Paul  shall  own  or  keep  any  dog  of  any  variety  whatsoever 
which  is  over  the  age  of  three  months,  within  the  limits  of  said 
city,  at  an)  lime  what  soever,  without  first  having  obtained  a 
license  therefor,  as  hereinafter  provided. 

264.  Sec.  2.  License  fee — How  paid. —  \ny  person  desir- 
ing  to  own  or  keep  :i  dog,  .is  provided  in  section  one,  shall 
first  apply  to  the  City  Clerk  of  St.  Paul  for  a  license  therefor, 
and  -hall  pa>  to  -.-lid  Ciu  Clerk  the  sum  of  one  ($1  i  dollar,  ii 
tin-  dog  for  which  the  license  he  desired  i-  a  male  'I"'.',  and  the 
sum  of  three  ($3)  dollars  it'  the  dog  for  which  the  license  be 
desired  is  a  female  dog;  and  thereupon   the  said  City   Clerk 


92 

shall  issue  to  such  person  so  applying  for  a  license  for  such 
dog  which  shall  last  for  a  period  of  one  year  from  the  date  of 
its  issue,  and  at  the  same  time  said  City  Clerk  shall  register 
said  dog  by  entering  in  a  book  kept  by  him  for  such  purpose, 
the  number  of  such  dog,  the  name  and  residence  of  his  owner,, 
and  the  date  of  the  expiration  of  such  license. 

265.  Sec.  3.  Tag  for  license. — At  the  time  of  the  issuing 
of  the  license,  as  provided  in  section  two,  said  City  Clerk  shall 
deliver  to  the  person  to  whom  the  license  is  issued  a  metallic 
tag  upon  which  shall  be  stamped  or  engraved  the  words  "dog 
license"  and  the  registered  number  of  such  dog.  Such  tag^ 
shall  be  furnished  by  said  City  Clerk  at  an  expense  to  the  City 
of  St.  Paul  of  not  more  than  five  cents  for  each  tag. 

It  shall  be  the  duty  of  the  owner  or  keeper  of  the  dog  for 
which  such  tag  is  given,  to  place  and  keep  around  the  neck 
of  such  dog  a  collar  to  which  the  tag  shall  be  securely  at- 
tached, and  it  shall  be  unlawful  for  the  said  owner  or  keeper 
to  allow  such  clog  to  run  at  large,  whether  licensed  or  not, 
within  the  limits  of  said  city,  unless  it  wears  the  collar  and  tag^ 
above  described. 

In  case  any  such  tag  is  lost  or  stolen  after  the  same  is 
issued,  the  owner  or  keeper  of  the  dog  for  which  such  tag  was 
issued,  upon  presenting  and  surrendering  to  the  said  City 
Clerk  the  license  or  receipt  issued  when  the  said  dog  was  regis- 
tered and  licensed  as  aforesaid,  shall  receive  a  duplicate  license 
tag  and  a  duplicate  license  upon  the  payment  to  said  City 
Clerk  of  the  sum  of  twenty-five  (25)  cents,  which  shall  be  in 
the  same  form  as  the  original  tag,  except  as  to  the  number 
thereof,  but  no  person  shall  be  granted  such  duplicate  tag  urt- 
4ess  the  original  tag  has  actually  been  lost  or  stolen,  and  the 
City  Clerk  may  require,  before  issuing  such  duplicate  tag,  an 
affidavit  from  the  person  applying  therefor  that  such  tag  has 
been  lost  or  stolen,  and  the  details  thereof,  and  that  such  tag 
is  not  at  any  time  in  his  possession  or  control. 

It  shall  be  unlawful  for  any  person  to  make,  sell,  purchase 
or  transfer  in  any  way  such  tag,  or  counterfeit  the  same  in  any 
way,  or  to  place  or  permit  to  be  placed  any  tag  so  made,  sold, 
purchased,  transferred  or  counterfeited  upon  his  dog,  or  any 
dog  in  his  custody  or  keeping,  or  place  or  permit  to  be  placed 


93 

any  tag  issued  as  aforesaid  upon  any  dog  other  than  the  one 
for  which  such  tag  was  issued  by  the  City  Clerk. 

266.  Sec.  4.  Not  allowed  at  large. — No  dog  shall  be 
permitted  by  its  owner  or  keeper  to  run  at  large  in  the  City  of 
St.  Paul  unless  the  same  is  licensed  and  has  attached  to  its 
collar  a  tag  as  aforesaid,  and  it  shall  be  lawful  for  any  per- 
son to  capture,  detain  and  deliver  up  to  the  proper  authorities 
any  dog  found  running  at  large  contrary  to  this  ordinance. 

267.  Sec.  5.  Ferocious  dogs. — It  shall  be  unlawful  for  any 
person  at  any  time  within  the  City  of  St.  Paul  to  permit  to 
run  at  large  therein,  any  dog  of  a  ferocious  or  vicious  charac- 
ter, habit  or  disposition,  or  which  may  be  diseased  in  any  man- 
ner, or  any  female  dog,  while  such  dog  is  in  heat,  whether  such 
ferocious,  vicious,  diseased  or  female  dog  is  licensed  or  not. 
And  it  shall  be  lawful  for  any  person  to  capture,  detain  and 
deliver  up  to  the  proper  authorities  any  of  the  dogs  mentioned 
in  this  action,  found  running  at  large  in  the  City  of  St.   Paul. 

268.  Sec.  6.  Muzzling. — The  mayor,  with  the  consent  of 
the  Common  Council,  may  at  any  time  make  an  order,  requir- 
ing all  dogs  within  the  City  of  St.  Paul,  running  at  large,  to 
be  muzzled  in  a  manner  such  order  may  prescribe;  such  order 
shall  be  published  for  three  successive  days  in  the  official  paper 
of  said  city,  and  after  such  publication,  it  shall  be  unlawful 
for  any  person  to  permit  any  dog,  whether  licensed  <>r  not,  t<> 
rim  at  large  within  the  City  of  St.  Paul,  without  being  securely 
muzzled,  as  provided  in  said  order,  until  Mich  order  is  revoked. 

269.  Sec.  7.  Dog  license  inspector. — The  mayor  of  the  City 
of  St.  Paul  is  authorized  and  directed,  immediatel)  after  the 
passage  of  this  ordinance,  to  detail,  for  such  time  as  he  may 
deem  necessary,  a  police  officer  to  do  dnt\  as  a  dog  license 
inspector.  It  shall  be  tin-  dut}  of  such  inspector  to  make  and 
Ide  with  the  City  Clerk,  as  -- »- »n  a^  practicable  after  the  firsl 
of  August,  L898,  and  annually  thereafter,  on  or  before  the  firsl 
day  of  July,  an  itemized  report  of  the  number,  description  and 

the  names  of  tin-  keepers  or  owners  of  all  dogs  within  the  City 
of  St.    Paul,  and   in  each   report,  so  rendered,  after  the  firsl    re 

port,  hereinbefore  provided   for,  such  inspector  shall  giv< 
accounl  ol  hi-  doings  in  connection  with  tin    enforcement  of 


94 

this  ordinance.  1 1  shall  also  be  the  duty  of  such  inspector, 
from  time  to  time,  to  notify  the  owners  or  keepers  of  dogs, 
which  may  have  been  licensed  under  this  ordinance,  shortly 
before  the  expiration  of  any  such  license,  of  the  fact  of  such 
expiration,  and  he  shall  see  that  after  such  license  expires  a 
new  license  is  taken  out,  if  such  owner  or  keeper  continues  to 
own  or  keep  such  dog.  Said  inspector  shall,  in  general,  see 
that  the  provisions  of  this  ordinance  are  carried  out,  and  per- 
form such  other  duties  in  connection  therewith  as  may  be  im- 
posed, from  time  to  time,  bv  the  mavor  or  the  Common  Coun- 
cil. 

270.  Sec.  8.  Duty  of  police. — It  shall  be  the  duty  of  the 
police  department  and  the  police  officers  thereof  to  enforce  the 
provisions  of  this  ordinance,  and  particularly  it  shall  be  the 
duty  of  each  police  officer,  from  time  to  time,  to  report  to  the 
chief  of  police  all  dogs  owned  or  kept  within  the  district  which 
said  officer  is  assigned  to  patrol,  and  shall  report  in  detail  what 
dogs  of  those  within  such  district  are  without  licenses  and 
tags,  or  are  at  large,  contrary  to  the  provisions  of  this  ordi- 
nance. And  such  police  officer  shall  have  the  right  to  make 
reasonable  demand  at  any  time  of  any  owner  or  keeper  of  any 
dog,  whether  within  his  district  or  not,  that  he  exhibit  the  tag 
and  license  for  such  dog,  and  it  shall  be  unlawful  for  any  such 
owner  or  keeper,  on  such  demand,  to  refuse  to  exhibit  such 
license  or  tag. 

271.  Sec.  9.  Special  pound  masters. — The  chief  of  police, 
under  the  direction  and  authority  of  the  mayor,  is  hereby  au- 
thorized to  employ,  from  day  to  day,  when  he  may  deem  it 
necessary,  a  sufficient  number  of  men  and  teams,  whose  duty 
it  shall  be  to  capture  and  convey  to  the  dog  pound,  and  care 
for,  kill  and  dispose  of  all  dogs  running  at  large,  contrary  to 
this  ordinance.  Such  persons,  so  employe'd,  shall  act  under 
the  supervision  of  a  police  officer  or  officers,  to  be  detailed  by 
the  mayor,  to  accompany  such  persons,  while  so  capturing, 
conveying  and  disposing  of  such  dogs,  each  of  said  men,  so 
employed,  to  be  paid  at  a  rate  of  not  to  exceed  two  ($2)  dol- 
lars per  day,  without  a  team  and  wagon,  and  not  to  exceed 
three  ($3)  dollars  a  day,  with  a  team  and  wagon.  Provided, 
that  such  chief  of  police  shall  not  have  any  authority,  under 


95 

this  ordinance,  to  incur  an  indebtedness  as  herein  provided  in 
excess  in  the  sum  of  two  hundred  ($200)  dollars,  without 
further  authority  from  the  Common  Council. 

272.  Sec.  10.  Captured  dogs — How  kept. — All  dogs  con- 
veyed to  the  dog  pound  shall  be  kept,  with  human  treatment 
and  sufficient  food  and  water,  at  least  three  days,  unless  sooner 
reclaimed  as  herein  provided.  In  case  the  owner,  keeper  or 
person  rightfully  in  control  of  any  dog  before  his  capture  shall 
desire  to  redeem  such  dog  from  the  dog  pound,  such  dog  may 
be  released  from  the  dog  pound  upon  the  payment  of  such  per- 
son of  the  sum  of  one  ($1)  dollar,  which  shall  be  for  the  de- 
fraying of  expenses  of  keeping  said  dog  so  impounded,  and 
upon  the  further  payment  of  the  regular  license  fee  required 
for  such  dog.  Said  payments  shall  be  made  to  the  dog  license 
inspector  or  to  the  person  in  charge  of  such  pound,  in  return 
for  which  such  person  so  entitled  to  receive  said  dog  shall  re- 
ceive from  the  dog  license  inspector  or  person  in  charge  of  said 
dog  pound  a  receipt  showing  that  such  payments  have  been 
made,  and  upon  which  receipt,  when  presented  to  the  city 
clerk,  shall  be  issued  a  regular  license  and  tag  for  such  dog, 

273.  Sec.  11.  Captured  dogs — How  killed. — At  the  expira- 
tion of  three  days  from  the  time  any  dog  is  impounded,  as 
herein  provided,  if  the  same  has  not  been  reclaimed  in  accord- 
ance with  the  provisions  of  the  preceding  sections,  the  dog 
license  inspector  shall  cause  such  dog  to  be  killed  either  by 
drowning  or  the  use  of  gas,  according  to  the  most  human  and 
approved  methods,  as  may  be  directed  by  the  mayor,  and  the 
remains  shall  be  sold  or  disposed  of  in  thi'  manner  prescribed 
by  the  (A  >mmAsi<  mei    i  ii    I  tealth. 

Said  dog  license  inspector  or  person  in  charge  ■  ■  t  the 
pound  as  aforesaid  shall  monthl)  pa)  over  to  the  Cii\  Clerk 
all  moneys  received  by  him  for  reclaimed  dogs  and  from  the 
-ale  of  carcasses,  or  otherwise,  and  shall   tile  with  said   City 

Clerk   an    itemized    monthly    acCOUnl    and    report    thereof. 

Said  dog  license  inspector  shall  also,  m  his  ■-aid  monthly 
report,  render  an  accounl  of  all  dogs  received  al  'he  pound 
and  of  all  dogs  killed  or  reclaimed  therefrom. 


96 

274.  Sec.  12.  Dogs— Who  bite — May  be  killed. — When- 
ever any  dog  within  the  City  of  St.  Paul  shall  have  bitten  any 
person  or  animal,  or  shall  have  been  reported  to  the  Commis- 
sioner of  Health  as  being  diseased,  or  of  a  ferocious  or  vicious 
character,  habit  or  disposition,  whether  said  dog  be  licensed 
or  not  it  shall  be  the  duty  of  the  dog  license  inspector,  and  he 
is  hereby  authorized,  to  take  .such  dog,  whether  licensed  or 
not,  to  the  dog  pound  and  there  keep  the  same  for  such  time 
as  said  Commissioner  of  Health  may  direct  for  the  purpose  of 
enabling  said  Commissioner  of  Health  to  determine  whether 
or  not  such  dog  is  diseased ;  and  if  said  Commissioner  of 
Health,  after  investigation,  shall  be  of  opinion  that  such  dog 
is  diseased  in  such  manner  or  to  such  extent  as  to  endanger 
the  public  health  or  safety,  he  shall  cause  said  dog  to  be  killed, 
after  three  days'  notice  of  one  publication  in  the  official  paper 
of  St.  Paul,  and  no  diseased  dog  shall  be  killed  until  so  ordered 
by  said  Commissioner  of  Health. 

275.  Sec.  13.  No  one  to  interfere. — No  person  shall  in  any 
manner  interfere  with  or  molest  or  hinder  any  person  lawfully 
engaged  in  complying  with  or  enforcing  or  attempting  to  en- 
force any  of  the  provisions  of  this  ordinance. 

276.  Sec.  14.  Penalty  for  interference. — Whoever  violates 
any  of  the  provisions  of  this  ordinance  shall,  on  conviction 
thereof  by  the  municipal  court  of  said  city,  be  punished  by  a 
fine  of  not  exceeding  twenty-five  ($25)  dollars,  or  by  impris- 
onment for  a  period  not  exceeding  fifteen  (15)  days. 

277.  Sec.  15.  Fees — How  to  be  paid  over. — The  City  Clerk 
shall  pay  over  monthly  to  the  City  Treasurer  of  the  City  of 
St.  Paul  all  moneys  received  by  him  under  the  provisions  of 
this  ordinance,  together  with  all  other  moneys  received  for 
the  releasing  of  dogs  from  the  dog  pound  as  hereinbefore  pro- 
vided, or  received  by  the  said  license  inspector,  or  from  any 
other  service  whatsoever,  provided  for  in  this  ordinance. 

278.  Sec.  16.  Expenses  of  inspector. — All  expenses  in- 
curred in  carrying  out  the  terms  of  this  ordinance  and  which 
are  hereinbefore  authorized  to  be  incurred,  shall  be  paid  out 
of  the  sreneral  fund  of  the  Citv  of  St.  Paul. 


97 

279.  Sec.  17.  Old  ordinances  repealed. — Ordinance  No. 
1922  as  amended  by  Ordinance  No.  1933,  and  Ordinance  No. 
1926,  and  all  other  ordinances  and  parts  of  ordinances  incon- 
sistent herewith  are  hereby  repealed. 

Sec.  18.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

(Ord.  No.  199;,  approved  Aug.  5,  1898.) 

280.  Penalty  for  refusing  to  license  or' for  refusing  to  sur- 
render dog  not  licensed. — Any  person  owning  or  keeping  any 
dog,  male  or  female,  which  is  permitted  to  run  at  Large,  and 
refusing  to  pay  the  license  therefor,  as  hereinabove  provided, 
and  refusing  to  surrender  such  dog  to  the  person  authorized 
to  collect  dogs  upon  which  the  license  has  not  been  paid,  shall, 
upon  conviction  thereof,  before  the  municipal  court  in  said 
city,  be  fined  in  a  sum  not  less  than  five  dollars  ($5)  nor  more 
than  twenty-five  dollars  ($25). 

(Ord.  Xo.  1819,  approved  May  313  1895,  §7.) 

281.  Penalty  for  anyone  except  owner  setting  dogs  at  large. 
— All  persons,  except  the  owners,  are  hereby  prohibited  from 
opening  any  door  or  gate  of  any  private  premises  for  the  pur- 
pose of  setting  any  dogs  at  large,  or  otherwise  enticing  or 
enabling  any  dog  to  leave  any  private  premises  within  which 
such  dog  may  be,  for  the  purpose  of  setting  such  dog  at  large  ; 
and  any  person  violating  the  provisions  of  this  section  shall, 
upon  conviction  thereof,  be  fined  not  less  than  five  dollars  ($5) 
nor  more  than  twenty  dollars   ($20). 

(Id.  §  8.) 

282.  Inconsistent  ordinances  repealed. — All   ordinances   or 

parts  of  ordinances  inconsistent  with  the  provisions  of  this 
ordinance   are  hereby    repealed. 

283.  Penalty  for  refusing  to  deliver  vicious  dog  to  police. — 
It  is  hereby  declared  unlawful   for  the  owner  or  keeper  of  an} 

vicious  dog  within  the  city  to  refuse  to  deliver  the  same  up  to 
any  police  officer  whenever  required  for  the  purpose  of  being 
killed,  and  any  owner  or  keeper  of  any   dangerous  or  vicious 

dog  who,  after  demand   by  a  police  officer,  shall   refuse  or   ne- 
glect  to  surrender  the  same  for  the  purpose  of  being  killed, 

shall,  on   conviction   in   the   municipal   court,   he    lined   in   ;i   Mini 


98 

of  not  less  than  twenty-five  dollars  ($25)  nor  more  than  one 
hundred  dollars  ($100). 

(Ord.  No.  1120,  approved  April  16,  1889,  §  1.) 

284.  Vicious  dogs  to  be  killed. — Any  vicious  or  dangerous 
dog,  upon  being  delivered  up  to  any  police  officer  under  this 
ordinance,  shall  be  killed  by  said  officer,  or  by  any  police  officer 
of  this'citv. 

285.  Penalty  for  harboring  dog  which  runs  out  and  barks 
at  any  person,  etc.,  or  which  disturbs  the  neighborhood  at 
night. — It  is  hereby  made  a  misdemeanor  for  any  person, 
owner,  or  keeper  to  harbor,  or  maintain  at  any  place  within  the 
limits  of  the  City  of  St.  Paul,  any  dog  or  clogs  which  shall 
run  out  and  bark  at  any  person,  horse,  or  other  passing  object 
upon  or  along  any  street,  highway,  or  other  public  ground 
within  the  limits  of  said  city,  or  which,  by  its  barking,  howl- 
ing, whining,  or  other  disagreeable  noises  by  it  or  them  made 
during  the  night  time,  disturb  the  people  in  the  locality  where 
owned,  kept  or  maintained,  and  upon  conviction  before  the 
municipal  court  of  this  city  of  being  the  owner,  keeper,  or 
person  who  maintains  such  dog  or  dogs  above  mentioned,  shall 
be  subject  to  a  fine  and  fined  by  said  court  in  a  sum  not  less 
than  five  dollars  ($5)  nor  more  than  twenty-five  dollars  ($25  I 
for  the  first  offense,  and  of  not  less  than  fifteen  dollars  ($15) 
nor  more  than  fiftv  dollars   ($50)   for  the  second  offense. 

(Id.  §2.) 

DRUNKENNESS. 

286.  Penalty  for  appearing  on  streets  or  alleys  while  in  a 
state  of  open  and  notorious  intoxication. — Any  person  or  per- 
sons who  shall  appear  upon  the  streets  or  alleys  of  said  city 
in  a  state  of  open  and  notorious  intoxication  shall  be  punished 
by  a  fine  of  not  less  than  one  dollar  ($1)  nor  more  than  one 
hundred  dollars  ($100),  or  by  imprisonment  for  not  less  than 
five  (5)  days  nor  more  than  ninety  (90)  days. 

(Ord.  Xo.   1S55,  approved  Dec.  19.  1895,  §  1.) 


99 

ELECTRIC      WIRES       (TELEGRAPH,      TELEPHONE, 
ELECTRIC    LIGHT)— CONDUITS,     SUBWAYS. 

I  See,  also,   Building  Code  and  City  Charter.) 

287.  Telegraph,  telephone,  electric  light  wires — Penalty 
for  laying  above  city  fire  alarm  wires,  for  refusing  to  remove 
when  ordered,  and  for  interfering  with  city  fire  alarm  wires. — 
That  any  person  or  persons  who  shall  hereafter  lay  any  tele- 
graph, electric  light,  or  telephone  wires  above  the  city  fire 
alarm  wires,  or  any  manager,  agent,  or  other  person  being  in 
charge  oi  any  telegraph,  or  telephone,  or  electric  light  line  in 
said  city  who  shall  refuse  to  remove  any  telegraph,  electric 
light,  or  telephone  wire  heretofore  laid,  on  being  requested  s<» 
to  do  by  the  chief  engineer  of  the  tire  department,  or  any  per- 
son or  persons  who  shall  cut  or  in  any  manner  whatever  in- 
terfere with  the  city  fire  alarm  wire,  shall,  on  conviction,  pay 
a  fine  bi  not  less  than  twenty-five  dollars  ($25)  nor  exceeding 
one  hundred  dollars  ($100)  for  each  offense. 

(Ord.  Mo.  378,  approved   March   18,   L884,  §  1.) . 

288.  Fire  alarm  telegraph — Superintendent  may  remove 
obstructing  wires. — Thai  the  superintendent  of  the  fire  alarm 
telegraph  of  the  City  of  St.  Paul  be,  and  is  hereby,  authorized 
and  empowered  to  remove  any  telegraph,  telephone,  or  elec- 
tric light  wire  coming  in  contact  with  or  endangering  the  Free 
and  unobstructed  working  of  the  fire  alarm  system  of  said  city. 

(I  >nl.   Xo.  378,  approved   .March    Is.    issi,  §  1.) 

289.  Telegraph,  telephone,  electric  light  wires,  poles,  etc. — 
To  be  removed  from  certain  streets,  when — Overground  sys- 
tem forbidden  within  certain  limits. — Thai  ever)  compaii)  or 
individual  now  or  hereafter  owning  or  operating  an)  telegraph 
or  telephone,  or  electric  lighl  or  power  wires  or  cables,  or  the 
pole-,  or  appliances  used  in  connection  therewith,  now  lo< 

in  or  over  any  streets,  alleys  or  public  grounds  in  the  City 
of  St.  Paul,  included  in  tin  streets  hereinafter  named,  and  in 
the  territory  bounded  thereby,  shall  remove  or  cau 
removed,  from  above  the  surface  of  said  streets,  alleys  and 
public  grounds,  or  parts  thereof,  all  such  wires,  poles,  oi  ap- 
pliances, on  or  before  the  firsl  day  "i  Januar) .  L891  ;  and  with- 
in  the  limits  of  said  following  described  districl  no  person,  in- 


100 

dividual,  Company,  or  corporation  shall  hereafter  have  the 
right  to  construct,  erect,  or  maintain  any  overground  systepi 
of  electrical  wires  whatsoever,  viz:  On  both  sides  of  the 
following  streets  and  in  the  territory  bounded  thereby,  viz: 
Commencing  at  the  intersection  of  Broadway  and  Third  street; 
thence  north  on  Broadway  to  Sixth  street;  thence  east  on 
Sixth  street  to  Kittson  street ;  thence  north  on  Kittson  street 
to  Eighth  street ;  thence  west  on  Eighth  street  to  Wabasha 
street;  thence  south  on  Wabasha  street  to  Seventh  street; 
thence  west  on  Seventh  street  to  Fifth  street;  thence  west  on 
Fifth  street  to  Third  street;  thence  south  and  east  on  Third 
street  to  Broadway,  the  point  of  beginning. 

(Ord.  Xo.  16:5,  approved  April  18,  1893,  §  1.) 

290.  Poles,  etc.,  within  certain  limits,  forbidden  after  Jan. 
1,  1897 — Exception — Remedy  for  neglect  to  remove. — It  shall 
be  unlawful  for  any  person  or  company  owning,  operating  or 
leasing  electrical  wires,  to  use  or  maintain  any  poles,  brackets, 
or  other  devices  for  supporting  such  wires  in  any  street,  alley, 
or  public  ground  in  the  City  of  St.  Paul  within  the.  limits  as 
described  in  section  one  (1)  of  this  ordinance,  after  the  first 
day  of  January,  189-7,  except  as  hereinafter  expressly  allowred; 
and  in  case  of  neglect  or  refusal  on  the  part  of  any  individual 
or  company  operating  in  said  district  to  remove  its  poles  and 
appliances  therefrom  within  the  time  specified,  it  shall  be  the 
duty  of  the  mayor  of  the  City  of  St.  Paul  to  order  such  poles 
and  appliances  cut  down  and  removed,  and  the  expense  thereof 
charged  against  said  individual  or  company  owning  or  leas- 
ing the  same.  (Id.  §  2.) 

291.  Underground  wires,  conduits,  subways — Who  may 
maintain. — Any  person,  company,  or  corporation  now  owning 
poles  or  operating  electric  wires  in  the  district  heretofore  de- 
scribed by  virtue  of  any  ordinance  of  this  city  may,  on  filing 
with  the  City  Clerk  a  written  acceptance  of  all  the  terms  of 
this  ordinance  and  all  the  provisions  therein  contained,  have 
the  right  to  place  such  wires  under  ground  in  conduits  or 
subways  within  the  limits  described  by  said  ordinance  and 
upon  the  terms  and  conditions  herein  stated,  precedence  being 
given  in  order  of  application. 

(Id.  §  3.) 


101 

292.  Same — Permission  of  Council — When  necessary. — 
Any  person,  company  or  corporation  who  do  not  at  the  time 
of  the  passage  of  this  ordinance  own  any  poles  or  operate  any 
wires  in  the  district  before  mentioned  must  first  obtain  per- 
mission and  authority  from  the  Common  Council  before  being- 
allowed  any  of  the  rights  and  privileges  conferred  by  this  ordi- 
nance. 

(Id.  §4.) 

293.  Wires,  poles,  etc.,  to  be  removed  from  above  surface  of 
street,  in  what  amounts  and  within  what  times. — Any  person, 
company,  or  corporation  now  owning  poles  or  operating  elec- 
tric wires  in  the  district  heretofore  described,  by  virtue  of  any 
ordinance  of  this  city,  shall  remove,  or  cause  to  be  removed, 
from  above  the  surface  of  the  streets,  alleys,  and  public 
grounds  of  this  city,  all  their  wires,  poles,  or  appliances  in 
the  following  amounts  and  within  the  times  following,  to-wit: 

All  the  lines,  wires,  poles  and  appliances  on  at  least  two 
thousand  (";?,< )<)<))  feet  of  streets  or  alleys  in  the  year  1893,  and 
for  at  least  four  thousand  (  L,000)  additional  feet  in  the  year 
1894,  and  for  at  least  six  thousand  (0,000)  additional  feet  in 
the  year  1895,  and  the  balance  on  or  before   I  an.   1.  L897. 

(Id.  §  5.) 

294.  Alleys,  wires  and  poles  in,  above  ground. — The  city 
engineer  may  allow  any  company  accepting  the  provisions  oi 
this  ordinance  and  operating  thereunder  the  right  to  place 
wire-  and  poles  above  ground  in  alleys  in  such  manner  as  lie 
may  designate;  the  same  to  be  used  for  distribution  only,  ami 

in  »1    a-   main   lines. 

.1.1.  §6.) 

295.  Conduits,  subways — Manner  of  construction — Time 
for  beginning  and  completing  construction — Permission  of 
council  for  additional  conduits  or  subways. —  The  main  con 
duits  or  subways  herein  authorized  shall  be  laid  in  streets  and 
avenues  in  a  line  parallel  with  the  curb  lines  thereof  and  at 
such  distances  from  the  curbstom  as  shall  not  interfere  with 
water,  gas,  and  sewer  pipes  already  in  said  streets  and  ave 
nnes,  and  all  -aid  conduits  or  subways  -hall  he  constructed 
tinder  the  supervision  of  the  city  engineer  oi  the  Cit)   ol  St. 


102 

Paul,  and  in  snch  part  of  streets  or  avenues  as  shall  be  desig- 
nated by  snch  officer,  and  all  plans  and  details  of  said  con- 
duit or  subways  in  any  street  in  the  City  of  St.  Paul  shall  be 
submitted  and  approved  by  such  officer  and  filed  in  the  office 
of  the  city  engineer  before  any  such  conduit  or  subway  shall 
be  laid.  The  grantees  herein,  their  successors,  or  assigns,  shall 
commence  the  construction  of  such  conduits  or  subways  as 
they  are  hereby  authorized  to  construct  within  six  (6)  months 
from  the  acceptance  of  this  ordinance,  and  shall  complete  the 
construction  thereof  on  or  before  Jan.  1,  1897,  and  shall  not 
thereafter  have  any  right  to  construct  any  new  or  additional 
conduit  or  subway  except  with  the  permission  and  authority  of 
the  Common  Council. 

(Id.  §7.) 

296.  Opening  of  street,  etc. — Application — Permit — Regu- 
lations— Skilled  workmen,  when  necessary. — Before  opening 
any  street,  avenue,  or  alley,  or  any  public  place,  the  grantees 
herein,  their  successors  and  assigns,  shall  make  application  to 
the  city  engineer  of  the  City  of  St.  Paul,  in  writing,  stating 
the  place  wdiere  and  the  object  for  which  such  opening  is  to  be 
made ;  with  said  application  allowed,  the  city  engineer  of  the 
City  of  St.  Paul  shall  issue  a  permit  for  doing  said  work, 
which  permit  must  be  kept  on  the  ground  in  the  possession  of 
the  contractor  or  foreman  in  charge  of  the  work,  and  must  be 
shown  to  any  officer  of  the  City  of  St.  Paul  as  authority  for 
opening  such  street,  alley,  avenue,  or  public  place ;  and  in  the 
opening  and  refilling  of  all  the  openings  made  as  aforesaid, 
and  in  the  relaying  of  pavements,  and  in  all  work  necessary 
to  complete  the  restoration  of  the  street,  pavements,  sidewalks, 
or  grounds,  to  an  equally  good  condition  as  when  disturbed, 
the  said  grantees  herein,  their  successors  or  assigns,  or  their 
contractors,  servants  or  employes,  shall  be  under  the  super- 
vision of  the  city  engineer  of  the  City  of  St.  Paul,  or  such 
other  officer  as  he  may  designate  for  that  purpose,  and  shall 
promptly  comply  with  any  orders  of  his  in  reference  thereto. 
And  in  case  of  failure  to  comply  with  such  order,  the  city  may 
perfect  the  work  ordered  and  the  grantees  shall  pay  therefor, 
and  all  of  said  work  shall  be  done  at  the  cost  of  said  grantees, 
and  the  said  grantees  shall  be  refused  permit  to  lay  additional 


103 

wires  until  such  cost  is  paid;  nor  shall  any  street,  avenue, 
alley,  or  public  place  be  allowed  to  remain  open  and  incum- 
bered for  a  longer  time  than  is  necessary  to  execute  the  work 
for  which  the  same  has  been  opened,  such  period  in  no  case  to 
exceed  ten  (10)  days,  and  in  all  cases  where  the  work  requires 
the  exercise  of  skill,  the  said  grantees  shall  employ  none  but 
skilled  workmen  for  the  execution  of  such  work. 

(Id.  §  8.) 

297.  Distribution  of  wires  from  conduits  to  buildings,  etc., 
above  ground,  location  and  security  of  wires,  safety  of  life  and 
property,  crossing  street,  etc. — Supervision  and  control  of  city 
engineer. — The  distribution  of  wires  from  the  conduits  to 
buildings  and  other  locations  above  ground  shall  be  done  in 
such  manner  as  shall  receive  the  approval  of  the  city  engineer 
of  the  City  of  St.  Paul,  and  the  making  of  the  provisions  for 
location  and  security  of  wires  and  the  safety  of  life  and  prop- 
erty shall  be  under  the  control  and  direction  of  said  city  en- 
gineer, and  in  all  cases  where  it  is  necessary  to  cross  any 
street,  avenue,  alley,  or  public  ground  of  the  city  for  the  pur- 
pose  "i"  distributing  said  wires,  the  crossing  of  such  street, 
avenue,  alley  or  public  ground  shall  be  made  in  such  manner 
a-  the  city  engineer  of  the  City  of  St.  Paul  shall  direct. 

(Id.  §  9.) 

298.  Wires  up  sides  or  front  of  building,  within  certain 
limits — Regulations. —  It    shall   he   lawful    for    anv     person,   "i" 

'■any  or  c<  rporation,  usiuL;  or  operating  electric  win---  in 
■•in;  manner  than  by  the  use  of  poles  or  brackets  to  cafry  the 
same  up  the  side  or  front  of  any  building  within  the  limits 
hereinbefor*   d<  acribed,  with  the  consenl  of  tin-  owner  thereof; 

provided,   that    such    wire-    or    their    Supports    '-hall    not    extend 

over  six   a',)  inches  into  any  street,  avenue,  alley,  or  public 
ground  within  such  limits;  ami  provided,  that   no  win'  or  sup 
ports  therefor  -•hall  cross  the  Front  of  an\   window  or  opening 
in  such  building. 

(Id.  §  L0.) 

299.  Connecting  underground  wires  or  conduits  with  side 
lines  of  streets. —  Permission  is  hereby  granted  to  an)  person, 
company,   or  corporation    controlling    underground    wire     oi 

conduits   to  conned    tin-   same    with    the   side    lines   of   street    by 


104 

using  such  space  under  sidewalks  as  may  be  necessary;  pro- 
vided, that  the  consent  of  the  adjoining  owners  is  obtained, 
and  the  city  is  not  held  liable  for  damages  therefor,  and  a 
permit  is  obtained  from  the  city  engineer  for  making  any  such 
connection,  in  the  manner  specified  in  section  eight   (8). 

(Id.  §11.) 

300.  Conduit  or  subway  to  be  altered  or  moved,  when  neces- 
sary for  local  improvement,  etc. — Remedy  for  failure  to  com- 
ply.— Any  person,  company,  or  corporation  so  placing  wires 
under  ground  in  any  street,  avenue,  alley,  or  public  ground  in 
said  city,  shall,  where  a  local  improvement  is  to  be  made,  or 
where  a  sewer  or  water  main  is  to  be  repaired  or  constructed 
in  such  a  manner  as  will  necessitate  the  moving  or  altering  of 
any  conduit  or  subway,  upon  written  notice  from  the  city  en- 
gineer or  the  Common  Council  so  to  do,  move  or  alter  the 
same  at  its  own  expense  so  as  to  permit  the  construction  or 
repairing  of  the  improvement  when  ordered ;  and  should  any 
such  person,  company  or  corporation  fail  to  comply  with  such 
notice,  such  conduit  or  subway  may  be  altered  or  moved  by 
the  City  of  St.  Paul,  and  the  cost  or  expense  thereof  recovered 
from  said  person,  company,  or  corporation. 

(Id.  §12.) 

301.  Companies  other  than  company  constructing  conduit 
may  use  same — Conditions — Arbitration. — Any  person,  com- 
pany or  corporation  who  shall  construct  an  underground  con- 
duit under  this  ordinance  shall  allow  any  other  electric  com- 
pany who  shall  have  authority  to  go  under  ground  to  use  their 
conduits  and  manholes  upon  reasonable  terms  and  conditions, 
and  in  case  they  are  unable  to  agree  upon  such  terms  and  con- 
ditions, the  same  shall  be  determined  by  arbitration,  as  fol- 
lows :  The  company  owning  the  conduit  shall  designate  one 
arbitrator,  any  company  now  existing,  or  to  be  hereafter  cre- 
ated or  formed,  desiring  the  use  of  any  conduit,  to  appoint 
another,  and  these  two  to  designate  the  third,  and  the  decision 
of  the  majority  of  such  arbitrators  as  to  the  conditions  and 
terms  of  using  such  conduit  shall  be  obligatory  upon  both 
parties,  and  shall  constitute  the  terms  and  conditions  upon 
which  such  applying  companies  shall  enter  and  use  such  con- 
duit.    Nothing  herein  contained  shall  be  so  construed  as  to 


105 

compel  the  grantees  to  surrender  such  space  in  its  conduits 
as  is  necessary  for  its  own  business,  and  in  no  event  to  any 
company  using  a  stronger  electric  current,  which  would  im- 
pair the  efficiency  of  the  present  company,  the  question  of  in- 
terference to  be  decided  by  arbitration  as  above  provided. 

(Id.  §  13.) 

302.  Telegraph  patrolmen — Conduit  companies  may  desig- 
nate employes — Authority  to  enter  premises — Badge — Only 
person  designated  to  wear  badge,  enter  premises,  etc. — Patrol- 
men not  to  interfere  with  wires,  conduits,  etc.,  of  other  com- 
panies, without  authority. — All  persons  or  companies  owning 
or  operating  underground  wires,  cables,  or  conduits  under  the 
provisions  of  this  ordinance  may  designate  such  of  their  em- 
ployes as  they  may  desire  to  be  telegraph  patrolmen.  Such 
employes  shall  have  authority  to  enter  with  the  consent  of  the 
owner,  agent,  or  occupant,  any  building,  alleyway  or  other 
private  place  for  the  purpose  of  placing,  extending,  or  repair- 
ing any  wires,  cables,  conduits,  or  other  fixtures  pertaining  to 
the  underground  electric  service;  and  such  persons  shall,  when 
in  the  discharge  of  their  duties,  wear  in  a  conspicuous  place  a 
badge  on  which  shall  be  printed  or  engraved  the  words  "St. 
Paul  Telegraph  Patrol,"  with  the  name  of  the  person  or  com- 
pany by  whom  employed.  And  no  person  except  those  thus 
designated  shall  wear  such  badge  or  seek  to  enter  any  private 
place  under  pretense  of  being  employed  on  such  service,  and 
no  authorized  telegraph  patrolman  shall  in  any  way  alter, 
remove,  or  interfere  with  the  wires,  cables,  conduits  or  ti\ 
tures  of  any  person  or  company  other  than  thai  in  whose  em 

ploy   he   may   he,   without    proper  authority    from   the  owner  or 

a  mm  thereof. 

i  Id.  1 14.) 

303.  Liability  as  to  nuisance  or  injury  arising  from  sub- 
ways or  conduits — Damage,  city  not  to  be  liable  for. —  Nothing 
in  this  ordinance  shall  be  so  contrued  as  to  absolve  said 
grantees,  their  successors,  or  assigns,  from  an)  legal  liability 
or  proceedings  to  restrain  or  abate  am  nuisance  arising  from 
the  const  me t  ion  or  i  >pera1  ion  of  said  conduits  or  subways,  ii.  it 
from  any  liability  from  injury  i"  person  or  propert)  resulting 
from  the  negligence  of  the  grantees  herein,  their  successoi     ■  '! 


10G 

assigns,  or  their  contractors,  servants,  or  employes,  in  con- 
struct ins;-  or  operating  said  subways,  or  to  render  the  said  City 
of  St.  Paul  liable  to  any  person  or  corporation  for  any  damage 
caused  by  the  construction  or  operation  of  said  conduits  or 
subways  by  the  grantees  herein,  their  successors,  or  assigns; 
and  said  grantees,  their  successors  and  assigns,  shall  protect 
and  save  the  City  of  St.  Paul  harmless  from  any  suit  or  claim 
for  injuries  or  damages  arising  from  their  negligence,  or  that 
of  their  contractor  or  servants  or  employes,  in  the  construc- 
tion or  operation  of  said  conduits  or  subways. 

(Id.  §  15.) 

304.  Grantees  to  comply  with  ordinances  and  police  regula- 
tions— Penalty  for  failure  to  comply. — The  grantees  herein, 
their  successors,  and  assigns,  shall  at  all  times  be  subject  to 
and  comply  with  all  the  ordinances  of  the  City  of  St.  Paul  now 
in  force,  or  that  may  be  hereafter  passed,  governing  the  use 
of  and  occupancy  of  streets  of  said  city,  subject  only  to  the 
limitations  herein  provided,  and  shall  comply  with  all  police 
regulations  now  in  force  or  hereafter  enacted ;  and  should  said 
grantees,  or  their  successors  or  assigns,  at  any  time  fail  or 
refuse  to  obey  and  comply  with  any  of  the  provisions  herein 
contained  or  hereafter  enacted,  subject  to  the  limitations 
above,  then  said  grantees,  their  successors  or  assigns,  shall 
forfeit  all  right,  power,  and  privileges  by  this  ordinance  grant- 
ed and  conferred. 

(Id.    §16.) 

305.  Bond  of  grantees. — That,  before  the  construction  of 
said  conduits  and  subways,  the  grantees  herein,  their  succes- 
sors or  assigns,  shall  execute  to  the  City  of  St.  Paul  a  bond,  in 
the  sum  of  twenty  thousand  dollars  ($20,000),  conditioned  that 
said  grantees,  their  successors,  and  assigns,  shall  indemnify 
and  save  the  City  of  St.  Paul  harmless  against  all  suits,  dam- 
ages, costs  and  expenses  that  shall  in  any  way  result  to  the 
city  from  the  laying,  relaying  or  using  of  said  conduits  or 
manholes,  or  the  wires  therein.  Said  bond  shall  be  signed  by 
two  (2)  or  more  good  and  sufficient  sureties,  to  be  approved  by 
the  city  comptroller,  who  shall  report  to  the  common  council 
at  least  once  a  year  as  to  the  liability  of  the  said  sureties,  and 
should  the  common  council  of  the  City  of  St.  Paul,  by  resolu- 


107 

tion,  deem  the  sureties  on  said  bond  insufficient  at  any  time 

during  the  continuance  of  this  franchise,  the  grantees  herein, 
their  successors,  or  assigns,  shall,  within  thirty  (30)  days  after 
notice  of  said  resolution  has  been  served  upon  the  proper 
officer  or  person  in  charge  of  the  construction  or  operation  of 
said  conduits  or  subways,  file  a  new  bond  with  good  and 
sufficient  sureties  as  above  provided. 

(  Id.   §  17.) 

306.  Acceptance  of  ordinance  by  grantees. —  The  said 
grantees,  their  successors  and  assigns,  shall,  within  sixty  (60) 
days  from  the  passage  and  approval  of  this  ordinance,  file  with 
the  City  Clerk  an  acceptance,  in  writing,  of  the  terms  and  con- 
ditions herein  named,  which  written  acceptance  shall  be  in 
such  form  as  may  be  satisfactory  to  the  corporation  attorney . 
who  shall  endorse  thereon  his  approval  of  the  form  thereof, 
and  no  person,  company,  or  corporation  shall  acquire  any 
rights  under  this  ordinance  until  such  acceptance  be  filed  with 
the  Citv  Clerk  as  aforesaid. 

(Id.  §  18.) 

307.  St.  Paul  City  Railway's  necessary  wires  and  poles  ex- 
cepted from  operation  of  ordinance. — All  electric  wires  and 
poles  necessarily  used  by  the  St.  Paul  City  Railway  Company, 
or  its  assigns,  in  the  operation  of  its  street  car  lines,  are  hereby 
excepted  from  the  operation  of  this  ordinance. 

(Id.  §  W.) 

308.  Rights  under  ordinance  granted  for  thirty  years. — The 
rights  and  franchises  herein  granted  are  granted  for  thiri\  (30) 
years  from  the  passage  of  this  ordinance,  and  no  longer. 

(Id.  §20.) 

309.  Edison  Electric  Light  and  Power  Company,  North- 
western Telephone  Exchange  Company — Section  5  of  ordi- 
nance not  to  apply  to. — The  provisions  of  section  five  (5)  shall 
not  apply  to  the  Edison  Electric  Llghl  and  Power  Company, 
and  the  Northwestern  Telephone  Exchange  Company. 

(Id.  §21.) 

This  ordinance  shall  tak<  and  be  in  force  from 

after  it-  passage  and  appr< »  al. 

i Id.  §  v 


108 

310.  An  Ordinance  relating  to  electric  wires  and  wiring  in 

the  City  of  St.  Paul. 
The   Common   Council   of  the   City  of  St.    Paul   do  ordain  as 
follows : 

Sec.  1.  Churches,  theaters,  etc. — That  all  wiring'  for  elec- 
tric lights  or  power  hereafter  installed  in  churches,  theaters 
and  other  places  used  for  public  gatherings  in  the  City  of  St. 
Paul  shall  be  installed  in  suitable  metal  conduits  to  be  ap- 
proved by  the  Electrical  Inspector  of  said  city,  and  all  such 
wires  installed  in  unfinished  basements  shall  be  likewise  placed 
in  similar  conduits,  unless  a  different  method  of  installation  is 
first  approved  and  permitted  by  said  Electrical  Inspector. 

311.  Sec.  2.  Penalty. — Any  person  who  shall  violate  any  of 
the  terms  or  requirements  of  this  ordinance  shall,  upon  con- 
viction thereof,  be  punished  by  a  fine  of  not  more  than  fifty 
dollars,  or  by  imprisonment  for  not  more  than  ten  days  for 
each  offense. 

Sec.  3.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 
(Ord.  No.  2546,  approved  Dec.  22,  1905.) 

ELECTION  DISTRICTS. 

312.  First  ward  divided  into  eleven  districts — District 
boundaries. — The  First  ward  of  the  City  of  St.  Paul  is  hereby 
divided  into  eleven  (11)  election  districts,  as  follows: 

The  first  election  district  shall  be  bounded  as  follows,  viz : 
Commencing  at  the  point  where  the  center  line  of  Mississippi 
street  intersects  the  center  line  of  Grove  street;  thence  east 
along  the  center  line  of  Grove  street  to  a  point  where  the  center 
line  of  Grove  street  intersects  the  center  line  of  the  right  of  way 
of  the  Great  Northern  Railway  Company ;  thence  northwester- 
ly along  the  center  line  of  said  right  of  way  to  a  point  of  inter- 
section with  the  center  line  of  Lafayette  avenue ;  thence  south- 
westerly along  the  center  line  of  Lafayette  avenue  to  its  point 
of  intersection  to  the  center  line  of  Waverly  place  produced 
easterly ;  thence  westerly  along  the  center  line  of  WaVerly 
place  to  the  center  line  of  John  street;  thence  north  on  the 
center  line  of  John  street  to  the  center  line  of  the  alley  through 
blocks  one  (1)  and  two  (2)  of  Patterson's    Addition;    thence 


109 

west  along  the  center  line  of  said  alley  to  Pine  street ;  thence 
-west  along  the  center  line  of  Nash  street  to  its  intersection 
with  Mississippi  street :  thence  south  on  said  center  line  of 
Mississippi  street  to  the  place  of  beginning. 

The  second  election  district  in  said  ward  shall  consist  of 
all  that  portion  of  said  ward  lying  east  of  the  said  first  election 
district  and  south  of  the  line  which  is  the  center  line  of  Lafay- 
ette avenue  from  its  point  of  intersection  with  the  center  line 
of  the  right  of  way  of  the  Great  Northern  Railway  Company  : 
running  thence  northeasterly  to  the  point  of  intersection  of 
said  center  of  Lafayette  avenue  with  the  center  line  of  Col- 
lins street ;  thence  easterly  along  the  center  line  of  Collins 
street  and  Collins  street  extended  in  a  straight  line  to  the  right 
of  way  of  the  St.  Paul  &  Duluth  Railroad. 

The  third  election  district  of  said  ward  shall  consist  of 
all  that  portion  of  said  ward  lying  south  of  the  center  line  of 
Minnehaha  street,  east  of  the  center  lines  of  the  right  of  way 
of  the  Chicago,  St.  Paul,  Minneapolis  &  Omaha  Railroad  and 
the  Great  Northern  Railway  Company,  and  north  of  the  sec- 
ond election  district  of  said  ward. 

The  fourth  election  district  of  said  ward  shall  consist  of 
all  that  portion  of  said  ward  lying  south  of  the  center  line  of 
Minnehaha  street  and  west  of  the  third  election  district  and 
north  of  the  first  election  district  as  the  said  first  and  third 
election  districts  are  herein  described. 

The  fifth  election  district  of  said  ward  shall  consist  of  all 
that  portion  of  said  ward  lying  north  of  the  center  line  of 
Minnehaha  street  and  west  of  the  center  line  of  Kdgerton 
street  and  south  of  the  center  line  of  York  street. 

Tin-  sixth  election  district  of  said  ward  shall  consist  of  all 
that  portion  of  said  ward  which  is  bounded  by  the  center  lines 

of  Kdgerton  street,  Sims  street,  Greenbrier  avenue,  the  right 
of  way 'of  the  St.  Paul  &  I 'ninth  Railroad  Company,  and  Min- 
nehaha street. 

The  seventh  election  district  of  said  ward  shall  consist  ol 
all  that  portion  Of  said  ward  hounded  on  the  north  h\  the 
center  line  of  Jessamine  street,  on  the  easl  by  the  center  line 
,,!"     \nade   street.   On    the   SOUth    h\    the   center   hue   of    the    II.-  Ill 

of  way  of  the  St.  Paul  &  I 'ninth  Railroad  Company,  and  on 
the  wesl  by  the  center  line  of  Greenbrier  avenue. 


110 

The  eighth  election  district  of  said  ward  shall  consist  of 
all  that  portion  of  said  ward  bounded  on  the  north  by  the 
center  line  of  Jessamine  street,  on  the  west  by  the  center  line 
of  Arcade  street,  on  the  south,  east  and  southeast  by  the  center 
line  of  the  right  of  way  of  the  St.  Paul  &  Duluth  Railroad 
Company. 

The  ninth  election  district  of  said  ward  shall  consist  of 
all  that  portion  of  said  ward  bounded  on  the  tast  by  the  east- 
ern boundary  of  said  ward,  on  the  south  by  the  center  line  of 
Jessamine  street,  on  the  west  by  the  center  line  of  Edgerton 
street,  and  on  the  north  by  the  northern'boundary  of  said  ward. 

The  tenth  election  district  of  said  ward  shall  consist  of 
all  that  portion  of  said  ward  bounded  on  the  north  by  the 
center  line  of  Jessamine  street,  on  the  east  by  the  center  line 
of  Greenbrier  avenue,  on  the  south  by  the  center  line  of  Sims 
street,  and  on  the  west  by  the  center  line  of  Edgerton  street. 

The  eleventh  election  district  of  said  ward  shall  consist 
of  all  that  portion  of  said  ward  bounded  on  the  north  by  the 
northern  boundary  of  said  ward,  on  the  east  by  the  center  line 
of  Edgerton  street,  on  the  south  by  the  center  line  of  York 
street,  and  on  the  west  by  the  western  boundary  of  said  ward. 
.  (Ord.  Xo.  1740,  approved  March  8,  1891,  §  1.) 

313.  Second  ward  divided  into  eleven  districts — District 
boundaries. — The  Second  ward  is  hereby  divided  into  eleven 
(11)  districts,  as  follows: 

All  that  portion  of  said  ward  lying  south  of  the  center  lines 
of  Plum  and  Birch  streets  and  west  of  the  center  line  of  Eng- 
lish street,  and  English  street  extended  south  in  a  straight  line 
to  the  Mississippi  river  shall  constitute  the  first  election  dis- 
trict of  said  ward. 

All  that  portion  of  said  ward  lying  north  of  the  center 
line  of  Plum  street,  west  of  the  center  line  of  Maple  street  and 
south  of  the  center  line  of  East  Third  street  shall  constitute 
the  second  election  district  of  said  ward. 

All  that  portion  of  said  ward  lying  north  of  the  center  line 
of  East  Third  street,  west  of  the  center  line  of  Maple  street 
and  south  of  the  center  line  of  East  Seventh  street,  shall  con- 
stitute the  third  election  district  of  said  ward. 


Ill 

The  fourth  election  district  of  said  Second  ward  shall  con- 
sist of  all  that  portion  of  said  ward  bounded  by  the  center  lines 
of  Maple  street,  East  Seventh  street,  Mendota  street  and  Hud- 
son avenue. 

All  that  portion  of  said  ward  lying  south  of  the  center  line 
of  Minnehaha  street  and  north  of  the  center  line  of  East  Sev- 
enth street  shall  constitute  the  fifth  election  district  of  said 
ward. 

All  that  portion  of  said  ward  lying-  north  of  the  center  line 
of  Minnehaha  street  and  west  of  the  center  line  of  Mendota 
street  shall  constitute  the  sixth  election  district  of  said  ward. 

All  that  portion  of  said  ward  lying  north  of  the  center  line 
of  Minnehaha  street,  east  of  the  center  line  of  Mendota  street, 
and  west  of  the  center  line  of  English  street,  shall  constitute 
the  seventh  election  district  of  said  ward. 

The  eighth  election  district  of  said  ward  shall  consist  of 
all  that  portion  of  said  ward  bounded  by  the  center  lines  of 
Minnehaha  street,  English  street,  Birch  street  and  Cypress 
street. 

All  that  portion  of  said  ward  lying  east  of  the  center  line 
of  English  street,  and  north  of  the  center  line  of  Birch  street, 
from  English  street  to  the  Hudson  road,  and  north  of  the 
center  line  of  the  Hudson  road,  from  Birch  street  easterly  to 
the  city  limits,  shall  constitute  the  ninth  election  district  of 
said  ward. 

Tin-  eleventh  district  of  said  ward  shall  consist  of  all  that 

portion  of  said  ward  hounded  by  the  center  lines  of  Minnehaha 

street,  Cypress  street,  Birch  street,  Maple  street,  Hudson  ave- 
nue and  Mendota  street. 

All  the  remaining  portion  of  said  ward  shall  constitute  the 
tenth  election  districl  of  said  ward. 

<<  >rd.  Xo.   1  lii:>.  approved  Sept.   L6,  L890,  §  1.) 

314.  Third     ward     divided     into     eight     districts — District 

boundaries. — The  Third  ward  is  hereby  divided  into  eighl   (8) 
elect  i<  >n   dist  riCtS,  as   [<  >U0WS  : 

All  that  portion  of  said  ward  lying  south  of  the  center 
line  of  Sixth  street,  and  west  of  the  center  line  of  Broadway, 
shall  constitute  the  firsl  election  district  of  said  ward 


112 

All  that  portion  of  said  ward  lying  south  of  the  center 
line  of  East  Seventh  street,  east  of  the  center  line  of  Broad- 
way, and  west  of  the  center  line  of  John  street,  shall  constitute 
the  second  election  district  of  said  ward. 

All  that  portion  of  said  ward  lying  south  of  the  center  line 
of  East  Seventh  street,  and  east  of  the  center  line  of  John 
street,  shall  constitute  the  third  election  district  of  said  ward. 

All  that  portion  of  said  ward  lying  north  of  the  center  line 
of  East  Seventh  street,  and  east  of  the  center  line  of  John 
street,  shall  constitute  the  fourth  election  district  of  said  wTard. 

All  that  portion  of  said  ward  lying  west  of  the  center  line 
of  John  street,  north  of  the  center  line  of  East  Seventh  street, 
and  east  of  the  center  line  of  Broadway,  shall  constitute  the 
fifth  election  district  of  said  ward. 

All  that  portion  of  said  ward  lying  south  of  the  center  line 
of  Eighth  street,  north  of  the  center  line  of  East  Sixth  street, 
and  west  of  center  line  of  Broadway,  shall  constitute  the  sixth 
election  district  of  said  ward. 

All  that  portion  of  the  remainder  of  said  ward  lying  west 
of  the  center  line  of  Broadway,  north  of  the  center  line  of 
Eighth  street,  and  south  of  the  center  line  of  Tenth  street, 
shall  constitute  the  seventh  election  district  of  said  ward. 

All  of  the  remaining  portion  of  said  w^ard  shall  constitute 
the  eighth  election  district  of  said  ward. 

(Id.) 

315.  Fourth  ward  divided  into  twelve  districts — District 
boundaries. — The  Fourth  w-ard  is  hereby  divided  into  twelve 
(12)  election  districts,  as  follows: 

All  that  portion  of  said  ward  lying  south  of  the  center  line 
of  West  Fifth  street,  east  of  the  center  line  of  Fort  street,  and 
west  of  the  center  line  of  Washington  street,  shall  constitute 
the  first  election  district  of  said  ward. 

All  that  portion  of  said  wrard  lying  south  of  the  center  line 
of  West  Seventh  street,  east  of  the  center  line  of  Washing- 
ton street,  and  west  of  the  center  line  of  Wabasha  street, 
shall  constitute  the  second  election  district  of  said  ward. 

All  that  portion  of  said  ward  lying  south  of  the  center  line 
of  East  Fifth  street,  and  east  of  the  center  line  of  Wabasha 
street,  shall  constitute  the  third  election  district  of  said  ward. 


113 

All  that  portion  of  said  ward  lying"  north  of  the  center  line 
of  East  Fifth  street,  south  of  the  center  line  of  Eighth  street. 
and  east  of  the  center  line  of  Minnesota  street,  shall  constitute 
the  fourth  election  district  of  said  ward. 

All  that  portion  of  said  ward  lying  north  of  the  center 
line  of  East  Fifth  street,  west  of  the  center  line  of  Minnesota 
street,  south  of  the  center  line  of  Eighth  street,  and  east  of  the 
center  line  of  Wabasha  street,  shall  constitute  the  fifth  election 
district  of  said  ward. 

All  that  portion  of  said  ward  lying  north  of  the  center  line 
of  West  Fifth  street,  and  south  of  the  center  line  of  West 
Ninth  street,  and  east  of  the  center  line  of  Fort  street,  which 
is  bounded  on  the  east  by  a  line  which  is  the  center  line  of 
Wabasha  street,  from  its  point  of  intersection  with  the  center 
line  of  West  Ninth  street  to  its  point  of  intersection  with  the 
center  line  of  West  Seventh  street;  thence  westerly  along  the 
center  line  of  West  Seventh  street  to  its  point  of  intersection 
with  the  center  line  of  Washington  street;  thence  southerly 
along  said  center  line  of  Washington  street  to  its  point  of  in- 
tersection with  the  center  line  of  West  Fifth  street,  shall  con- 
stitute the  sixth  election  district  of  said  ward. 

The  seventh  election  district  of  said  ward  shall  consist 
of  all  that  portion  of  said  ward  which  lies  to  the  west  of  a  line 
described  as  follows:  Commencing  at  a  point  where  the  cen- 
ter line  of  Rice  street  intersects  the  center  line  of  Summit  ave- 
nue ;  thence  southeasterly  along  said  center  line  of  Rice  Street 
to  the  center  line  <>f  West  Tenth  street;  thence  southeasterly 
along  the  center  line  of  West  Tenth  street  to  its  point  of  inter 
section  with  tin-  center  line  of  Fort  street;  thence  southerly 
along  said  center  line  of  Fori  streel  to  the  southwestern 
boundary  of  said   ward. 

All  that  portion  of  said  ward  which  lies  west  of  tin-  center 
line  of  Wabasha  street,  north  of  the  center  line  of  W  esl  Ninth 
street,  easl  of  the  center  line  of  St.  Peter  street,  and  south  of 
tin  center  line  of  Summit  avenue,  shad  constitute  the  twelfth 
election  distrid  of  said  ward. 

All  that  portion  of  said  ward  which  lies  wesl  of  the  center 

line  of  St.  Peter  street,  north  of  the  center  line  of  W  esl  Ninth 

strnt.   and    east    of   the    seventh    election    district,    hereillbi 


114 

described,  shall  constitute  the  eighth  election  district  of  said 
ward. 

All  that  portion  of  said  ward  bounded  on  the  north  by 
the  center  line  of  Eleventh  street,  on  the  south  by  the  center 
line  of  Eighth  street,  and  on  the  east  by  the  center  line  of 
Minnesota  street,  and  on  the  west  by  the  center  line  of 
Wabasha  street,  shall  constitute  the  ninth  election  district  of 
said  ward. 

All  that  portion  of  said  ward  lying  south  of  the  center  line 
of  Eleventh  street,  north  of  the  center  line  of  Eighth  street, 
and  east  of  the  center  line  of  Minnesota  street,  shall  constitute 
the  tenth  election  district  of  said  ward. 

All  the  remaining  portion  of  said  ward  lying  northeast  of 
the  center  line  of  Wabasha  street  shall  constitute  the  eleventh 
election  district  of  said  ward. 

(Id.) 

316.         Fifth  ward  divided  into    fourteen    districts — District 
boundaries. — The  Fifth  wrard  is  hereby  divided  into  fourteen . 
(14)  election  districts,  as  follows: 

All  that  portion  of  said  ward  lying  south  of  the  center  line 
of  West  Seventh  street,  and  east  of  the  center  line  of  Walnut 
street  shall  constitute  the  first  election  district  of  said  w:ard. 

All  that  portion  of  said  ward  lying  north  of  the  center  line 
of  West  Seventh  street,  and  east  of  the  center  line  of  Walnut 
street,  shall  constitute  the  second  election  district  of  said  ward. 

All  that  portion  of  said  ward  lying  south  of  the  center  line 
of  West  Seventh  street,  west  of  said  first  ejection  district,  east 
of  the  center  line  of  Wilkin  street,  and  north  of  the  center  line 
of  Goodrich  avenue  extended  in  a  straight  line  from  the  center 
line  of  Wilkin  street  east  to  the  Mississippi  river,  shall  con- 
stitute the  third  election  district  of  said  ward. 

All  that  portion  of  said  ward  lying  north  of  the  center 
line  of  West  Seventh  street,  west  of  the  center  line  of  Walnut 
street,  and  north  of  the  center  line  of  Ramsey  street,  shall  con- 
stitute the  fourth  election  district  of  -said  ward. 

The  fifth  election  district  of  said  ward  shall  consist  of  all 
that  portion  of  said  ward  which  is  bounded  as  follows :  Com- 
mencing at  the  center  line  of  WTest  Seventh  street  at  its  point 
of  intersection  with  the  center  line  of  Wilkin  street  produced 


115 

northerly;  thence  southwesterly  along  said  center  line  of  West 
Seventh  street  to  its  point  of  intersection  with  the  center  line 
of  Goodrich  avenue ;  thence  easterly  along  said  center  line  of 
Goodrich  avenue  to  the  center  line  of  Smith  avenue ;  thence 
southerly  along  the  center  line  of  Smith  avenue  to  the  Missis- 
sippi river;  thence  northeasterly  along  the  Mississippi  river 
to  a  point  where  the  center  line  of  Goodrich  avenue  extended  in 
a  straight  line  east  would  touch  said  river;  thence  westerly 
along  said  center  line  of  Goodrich  avenue  extended  as  afore-, 
said  to  the  center  line  of  Wilkin  street;  thence  northerly  along 
the  center  line  of  Wilkin  street  to  the  place  of  beginning. 

All  that  portion  of  said  ward  lying  west  of  the  center  line 
of  West  Seventh  street,  south  of  the  center  line  of  Ramsey 
street,  and  north  of  the  center  line  of  Goodrich  avenue,  shall 
constitute  the  sixth  election  district  of  said  ward. 

The  seventh  election  district  of  said  ward  shall  consist  of 
all  that  portion  thereof  which  is  bounded  as  follows:  Com- 
mencing at  the  point  of  intersection  of  the  center  line  of  West 
Seventh  street  with  the  center  line  of  Goodrich  avenue;  thence 
southwesterly  along  said  center  line  of  West  Seventh  street 
to  the  center  line  of  Western  avenue;  thence  southerly  along 
said  center  line  of  Western  avenue  and  Western  avenue  ex- 
tended south  in  a  straight  line  to  the  Mississippi  river;  thence 
northeasterly  along  the  Mississippi  river  to  the  center  line  of 
Smith  avenue  ;  thence  northerly  along  the  center  line  of  Smith 
avenue  to  the  center  line  of  Goodrich  avenue;  thence  westerly 
along  the  center  line  of  Goodrich  avenue  to  the  place  of  be- 
ginning. 

All  that  portion  of  said  ward  lying  on  the  west  side  of  (he 
i  i  titer  line  of  West  Seventh  street,  south  of  the  center  line  of 
Goodrich  avenue,  and  north  of  the  center  line  of  St.  Clair 
Street,  shall  constitute  the  eighth  election  district  of  said  ward. 

All  that  portion  of  said  ward  lying  south  of  the  renter  line 

of  West   Seventh  street,  west  of  the  center  line  of  We 
avenue,  and  Western  avenue  extended  south  in  a  straighl  line 

to   the    Mississippi    river,   and    east    of   the    center   line   of    I  Mike 
street,   and    Duke    street    extended    south    in    a   straight    line    to 

the   Mississippi  river,  shall  constitute  the  ninth  election  dis- 
trict of  said  ward. 


116 

All  that  portion  of  said  ward  which  is  bounded  by  the 
center  lines  of  St.  Clair  street,  West  Seventh  street  and  Toron- 
to avenue  shall  constitute  the  tenth  election  district  of  said 
ward. 

All  that  portion  of  said  ward  which  lies  west  of  the  center 
line  of  Duke  street,  from  West  Seventh  street  south  to  the 
.Mississippi  river,  north  of  the  Mississippi  river,  and  bounded 
on  the  west  and  north  as  follows:  Beginning  at  a  point  where 
the  center  line  of  Drake  street  extended  due  south  in  a  straight 
line  would  touch  the  Mississippi  river ;  thence  north  along 
said  center  line  of  Drake  street  and  Drake  street  extended  as 
aforesaid  to  the  center  line  of  Randolph  street ;  thence  west 
along  the  center  line  of  Randolph  street  to  the  center  line  of 
West  Seventh  street ;  thence  northeasterly  along  the  center 
line  of  West  Seventh  street  to  the  center  line  of  Duke  street, 
shall  constitute  the  eleventh  election  district  of  said  ward. 

All  that  portion  of  said  ward  bounded  on  the  east  by  the 
center  line  of  Toronto  avenue,  on  the  north  by  the  center  line 
of  St.  Clair  street,  on  the  west  by  the  center  line  of  Victoria 
street,  and  on  the  south  by  the  center  line  of  West  Seventh 
street,  shall  constitute  the  twelfth  election  district  of  said 
ward. 

All  of  the  remaining  portion  of  said  ward  not  hereinbefore 
described  which  lies  to  the  south  of  the  center  line  of  West 
Seventh  street  shall  constitute  the  thirteenth  election  district 
of  said  ward. 

And  all  the  remaining  portion  of  said  ward  shall  consti- 
tute the  fourteenth  election  district  of  said  ward. 

(Id.) 

317.  Sixth  ward  divided  into  thirteen  districts — District 
boundaries. — The  Sixth  ward  of  the  City  of  St.  Paul  is  hereby 
divided  into  [thirteen  (13)]  election  districts,  as  follows: 

The  second,  third,  fourth,  fifth,  sixth,  seventh,  eighth, 
twelfth  and  thirteenth  election  districts  of  the  Sixth  ward  of 
the  City  of  St.  Paul  shall  be  and  remain  as  the  same  are  now 
established   by  ordinance. 

The  first  election  district  of  the  Sixth  ward  shall  consist 
of  all  that  portion  of  said  ward  bounded  by  a  line  described  as 
follows:    Commencing  at  the  intersection  of  the  center  line  of 


117 

Walter  street  and  the  Mississippi  river ;  thence  southeasterly 
along  the  center  line  of  Walter  street  to  its  intersection  with 
the  center  line  of  Channel  street ;  thence  easterly  along  the 
center  line  of  Channel  street  to  its  point  of  intersection  with 
the  center  line  of  South  Wabasha  street ;  thence  southerly 
along  the  center  line  of  South  Wabasha  street  to  its  point  of 
intersection  with  the  north  line  of  Isabel  street ;  thence  west- 
erly along  the  north  line  of  Isabel  street  to  the  southeast  cor- 
ner of  block  thirty-two  (32)  of  West  St.  Paul  proper;  thence 
northeasterly  along  the  southeasterly  boundary  of  said  block 
thirty-two  (32)  to  the  northeasterly  boundary,  of  said  block; 
thence  in  a  straight  line  to  the  southeasterly  corner  of  block 
twenty-five  (25)  of  Wrest  St.  Paul  proper;  thence  northerly 
along  the  easterly  boundary  of  said  block  to  the  northeast 
corner  of  said  block  ;  thence  in  a  straight  line  to  the  south- 
easterly corner  of  lot  twenty-three  (23)  of  Prcscott's  addition 
to  St.  Paul;  thence  northwesterly  along  the  northeasterly  and 
northerly  boundary  of  lots  twenty-three  (23),  twenty-four 
(24)  and  twenty-five  (25)  of  said  Prescott's  addition;  thence 
northerly  to  the  northeasterly  corner  of  lot  twenty-six  (26) 
of  said  Prescott's  addition;  thence  northwesterly  to  the  north- 
west corner  of  lot  twenty-eight  (28)  of  said  Prescott's  addi- 
tion ;  thence  in  a  straight  line  to  the  southeasterly  corner  of 
block  seven  (7)  of  West  St.  Paul  I 'roper;  thence  westerly 
along  the  southerly  boundary  of  blocks  seven  (7),  eight  (8) 
and  nine  (9)  of  said  West  St.  Paul  to  the  southwest  corner  of 
said  block  nine  (9);  thence  in  a  straignt  line  to  the  center  of 
Bellows  street;  thence  south  along  the  center  line  of  I'ellows 
street  to  the  intersection  of  Isabel  street:  thence  westerly 
along  the  center  line  of  Isabel  street  to  the  top  edge  of  the 
bluff;  thence  along  the  top  edge  of  the  bluff  in  a  southwesterly 

direction    to   the   south    city    limits;   thence    westerly    along   the 

south  city  limits  to  the  Mississippi  river;  thence  northeaster^ 
along  the  Mississippi  river  to  the  place  of  beginning. 

All  thai   portion  of  said   ward   which   lies  north  bf  the  ceil 

ter  line  of  Chicago  avenue,  easl  of  the  first  election  district, 
as  lasl  hereinbefore  described,  and  west  of  the  center  hue  of 
South   Robert  street,  shall  constitute  the  second  election  dis 
trie)    of  said   ward. 


118 

The  third  election  district  of  said  ward  shall  consist  of  all 
that  portion  of  said  ward  which  lies  east  of  the  center  line  of 
South  Robert  street,  west  of  the  center  line  of  State  street, 
and  north  of  the  center  line  of  Chicago  avenue  from  its  point 
of  intersection  with  the  center  line  of  South  Robert  street, 
easterly  to  its  point  of  intersection  with  the  center  line  of 
State  street. 

The  fourth  election  district  of  said  ward  shall  consist  of 
all  that  portion  of  said  ward  which  lies  east  of  the  center  line 
of  State  street  and  north  of  the  center  line  of  Delos  street, 
produced  east  and  west  in  a  straight  line. 

All  that  portion  of  said  ward  which  is  bounded  on  the 
north  by  the  third  election  district,  and  on  the  east  by  the 
fourth  election  district,  as  herein  described,  on  the  south  by 
the  right  of  way  of  the  Chicago,  St.  Paul  &  Kansas  City  Rail- 
road, and  on  the  west  by  the  center  line  of  South  Robert  street, 
shall  constitute  the  fifth  election  district  of  said  ward. 

All  that  portion  of  said  ward  bounded  on  the  north  by  the 
center  line  of  Chicago  avenue,  on  the  east  by  the  center  line 
of  South  Robert  street,  on  the  south  by  the  center  line  of 
Isabel  street,  and  on  the  west  by  the  first  election  district, 
as  herein  described,  shall  constitute  the  sixth  election  district 
of  said  ward. 

All  that  portion  of  said  ward  which  is  bounded  on  the 
north  by  the  fifth  election  district,  and  on  the  east  by  the 
fourth  election  district,  as  herein  described,  on  the  south  by 
the  center  lines  of  George  and  Concord  streets,  and  on  the 
west  by  the  center  line  of  South  Robert  street,  shall  constitute 
the  seventh  election  district  of  said  ward. 

All  that  portion  of  said  ward  which  is  bounded  by  the 
center  lines  of  Concord  street,  South  Robert  street  and  Page 
street,  shall  constitute  the  eighth  election  district  of  said  ward. 

The  ninth  election  district  of  said  ward  shall  consist  of  all 
that  portion  of  said  ward  bounded  as  follows:  Commencing 
at  the  point  where  the  center  line  of  South  Robert  street  in- 
tersects the  center  line  of  George  street ;  thence  along  the  cen- 
ter line  of  George  street  to  the  intersection  of  the  center  line 
of  Bellows  street ;  thence  northerly  along  the  center  line  of 
Bellows  street  to  the  south  line  of  Prospect  Terrace ;  thence 
in  a  straight  line  to  the  southwest  corner  of  block  nine   (9), 


119 

West  St.  Paul  Proper;  thence  easterly  along  the  southerly 
boundary  of  blocks  nine  (9),  eight  (8)  and  seven  (7)  of  West 
St.  Paul  PVoper  to  the  southeast  corner  of  said  block  seven 
(7)  ;  thence  in  a  straight  line  to  the  northwest  corner  of  lot 
twenty-eight  (28)  of  Prescott's  addition;  thence  southeast- 
erly in  a  straight  line  to  the  northeast  corner  of  lot  twenty-six 
(26)  of  said  Prescott's  addition;  thence  south  in  a  straight 
line  to  the  northwest  corner  of  lot  twenty-five  ( 25  )  of  said 
Prescott's  addition ;  thence  easterly  and  southeasterly  along 
the  northerly  and  northeasterly  boundary  line  of  lots  twenty- 
live  (25),  twenty-four  (24)  and  twenty-three  (23)  of  said 
Prescott's  addition  to  the  southeast  corner  of  said  lot  twenty- 
three  (23)  ;  thence  in  a  straight  line  to  the  northeast  corner 
of  block  twenty-five  (25)  of  AYest  St.  Paul  Proper;  thence 
southerly  along  the  eastern  boundary  of  said  block  twenty- 
five  (25)  to  the  southeast  corner  of  said  block  twenty-five 
(25);  thence  in  a  straight  line  to  the  northeastern  corner  of 
block  thirty-two  (32)  of  said  West  St.  Paul  Proper;  thence 
southwesterly  along  the  southeasterly  boundary  of  said  block 
thirty-two  i  :'r> )  to  the  southeast  corner  of  said  block  thirty-two 
(32);  thence  easterly  along  the  northerly  line  of  said  Isabel 
street  to  the  intersection  of  the  center  line  of  said  Robert 
Streel  :  thence  southerly  along  the  center  line  of  South  Robert 
street  to  the  place  of  beginning. 

The  tenth  election  district  of  said  ward  shall  consist  of 
all  that  portion  of  said  ward  lying  south  of  the  first  and  ninth 
election  districts  as  hereinbefore  described,  and   west   ,<\   the 

ninth  and  eleventh  election  districts  as  hereinbefore  described. 
The  eleventh  election  district  of  the  Sixth  ward  shall  con- 
sist   of  all   that    portion   of  said   ward   hounded   as   follows:      <  Mi 

the  easl  by  the  center  line  of  South  Roberl  streel  ;  on  the  north 
by  the  center  line  of  George  streel  :  on  the  wesl  by  the  center 
line  of  Bidwell  street,  and  on  the  south  by  the  south  city  limits. 
All  the  remaining  portion  of  said  ward,  bounded  on  the 
north  by  the  center  line  of  Page  street,  on  the  easl  1>\  the 
center  line  ol  Concord  street,  and  on  the  wesl  by  the  center 
line  of  South   Roberl   9treet,  shall  constitute  the  twelfth  ele< 

Hon   districl    of   said    ward. 

The  thirteenth  election  districl  shall  consisl  of  all  thai 
portion  of  the  Sixth  ward  which  lies  south  ol  the  fourth  dis- 


•120 

trictj  as  hereinbefore  described,  and  east  of  a  line  described 
as  follows:  Beginning  on  tbe  center  line  of  Concord  street, 
at  tbe  southern  boundary  of  tbe  ward;  thence  northwesterly 
along  said  center  line  of  Concord  street  to  the  center  line  of 
Ada  street ;  thence  northerly  along  the  center  line  of  Ada 
street  to  tbe  right  of  way  of  the  Chicago,  St.  Paul  &  Kansas 
City  Railroad;  thence  northwesterly  along  said  right  of  way 
to  tbe  center  line  of  Delos  street  produced  east  and  west  in  a 
straight  line. 

(For  Districts  1,  9,  10,  11,  see  Ord.  Xo.  1740,  approved 
March  8,  1804,  §  3 ;  for  Districts  2,  3,  4,  5,  6,  7,  8,  12,  13,  see 
Ord.  Xo.  1409,  approved  Sept.  16,  1890.  §  1,  and  Ord'.  Xo.  1740, 
approved  March  8,  1894,  §  3.) 

318.  Seventh  ward  divided  into  eight  districts — District 
boundaries. — The  Seventh  ward  is  hereby  divided  into  eight 
(.8)  election  districts,  as  follows: 

All  that  portion  of  said  ward  lying  north  of  the  center  line 
of  Selby  avenue  and  east  of  the  center  line  of  Arundel  street 
shall  constitute  tbe  first  election  district  of  said  ward. 

All  that  portion  of  said  ward  lying  south  of  the  center 
line  of  Selhy  avenue  and  east  of  the  center  line  of  Arundel 
street,  from  Selby  avenue  to  the  center  line  of  Summit  ave- 
nue, and  east  of  the  center  line  of  Lawton  street  from  the 
center  line  of  Summit  avenue  to  the  center  line  of  Pleasant 
avenue,  shall  constitute  the  second  election  district  of  said 
ward. 

All  that  portion  of  said  ward  lying  south  of  the  center 
line  of  Summit  avenue  and  between  the  center  lines  of  Law- 
ton  and  Victoria  streets  shall  constitute  the  third  election 
district  of  said  ward. 

Tbe  fourth  election  district  of  said  ward  shall  be  bounded 
on  the  north  by  tbe  center  line  of  Selby  avenue,  on  the  south 
by  the  center  line  of  Summit  avenue,  on  the  east  by  the  center 
line  of  Arundel  street,  and  on  the  west  by  the  center  line  of 
Dale  street. 

All  that  portion  of  said  ward  lying  north  of  the  center 
line  of  Selby  avenue,  west  of  the  center  line  of  Arundel  street 
and  east  of  the  center  line  of  Dale  street,  shall  constitute  the 
fifth  election  district  of  said  ward. 


121 

All  that  portion  of  said  ward  lying  west  of  the  center  line 
of  Dale  street  and  north  of  the  center  line  of  Selby  avenue 
shall  constitute  the  sixth  election  district  of  said   ward. 

All  that  portion  of  said  ward  lying  south  of  the  center 
line  of  Selby  avenue,  west  of  the  center  line  of  Dale  street  and 
north  of  the  center  line  of  Summit  avenue  shall  constitute 
the  seventh  election  district  of  said  ward. 

All  that  portion  of  said  ward  lying  south  of  the  center 
line  of  Summit  avenue  and  west  of  the  center  line  of  Victoria 
street  shall  constitute  the  eighth  election  district  of  said  ward. 
(Ord.  No.   1409,  approved  Sept.   16,   1890,  §1.) 

319.  Eighth  ward  divided  into  fifteen  districts — District 
boundaries. — The  eighth  ward  of  the  City  of  St.  Paul  is  hereby 
divided  into  sixteen    (16)    election   districts,  as  follows: 

The  first  election  district  of  said  ward  shall  consist  of  all 
that  portion  of  said  ward  lying  south  of  the  center  line  of 
Carroll  street. 

The  second  election  district  of  said  ward  shall  consist  of 
all  that  portion  of  said  ward  bounded  on  the  south  by  Carroll 
street,  on  the  east  by  Louis  street,  on  the  north  by  Martin 
street,  and  on  the  west  by  Western  avenue. 

The  third  election  district  of  said  ward  shall  consist  of 
all  that  portion  of  said  ward  bounded  on  the  south  by  Car- 
roll street,  on  the  east  by  Western  avenue,  on  the  north  by 
Martin  street,  and  on  the  wesl  by  Lexington  avenue. 

The  fourth  election  district  of  said  ward  shall  consist  of 
all  that    portion  of  said   ward  hounded  on  the  south   by    Martin 

street,  ,,n  the  east  hy  Western  avenue,  on  the  north  by  Uni 
versity  avenue  and  on  the  west  by   Lexington  avenue. 

The  fifth  election  district  of  said  ward  shall  eonsist  of 
all  that  portion  of  said  ward  bounded  on  the  south  by  Martin 
street,  on  the  east  hv  Rice  street,  on  the  north  by  University 
avenue,  and  on  the  west  hy  Western  avenue. 

The  sixth  election  districl  of  said  ward  shall  consist  of 
all  that   portion  of  said  ward  bounded  on  the  south  by   I  ni 

■}  avenue,  on  the  easl  by  Rice  street,  on  the  north  l>\ 
Edmund  street,  and  on  the  wesl  l>\    Western  avenue. 

The  seventh  election  district  of  aid  want  shall  consist  ,,f 
all  that   portion  of  said   ward  bounded  'Mi  the  south  b)    l  ni 


122 

versity  avenue,  on  the  east  by   Western  avenue,  and  on  the 

north  by  Charles  street,  and  on  the   west  by  Lexington  ave- 
nue. 

The  eighth  election  district  of  said  ward  shall  consist  of 
all  that  portion  of  said  ward  bounded  on  the  south  by  Charles 
street,  on  the  east  by  Kent  street,  on  the  north  by  Lafond 
street,  and  on  the  west  by  Lexington  avenue. 

The  ninth  election  district  of  said  ward  shall  consist  of 
all  that  portion  of  said  ward  bounded  on  the  south  by  Edmund 
street,  on  the  east  by  Rice  street,  and  on  the  north  by  the 
center  line  of  the  right  of  way  of  the  St.  Paul,  Minneapolis  & 
Manitoba  Railway  Company,  and  on  the  west  by  Western 
avenue. 

The  tenth  election  district  of  said  ward  shall  consist  of 
all  that  portion  of  said  ward  bounded  on  the  south  by  Lafond 
street,  on  the  west  by  Dale  street,  on  the  east  by  Western 
avenue  and  on  the  north  by  the  Great  Northern  Railway  Com- 
pany's tracks. 

(As  amended  by  Ord.  No.  2466,  approved  Aug.  22,  1904.) 

The  eleventh  election  district  of  said  ward  shall  consist 
of  all  that  portion  of  said  ward  bounded  on  the  south  by  the 
center  line  of  the  right  of  way  of  the  St.  Paul,  Minneapolis  & 
Manitoba  Railway  Company,  on  the  east  by  Rice  street,  on 
the  north  by  Front  street,  and  on  the  west  by  Western  avenue. 

The  twelfth  election  district  of  said  ward  shall  consist  of 
all  that  portion  of  said  ward  bounded  on  the  south  by  Front 
street,  on  the  east  by  Rice  street,  on  the  north  by  Minneapolis, 
avenue,  and  on  the  west  by  Western  avenue. 

The  thirteenth  election  district  of  said  ward  shall  consist 
of  all  that  part  of  the  old  thirteenth  election  district  as  now 
bounded  and  described  which  lies  northerly  of  the  Great 
Northern  Railway  tracks. 

The  fourteenth  election  district  of  said  ward  shall  consist 
of  all  that  portion  of  said  ward  bounded  on  the  south  by 
Charles  street,  on  the  east  by  Western  avenue,  on  the  north 
by  Lafond  street,  and  on  the  west  by  Kent  street. 

The  fifteenth  election  district  of  said  ward  shall  consist  of 
all  that  portion  of  said  ward  bounded  on  the  south  by  Carroll 
street,  on  the  east  by  the  eastern  boundary  of  said  ward,  on 
the  north  by  Martin  street,  and  on  the  west  by  Louis  street. 


123 

All  that  portion  of  said  ward  bounded  on  the  south  by 
Lafond  street,  on  the  west  by  Lexington  avenue,  on  the  east 
by  Dale  street  and  on  the  north  by  the  Great  Northern  Rail- 
way tracks,  shall  constitute  and  be  a  new  election  district  to 
be  known  as  the  sixteenth  election  district  of  said  ward.  (As 
amended  by  Ord.  No.  2466,  approved  Aug.  22,  1904.) 
(Ord.  No.  1740,  approved  March  8,  1894,  §2.) 

320.  Ninth  ward  divided  into  thirteen  districts — District 
boundaries. — The  Ninth  ward  is  hereby  divided  into  thirteen 
(13)  election  districts,  as  follows: 

All  that  portion  of  said  ward  lying  to  the  west  of  the  cen- 
ter line  of  "Wabasha  street  and  south  of  the  center  line  of 
Central  avenue  shall  constitute  the  first  election  district  of 
said  ward. 

All  that  portion  of  the  said  ward  lying  to  the  east  of  the 
center  line  of  Wabasha  street,  south  of  the  center  line  of 
University  avenue,  and  west  of  the  center  line  of  Jackson 
street,  shall  constitute  the  second  election  district  of  said 
ward. 

All  that  portion  of  said  ward  lying  to  the  east  of  the  cen- 
ter line  of  Jackson  street,  south  of  the  center  line  of  University 
avenue  and  west  of  the  center  line  of  Canada  street  shall 
constitute  the  third  election  district  of  said  ward. 

The  fourth  election  district  of  said  ward  shall  consisl  of 
all  that  portion  thereof  which  is  bounded  on  the  west  b)  the 
center  line  of  Canada  street,  and  on  the  north  by  the  following 
described  line,  vi/:  Commencing  on  the  center  line  of  Uni- 
versity avenue  at  the  poinl  when'  it  intersects  the  center  line 
"t  Canada  street:  running  thence  northeasterly  along  said 
center  line  of  University  avenue  to  the  center  line  of  Broad- 
way; thence  northwesterly  along  the  center  line  of  Broadway 

to  the  center  line  of  Mount  \irv  street  ;  thence  easterly  along 
the    -aid   center  line  of    Mount    Airy   street    to   the   center   line   of 

Mississippi  street. 

Tin-  lifth  election  districl  of  said  ward  shall  consisl  of  all 

that    portion  thereof  which  is  bounded  as  follows:     CommenC 

ing  on  the  center  line  of  Canada  streel   at   ita  poinl  of  in 

ion  with  the  aenter  line  of  University  avenue;  thence 
northwesterly  along  said  center  line  of  Canada   streel   to  the 


124 

center  line  of  Valley  street;  thence  westerly  to  the  center  line 
of  Linden  street;  thence  northerly  along  the  center  line  of 
Linden  street  to  its  intersection  with  the  center  line  of  Arch 
street ;  thence  southwesterly  along  the  center  line  of  Arch 
street  to  the  center  line  of  Mount  Vernon  street;  thence 
northwesterly  along  the  center  line  of  Mount  Vernon  street 
to  the  center  line  of  Pennsylvania  avenue ;  thence  easterly 
along  the  center  line  of  Pennsylvania  avenue  to  Ash  street ; 
thence  northeasterly  along  the  center  line  of  Ash  street  to 
the  center  line  of  Minnehaha  street;  thence  easterly  along  the 
center  line  of  Minnehaha  street  to  the  center  line  of  Missis- 
sippi street ;  thence  southerly  along  the  center  line  of  Missis- 
sippi street  to  the  center  line  of  Mount  Airy  street ;  thence 
westerly  along  the  center  line  of  Mount  Airy  street  to  the 
center  line  of  Broadway  street;  thence  southeasterly  along  the 
center  line  of  Broadway  street  to  the  center  line  of  University 
avenue  ;  thence  southwesterly  along  the  center  line  of  Uni- 
versity avenue  to  the  place  of  beginning. 

All  that  portion  of  said  ward  lying  north  of  the  center 
-line  of  University  avenue,  east  of  the  center  line  of  Brewster 
avenue,  south  of  the  center  line  of  Minnehaha  street,  and  west 
of  the  thirteenth  election  district  as  herein  described  shall  con- 
stitute the  sixth  election  district  of  said  ward. 

All  that  portion  of  said  ward  lying  north  of  the  center 
line  of  University  avenue,  south  of  the  center  line  of  Min- 
nehaha street  and  west  of  the  center  line  of  Brewster  avenue, 
shall  constitute  the  seventh  election  district  ot  said  ward. 

All  that  portion  of  said  ward  lying  north  of  the  center 
line  of  Minnehaha  street,  south  of  the  center  line  of  Manitoba 
avenue,  and  west  of  the  center  line  of  Sylvan  street,  shall  con- 
stitute the  eighth  election  district  of  said  ward. 

All  that  portion  of  said  ward  which  lies  to  the  east  of  the 
center  line  of  Sylvan  street,  north  of  the  center  line  of  Min- 
nehaha street  and  south  of  the  center  line  of  Lawson  street, 
from  Sylvan  street  to  Cortland  street,  and  south  of  the  center 
line  of  Cayuga  street,  from  Cortland  to  Mississippi  street, 
shall  constitute  the  ninth  election  district  of  said  ward. 

All  that  portion  of  the  said  ward  lying  north  of  the  center 
line  of  Cayuga  street  and  east  of  the  center  line  of  Cortland 
street  shall  constitute  the  tenth  election  district  of  said  ward. 


125 

The  eleventh  election  district  of  said  ward  shall  consist 
of  all  that  portion  of  said  ward  which  lies  west  of  the  center 
line  of  Cortland  street  and  north  of  a  line  described  as  fol- 
lows: Beginning  at  the  center  line  of  Rice  street  where  it  is 
intersected  by  the  center  line  of  Manitoba  avenue ;  thence 
easterly  along  the  center  line  of  Manitoba  avenue  to  the  cen- 
ter line  of  Sylvan  street ;  thence  north  along  the  center  line  of 
Sylvan  street  to  the  center  line  of  Lawson  street;  thence  east 
along  the  center  line  of  Lawson  street  to  the  center  line  of 
Cortland  street. 

The  twelfth  election  district  shall  consist  of  all  that  por- 
tion of  said  ward  lying  west  of  the  center  line  of  Wabasha 
street  and  north  of  the  center  line  of  Central  avenue. 

The  thirteenth  election  district  shall  consist  of  all  that 
portion  of  said  ward  lying  west  of  the  fifth  election  district 
as  herein  described,  east  of  the  sixth  election  district  as  herein 
described,  north  of  the  center  line  of  University  avenue,  and 
south  of  the  center  line  of  Minnehaha  street. 

(Ord.  Xo.  1409,  approved  Sept.   16,   1890,  §  1.) 

321.         Tenth     ward     divided     into     five     districts — District 
boundaries. — The  Tenth  ward  is  hereby  divided  into  five 
election   districts,  as  follows: 

All  that  portion  of 'said  ward  lying  east  of  the  center 
line  of  Snelling  avenue  shall  constitute  the  firsl  election  dis- 
trict of  said  ward. 

All  that  portion  of  said  ward  lying  west  of  the  center  line 
of  Snelling  avenue  and  easl  of  a  line  described  as  follows: 
Beginning  ai  a  point  where  the  center  line  of  Prior  avenue 
intersects  University  avenue;  thence  north  on  center  line  oi 
Prior  avenue  to  center  line  of  Territorial   Road;  thence  west 

enter  line  of  Territorial  road  to  east  line  of  righl  of  way 
of  Minnesota  Transfer  Railway  Company;  thence  north  along 

said   «ast    line  of  said   righl   of   wa\    and   said   righl    of  wa\    pro 

duced  to  the  righl  of  way  of  the  Greal    Northern   ($t.   Paul, 
Minneapolis   &   Manitoba)    Railwa)    line;    thence   easl    along 
said  lasl   mentioned  righl  of  wa\    to  the  center  line  of   Prior 
avenue;    thence  northeasl  along  the  center  line  ol   Prior  ave 
nue  to  north  city  limits,  shall  constitute  the  second  election 

•  list  rid   I  if  said    w  aid. 


126 

That  the  second  election  district  of  the  Tenth  ward,  as 
the  same  is  now  bounded  and  described,  be  and  the  same  is 
hereby  divided  into  two  election  districts  as  follows :  All 
that  part  of  said  election  district  as  now  bounded  and  de- 
scribed, which  lies  easterly  of  the  center  line  of  Fairview  ave- 
nue shall  constitute  and  be  the  second  election  district  of  said 
ward,  and  all  that  part  of  said  district  as  now  bounded  and 
described,  which  lies  westerly  of  the  center  line  of  Fairview 
avenue  shall  constitute  and  be  a  new  election  district,  to  be 
known  as  the  fifth  election  district  of  said  ward. 

(Ord.  No.  2467,  approved  Aug.  22,  1904.) 

All  that  portion  of  said  ward  west  of  the  fifth  election 
district  hereinbefore  described  and  south  of  the  right  of  way 
of  the  Great  Northern  (St.  Paul,  Minneapolis  &  Manitoba) 
Railway  line  shall  constitute  the  third  election  district  of  said 
ward. 

All  the  remaining"  portion  of  said  ward  shall  constitute 
the  fourth  election  district  of  said  ward. 

(Id.) 

322.  Eleventh  ward  divided  into  four  "  districts— District 
boundaries. — The  Eleventh  ward  is  hereby  divided  into  four 
(4)  election  districts,  as  follows  : 

All  that  portion  of  said  ward  lying  west  of  the  center  line 
of  Cleveland  avenue  and  north  of  the  center  line  of  Summit 
avenue  shall  constitute  the  first  election  district  of  said  ward. 

All  that  portion  of  said  ward  which  lies  east  of  the  center 
line  of  Cleveland  avenue,  north  of  the  center  line  of  Summit 
avenue,  from  Cleveland  to  Herschel  avenue  and  north  of  the 
center  line  of  Marshall  avenue,  from  Herschel  avenue  to 
Snelling  avenue,  and  west  of  the  center  line  of  Snelling  ave- 
nue, from  University  avenue  to  Marshall  avenue,  and  west  of 
the  center  line  of  Herschel  avenue,  from  Marshall  avenue  to 
Summit  avenue,  shall  constitute  the  second  election  district  of 
said  ward. 

All  of  the  remaining  portion  of  said  ward,  not  included  in 
the  first  and  second  election  district  as  herein  described,  which 
lies  north  of  the  center  line  of  Randolph  street  and  Randolph 
street  extended  west  in  a  straight  line  to  the  Mississippi  river, 
shall  constitute  the  third  election  district  of  said  ward. 


127 

All  of  the  remaining  portions  of  said  ward  shall  consti- 
tute the  fourth  election  district  of  said  ward. 

(Id.) 

323.  Inconsistent  ordinances  repealed. — Ordinance  number 
twelve  hundred  and  ninety  (1290),  approved  Jan.  22,  1890; 
Ordinance  number  thirteen  hundred  and  eleven  (1311),  ap- 
proved March  24,  1890 ;  Ordinance  number  thirteen  hundred 
and  ninety-two  (1392),  approved  Aug.  26,  1890,  and  all  other 
ordinances  and  parts  of  ordinances  inconsistent  with  the  pro- 
visions of  this  ordinance  are  hereby  repealed. 

(Ord.  Xo.  1400,  approved  Sept.  16.  1890,  §  2.) 
All  ordinances  and  parts  of  ordinances  inconsistent  with 
the  provisions  of  this  ordinance  are  hereby  repealed. 
(Ord.  Xo.  1740,  approved  March  8,  1894,  §  l.i 

FAKING— GRAFTING— SWINDLING. 

Ordinance  No.  1865. 

(Approved    March  4,  1896.) 

324.  An  Ordinance  to  prevent  and  suppress  faking,  graft- 

ing and  swindling  in  the  City  of  St.  Paul. 

The   Common  Council   of  the   City  of  St.   Paul  do  ordain   as 

f<  allows: 

Sec.  1.  tt  is  hereby  declared  unlawful  for  any  person, 
firm  or  corporation  to  keep  or  maintain  a  store  or  other  place 
oi  business  For  the  purpose  of  faking,  -rafting  or  swindling. 

325.  Sec.  2.  Penalty. — Any  person  who  shall  fake,  graft 
or  swindle,  or  shall  cheat  or  defraud  by  any  of  the  practices 
usually  known  as  faking,  grafting  or  swindling,  shall  be  guilty 
of  a  misdemeanor. 

326.  Sec.  3.     Duty  of  chief  of  police. —  h    is  hereby   made 

the  duty  ot  the  chief  of  police,  upon  complaint    being   made  to 

him.  that  faking,  grafting  or  swindling  is  being  carried  on 
at  any  place  within  the  City  of  St.  Paul,  contrary  to  the  pro* 
visions  of  this  ordinance,  to  require  the  police  officer  on  duty 
where  such  place  of  business  is,  to  particularly  watch  such 
place  and  to  ascertain  in  what  respecl  and  in  wh.it  manner  the 
provisions  of  this  ordinance  are  violated. 


128 

327.  Sec.   4.     Penalty. — Any   person   violating   any   of   the 

provisions  of  sections  one  and  two  of  this  ordinance  shall  be 
subjected  to  a  fine  of  not  less  than  $25  nor  more  than  $100  or 
by  imprisonment  in  the  workhouse  for  not  less  than  sixty 
nor  more  than  ninety  days. 

Sec.  5.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 


FENCES. 

(See,  also,  Building  Code.) 

Ordinance  No.  1937. 

(Approved  June  22,  1897.) 

328.  An  Ordinance  in  relation  to  the  erection  of  barb-wire 

fences  in  the  City  of  St.  Paul. 

The  Common  Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  No  person  shall  erect,  construct  or  maintain  a 
barb-wire  fence  or  part  of  fence  of  any  kind  upon  any  real 
estate  in  the  City  of  St.  Paul  in  front  of  which  real  estate  a 
sidewalk  is  constructed  parallel  with  such  sidewalk,  unless 
such  fence  shall  be  at  least  six  feet  distant  from  such  sidewalk. 

329.  Sec.  2.  Penalty. — Every  person  who  shall  erect,  con- 
struct or  maintain  such  barb-wire  fence  in  the  City  of  St.  Paul 
in  violation  of  section  1  of  this  ordinance  shall  upon  convic- 
tion thereof  before  the  Municipal  Court  of  said  city  be  pun- 
ished by  a  fine  of  not  less  than  five  dollars  ($5)  nor  more 
than  fifty  dollars  ($50),  or  by  imprisonment  in  the  St.  Paul 
workhouse  for  a  period  of  not  exceeding  thirty  days. 

Sec.  3.  This  ordinance  shall  be  in  force  from  and  after 
its  passage. 


121) 


FIRE    DEPARTMENT.     (ELECTRICAL    INSPECTOR.) 

(For  Fire  Dept.,  see,  also,  "Fire  Dept."  under  Building  Code.) 
Ordinance  No.  1917. 

(Approved  April  7,  1897.) 

An  Ordinance  to  enlarge  the  duties  of  the  Chief  of  the  Fire 
Department  of  the  City  of  St.  Paul  and  to  establish  rules 
and  regulations  concerning  electric  wiring  and  appliances. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

330.  Sec.  1.  The  Chief  of  the  Fire  Department  of  the  City 
of  St.  Paul  is  hereby  ex-omcio  constituted  the  electrical  in- 
spector of  the  City  of  St.  Paul,  and  said  Chief  of  the  Fire  De- 
partment is  hereby  empowered  to  appoint,  subject  to  the 
approval  of  the  Board  of  Fire  Commissioners,  a  suitable  per- 
son to  serve  as  an  assistant  electrical  inspector,  and  it  shall  be 
the  duty  of  said  assistant  inspector  to  assist  the  electrical 
inspector  in  the  performance  of  the  duties  imposed  upon  him 
under  the  provisions  of  this  ordinance,  and  such  assistant 
electrical  inspector,  when  so  appointed,  shall  be  a  member  of 
the  fire  department  of  said  city. 

The  person  so  appointed  as  such  assistant  shall  be  a  prac- 
tical expert  electrician  and  shall  serve  during  the  pleasure  of 
said  Board  of  Fire  Commissioners.  The  person  so  appointed 
assistant  electrical  inspector  shall  receive  as  compensation 
for  all  the  services  to  be  performed  by  him  under  the  pro- 
visions of  this  ordinance  such  compensation  as  shall  be  fixed 
by  said  Board  of  Fire  Commissioners. 

331.  Sec.  2.  Such  electrical  inspector  is  hereby  authorized, 
empowered  and  directed  to  regulate  and  determine  the  plac- 
ing of  telephone,  telegraph  and  other  signal  wins,  and  electric 
lighl  ami  power  wire-  in  and  on  all  buildings,  streets,  alleys 

and  public  Or  private  places  in  said  city  in  such  a  \\a\  .e-  t" 
pr<  'lit  fires,  accidents  or  injury  to  persons  or  property,  and 
to  cause  all  dead  wires  to  be  taken  down  within  a  period 
of  thirty  days  after  being  abandoned,  and  to  cause  .ill  elec- 
trical appliances  to  he  si,  placed,  constructed  and  guarded  as 
not  to  came  tire  or  accident  or  endanger  Ijfe  or  property;  ami 


130 

whenever,  in  the  judgment  of  said  electrical  inspector,  any 
electric  wire  or  appliance  shall  be  defective  by  reason  of  im- 
proper or  insufficient  insulation,  or  for  any  other  cause,  said 
inspector  shall  at  once  cause  the  immediate  removal  of  such 
defect.  The  assistant  electrical  inspector  shall  be  subject  to 
the  directions  and  orders  of  such  electrical  inspector,  and 
shall  have  and  possess  all  powers  conferred  by  this  ordinance 
upon  said  electrical  inspector. 

332.  Sec.  3.  The  said  electrical  inspector  shall  have  the 
right  at  any  time  to  enter  any  building,  manhole  or  subway 
in  the  discharge  of  his  official  duties,  or  for  the  purpose  of 
making  any  tests  of  the  electrical  apparatus  or  appliances 
therein  contained,  and  for  that  purpose  he  shall  be  given 
prompt  access  to  all  buildings,  public  and  private,  and  to  all 
manholes  and  subways  on  application  to  the  company  or  in- 
dividual owning  or  in  charge  or  control  of  the  same. 

333.  Sec.  4.  Said  electrical  inspector  shall  have  the  power 
to  cause  the  removal  of  all  wires  or  the  turning  off  of  all  cur- 
rents where  the  circuits  interfere  with  the  work  of  the  fire 
department. 

334.  Sec.  5.  No  alteration  or  change  shall  be  made  in  the 
wiring  of  any  building,  nor  shall  any  building  within  the  limits 
of  the  City  of  St.  Paul  be  wired  for  the  placing  of  electric 
lights,  motors  or  heating  devices,  nor  shall  any  electrical  sys- 
tems, apparatus  or  devices  of  any  kind  whatsoever  be  placed 
or  put  in  operation  without  first  securing  from  said  electrical 
inspector  a  permit  therefor,  nor  shall  any  change  be  made  in 
any  electrical  plant  after  inspection,  without  first  notifying 
said  inspector  and  securing  a  permit  therefor.  Before  any 
electrical  work  of  any  kind  shall  be  covered  up  or  in  any  man- 
ner concealed  from  view,  notice  of  the  intention  to  so  con- 
ceal and  cover  up  such  work  must  be  given  to  the  said  elec- 
trical inspector,  and  said  inspector  shall  approve  the  manner 
of  covering  or  concealing  such  work  before  the  same  shall  be 
covered  up  and  concealed  or  put  in  use. 

(As  amended  by  Ord.  No.  2007,  approved  Sept.  9th,  1898,  §  1.) 

335.  Sec.  6.  Whenever  a  system  of  electrical  wiring  is  to 
be  installed  in   a  building  it  shall  be  the  duty  of  the  party 


131 

desiring  such  installation  to  present  plans  and  specifications 
to  the  electrical  inspector  and  obtain  a  permit  for  such  in- 
stallation. Such  permit  shall  not  be  granted  unless  such 
plans  and  specifications  shall  show  that  the  wiring  is  to  be 
done  in  accordance  with  the  rules  and  regulations  prescribed 
by  the  inspector,  and  upon  the  completion  of  the  wiring  of 
any  building  it  shall  be  the  duty  of  the  company,  firm  or  in- 
dividual doing  such  wiring  to  notify  the  said  inspector,  who 
shall  at  once  inspect  the  same,  and  if  approved  by  him  shall 
issue  a  certificate  of  satisfactory  inspection  which  shall  con- 
tain the  date  of  such  inspection  and  an  outline  of  the  result 
of  such  examination,  but  no  such  certificate  shall  be  issued 
unless  the  electric  light,  power  or  heating  installation  and  all 
apparatus  and  wiring  connected  with  it  shall  be  in  strict  con- 
formity with  the  rules  and  regulations  so  prescribed  by  said 
inspector  as  hereinafter  set  forth  or  herein  prescribed;  nor 
shall  any  electrical  current  be  turned  on  such  installation 
until  said  certificate  is  issued.  Provided,  however,  that  while 
the  work  of  constructing,  altering  or  repairing  of  any  wires  or 
system  of  electrical  wiring  in  any  building  is  in  progress,  the 
said  electrical  inspector  may,  in  his  discretion,  issue  to  the 
person  procuring  such  work  to  be  done,  or  desiring  to  use  an 
electrical  current  in  said  building,  a  temporary  permit  for  the 
use  of  an  electrical  current. 

336.  Sec.   7.      It   is   hereby    made    the   duty  of   the   electrical 

inspector,  as  soon  as  practicable  alter  the  passage  of  this 
ordinance,  to  adopt  and  promulgate  proper  rules  and  require 
meuts  for  the  installation  of  wiring  and  apparatus  tor  electric 
light  and  power,  and  tin-  application  thereof  to  all  buildings 
within  the  City  of  St.  I 'aid.  and  to  file  a  cop)  of  such  rules 
and  regulations  with  the  Secretary  of  the  Hoard  ol  Fire 
Commissioners  and  also  in  the  office  of  the  Cit}  Clerk,  ami  all 
electrical  construction,  all  material  and  all  appliances  used  in 
connection  with  electrical  work  and  the  .operation  of  all  i 
trical  apparatus  used  in  an)  building  in  the  Cit)  of  St.  Paul 
shall  1><-  constructed  and  installed  in  conformity  with  the  rules 
and  regulations  sel  down  in  a  certain  pamphlel  known  a--  the 
National  Code  of   Rules  for  Wiring    I '. u i  1  <  1 1 n •  -     foi    Electrical 


132 

Lighl  and  Power,  a  copy  of  which  is  on  file  in  the  office  of  the 
City  Clerk  of  said  City  of  St.  Paul. 

337.  Sec.  8.  The  assistant  electrical  inspector  appointed 
under  the  provisions  of  the  ordinance  is  hereby,  subject  to  the 
order  and  direction  of  said  electrical  inspector,  vested  with  all 
the  power  and  duties  conferred  upon  said  electrical  inspector 
under  the  provisions  of  this  ordinance. 

All  poles,  roof  horses,  trusses  and  other  supports  for  elec- 
tric wires  now  standing  or  hereafter  erected,  and  all  covers  for 
manholes  now  in  service  or  hereafter  placed  in  service  for  the 
use  of  electric  conductors  shall  be  branded  or  stamped  with 
the  name  of  the  person,  firm  or  corporation  owning  the  same, 
and  when  so  required  by  said  electrical  inspector,  the  same 
shall  be  supplied  with  a  substantial  tag  giving  thereon  such  a 
full  description  of  the  wires  as  shall  meet  the  approval  of  said 
electrical  inspector. 

Any  and  all  dynamos,  motors,  wires  of  other  materials 
used  for  electrical  purposes  which  shall  have  become,  in  the 
opinion  of  said  electrical  inspector,  dangerous  and  unsafe  to 
persons  or  property,  shall  be  condemned  by  him  and  upon 
receiving  notice  of  such  condemnation  from  said  electrical  in- 
spector the  person  or  persons  owning  or  using  the  same  shall 
immediately  cause  the  same  to  be  put  in  safe  condition. 

In  case  any  person  or  persons  owning  or  using  any  elec- 
tric wires,  dynamos,  motors  or  other  electrical  apparatus  or 
material  of  any  nature  whatsoever  which  have  been  con- 
demned by  the  inspector  shall  fail  to  have  the  same  put  in  safe 
condition  within  forty-eight  (48)  hours  after  receiving  notice 
from  said  electrical  inspector  that  the  same  has  been  con- 
demned, or  within  such  other  reasonable  length  of  time  as 
shall  be  prescribed  by  said  electrical  inspector,  then  it  shall 
be  the  duty  of  said  inspector  to  remove  the  fuse,  cut  the 
wires,  or  by  other  means  completely  disconnect  the  con- 
demned wires,  apparatus  or  materials  from  the  source  of  elec- 
trical energy,  and  for  the  purpose  of  so  disconnecting  said 
condemned  wires,  apparatus  or  materials,  said  electrical  in- 
spector shall  have  the  right  at  any  time  to  enter  upon  any  and 
all  premises  or  buildings  of  any  nature  whatsoever  in  the  City 
of  St.  Paul  where  such  wires  or  materials  are  installed. 


-133 

And  when  any  electrical  wires,  dynamos,  motors  or  other 
electrical  wires  or  materials,  of  any  nature  whatsoever  have 
been  disconnected  or  rendered  inoperative  by  said  electrical 
inspector,  as  set  forth  in  the  foregoing  provisions  of  this  sec- 
tion, it  shall  be  unlawful  for  any  person  or  persons  to  in  any 
manner  reconnect  the  same  or  cause  the  same  to  be  recon- 
nected with  any  source  of  electrical  energy  or  to  use  the  same 
as  part  of  any  electrical  system  until  they  have  been  put  in 
safe  condition  and  a  certificate  of  acceptance  of  such  safe  con- 
dition has  been  issued  by  said  electrical  inspector. 
(As  amended  by  Ord.  No.  2007,  approved  Sept.  9,   1898,  §3.) 

Note,  §  4. 

338.  Sec.  9.  Any  person,  firm  or  corporation  who  shall 
wilfully  violate  any  of  the  provisions  of  this  ordinance  shall 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  ten  dollars  ($10)  nor  more 
than  fifty  dollars  ($50),  or  by  imprisonment  for  not  less  than 
fifteen  <  L5)  days  nor  more  than  sixty  (60)  days  for  each  and 
every  violation  of  this  ordinance,  in  the  discretion  of  the 
court. 

Sec  10.     This  ordinance  shall  be  in  force  and  take  effect 
from  and  after  its  passage  and  publication. 


Ordinance  No.  2285. 

(Approved  .May  81,   L902J 

An  Ordinance  authorizing  Samuel  Cohen  to  erect  a  frame 
building  10  by  12  feet  upon  lot  6,  block  9,  Bazille  and 
Robertson's  Addition  to  the  City  of  St.  Paul. 

The  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

339.  Sec.  1.  That  permission  and  authorit}  are  hereb} 
granted  to  Samuel  Cohen  to  construd  and  efecf  upon  loi  6, 
block  9,  Bazille  and  Robertson's  Addition  to  the  Cit)  of  St. 
Paul,  a  frame  building  substantially  L0  by  L2  feet,  the  struc- 
ture to  be  covered  with  corrugated  iron  with  a  gravel  i 
said  structure  to  be  con  trticted  under  the  superintendence 
of  the   Building  [nspector  of  the  City  of  St.   Paul,  and  said 


134 

Building  Inspector  is  hereby  authorized  to  issue  to  said 
Samuel  Cohen  a  proper  permit  therefor. 

Sec.  2.     This  ordinance  shall  take  effect  and  be  in  force 
from   and  after  its  passage,  approval  and  publication. 

FIRE     ALARM      TELEGRAPH      AND      FALSE     FIRE 

ALARMS. 

(See,  also,  Electric  Wires.) 

340.  False  fire  alarms — Penalty. — That  should  any  person 
or  persons  knowingly  give,  or  cause  to  be  given,  any  false 
alarm  of  fire,  by  means  of  the  telegraph  boxes  connected  with 
the  fire  alarm  telegraph,  such  person  or  persons  shall  be  sub- 
ject to  pay  a  fine  of  not  less  than  fifty  dollars  ($50)  nor  more 
than  one  hundred  dollars  ($100),  to  be  recovered  by  proceed- 
ings before  the  judge  of  the  municipal  court. 

(Ord.     of    April    1,    1873,  in     Municipal    Code    1884,    Article 

XXIV.,  §  1.) 

341.  False  fire  alarms — Penalty — Inconsistent  ordinances 
repealed. — It  shall  be  unlawful  for  any  person  knowingly  to 
give,  or  cause  to  be  given,  or  to  aid  in  giving,  or  causing  to  be 
given,  any  false  alarm  of  fire  by  means  of  the  telegraph  boxes 
connected  with  the  fire  alarm  telegraph,  or  by  means  of  mes- 
sage by  telephone,  or  otherwise,  or  by  causing  word  to  be 
given  or  sent  to  the  fire  department  headquarters,  or  to  any 
of  the  engine  houses  or  police  stations  of  the  City  of  St.  Paul, 
whereby  the  fire  apparatus  of  said  city,  or  any  part  of  said 
apparatus  is  called  out,  or  caused  to  leave  any  of  the  engine 
houses. 

342.  Penalty. — Any  person  violating  the  provisions  of  this 
section  shall  be  punished  on  conviction  thereof  by  a  fine  not 
exceeding  one  hundred  dollars  ($100)  or  imprisonment  for  a 
period  not  exceeding  ninety  (90)  days. 

All  ordinances  and  parts  of  ordinances  inconsistent  here- 
with are  hereby  repealed. 

(Ord.  No.  1673,  approved  April  18,  1893,  §§  1,  2.) 

343.  Unauthorized  persons  not  to  make  or  use  keys  for 
fire  alarm  box — Penalty. — That  it  shall  be  unlawful  for  any 
person  or  persons  to  make,  or  cause  to  be  made,  any  key  or 


135 

keys  of  any  fire  alarm  telegraph  box,  or  use,  or  attempt  to 
use,  or  cause  to  be  used,  said  key  or  keys,  except  the  chief  of 
the  fire  department,  and  those  acting"  under  his  express  au- 
thority in  writing,  or  by  express  authority  of  the  common 
council  of  St.  Paul,  and  any  person  or  persons  violating,  or  at- 
tempting to  violate  this  section,  may  be  fined  in  any  sum  not. 
less  than  fifty  dollars  ($50)  nor  more  than  one  hundred  dol- 
lars ($100),  by  proceedings  before  the  judge  of  the  Municipal 
Court. 

(Ord.  of  April  1,  1873,  see    Municipal  Code  1884.) 

344.  Interference  with  fire  alarm  telegraph  forbidden — 
Penalty. — It  shall  be  unlawful  for  any  person  or  persons  not 
duly  authorized  by  the  proper  authority  to  cut  or  remove,  or 
in  any  way  alter  or  interfere  with,  the  fire  alarm  telegraph 
wire  or  wires,  or  with  any  part  of  the  machinery,  fixtures, 
boxes,  poles,  or  glass,  in  an}-  way  attached  or  appertaining 
thereto;  and  any  person  who  shall  violate  this  section  shall 
\><-  subject  to  a  fine  of  not  less  than  fifty  dollars  ($50)  nor 
more  than  one  hundred  dollars  ($100),  to  be  enforced  by  pro- 
ceedings before  the  judge  of  the  Municipal  Court. 

(Id.  §3.) 

FIREWORKS  AND  FIREARMS. 
Ordinance  No.  2395. 

345.  An   Ordinance  to  prohibit  the  sale  or  use  of  certain 

firearms,  crackers  and  fireworks  in  the  City  of  St. 
Paul. 

The  Common   Council  of  the   City  of  St.    Paul  do  ordain  as 
f<  >11<  i\vs  : 

Sec.   I.      That  hereafter  it  .shall  be  unlawful  for  any  pel 

within  or  adjacent  to  any  inhabited  portion  of  the  City  of  St. 
Paul  to  shool  or  discharge  any  gun,  revolver,  pistol  or  fire- 
arms of  any  kind  or  description,  whether  the  same  be  loaded 

with  powder  and   ball  or  shot,   loaded   or  blank   cartridges,  so- 
called,  or  any  kind  of  explosive  whatever,  or  to  shool  or  dis- 
charge an)   preparation  of  chlorate  of  potash,  mixture  of  9ul 
phur  and  saltpeter,  or  other  dangerous  explosive,  or  any  mud 

cans,   -..called,    toy    cannon,    loaded    anvils   or   similar   devices, 


136 

or  any  giant  or  cannon  crackers,  or  any  fire  crackers  exceed- 
ing four  inches  in  length,  or  any  kind  of  fireworks  or  ex- 
plosives whatever,  dangerous  to  persons  or  property,  and  all 
such  acts  are  hereby  prohibited. 

346.  Sec.  2.  Sale  is  restricted. — That  hereafter  it  shall  be 
unlawful  for  any  person  or  dealer  therein,  at  any  time  during 
thirty  days  next  preceding  the  fifth  day  of  July  in  each  year, 
to  sell,  expose,  or  offer  for  sale,  or  in  any  manner  furnish  or 
dispose  of  to  any  resident  of  the  City  of  St.  Paul,  or  to  any 
other  person  for  use  in  said  city,  or  to  any  minor  person  at 
any  time,  any  blank  cartridge,  pistol  or  revolver,  or  any  blank 
cartridges,  or  any  of  the  explosives,  fire  crackers  or  fireworks, 
the  use  of  which  is  prohibited  in  section  one  of  this  ordinance, 
and  all  such  acts  are  hereby  prohibited. 

347.  Sec.  3.  Punishment. — That  any  person  who  shall 
violate  any  of  the  terms  or  provisions  of  this  ordinance  shall, 
upon  conviction  thereof,  be  punished  by  a  fine  of  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars,  for  each 
offense. 

Sec.  4.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 
Approved  Sept.  8,  1903. 

348.  Fireworks  to  be  kept  in  fire-proof  vault — Penalty. — 
No  squibs,  rockets,  crackers,  serpents,  or  other  fireworks  con- 
taining powder  or  other  combustible  or  explosive  materials, 
shall  be  kept  or  stored  within  the  limits  of  the  City  of  St. 
Paul,  except  the  same  be  kept  in  a  fireproof  vault,  under  the 
penalty  of  not  less  than  fifty  dollars  ($50)  nor  more  than  one 
hundred  dollars  ($100)  for  each  offense,  and  a  like  penalty  for 
every  twenty-four  (24)  hours  that  said  rockets,  squibs,  crack- 
ers, or  other  fireworks  containing  the  aforesaid  materials 
shall  be  kept  or  stored  after  the  first  conviction. 

fOrd.  No.  417,  approved  July  1,  1884,  §  1.) 


137 

FRUITS,  BERRIES,  VEGETABLES,  FARM  PRODUCE, 

ETC. 

(See,  also.  Licenses.) 

349.  Fruits  and  berries  to  be  sold  by  barrel  or  bushel — 
Exceptions. — It  shall  be  unlawful  for  any  person  to  sell,  or 
offer  for  sale,  fruits  or  berries,  within  the  City  of  St.  Paul, 
except  by  the  barrel,  bushel,  or  some  aliquot  part  of  a  bushel, 
according  to  the  table  of  dry  measure  ;  nor  shall  it  he  lawful 
to  sell  fruits  or  berries  in  packages,  except  every  such  package 
contain  a  barrel,  a  bushel,  or  some  aliquot  part  of  a  bushel, 
according  to  the  table  of  dry  measure;  provided,  that  this  sec- 
tion shall  not  apply  to  dry  or  preserved  fruits  and  berries,  or 
to  the  sale  of  fruits  retailed  at  a  fixed  price  per  piece  or  num- 
ber. 

(Ord.  No.  123,  approved  July  3,  1877,  §  1.) 

350.  Fruits  and  berries  to  be  of  equal  goodness  in  every 
part  of  package. — All  fruits  or  berries,  fresh  or  dried,  sold  or 
offered  for  sale  in  the  City  of  St.  Paul,  in  packages,  shall  be 
of  equal  goodness  in  every  part  of  the  package. 

'(Id.  §2.) 

351.  Penalty — Half  to  complainant. — Any  person  or  per- 
sons guilt\-  of  a  violation  of  any  provisions  of  either  of  the 
foregoing  section,  shall,  upon  conviction,  be  fined  not  less  than 
five  dollars  ($5)  nor  more  than  twenty-live  dollars  ($25)  for 
every  such  violation;  one-half  of  said  fine  shall  be  paid  to  the 
person  upon  whose  complaint  and  Information  such  convic 
tion  is  obtained. 

(Id.  §3} 

352.  Fruits,  vegetables,  farm  produce,  etc.,  in  railroad  cars 
or    depot — Sale    of — License — Penalty — Exceptions — Price    of 
license. —  No  person  shall  sell,  or  offer  for  sale,  barter,  or  e\ 
change,  any  carload  lot,  or  any   less  quantit)   of  fruit,  \ 
table  or  farm  produce,  butter,  cheese,  eggs,  game  or  poultry, 
contained  in  any  railroad  ear  or  in  .in\   railroad  freighl  depol 
or  warehouse  within  the  City  of  St.  Paul  withoul  firsl  obtain 
Ing  an  annual  license  to  engage;  in  such  business,  under  a  pen 
alty  of  not  less  than  twenty  five  dollars  ($25)  nor  more  than 
one  hundred  dollars  ($100)  for  each  offense;  provided,  how- 


138 

ever,  the  provisions  of  this  section  shall  not  apply  to  any 
farmer,  gardener,  fruit  or  vine  grower  engaged  in  selling  the 
produce  of  his  farm,  garden,  orchard,  or  vineyard,  nor  to  any 
fruit  or  commission  merchant  having  a  storehouse  and  estab- 
lished place  of  business  in  this  city. 

Every  person  before  engaging  in  the  business  or  occupa- 
tion mentioned  in  the  preceding  section  shall  pay  to  the  City 
of  St.  Paul  an  annual  license  fee  of  two  hundred  dollars  ($200) 
in  the  manner  provided  by  the  ordinances  of  said  city  concern- 
ing licenses. 


GAMBLING,  BETTING,  POOL  ROOMS. 

353.  Gaming  prohibited. — That  all  descriptions  of  gaming 
and  fraudulent  devices  and  practices  in  gaming,  and  all  play- 
ing  cards,  dice,  or  other  games  of  chance  are  hereby  pro- 
hibited. 

(Ord.  No.  424,  approved  July  30,  1884,  §  1.) 

354.  Gambling  devices,  gambling  houses,  cards,  etc.,  pro- 
hibited.— All  E.  O.  or  roulette  tables,  faro  or  pharo  banks,  and 
all  gaming  with  cards,  gaming  tables,  or  gambling  devices, 
and  all  description  of  gaming,  and  all  houses  and  places  for 
the  purpose  of  gambling  and  fraudulent  devices  and  practices, 
and  all  playing  of  cards,  dice,  or  other  games  of  chance,  are 
hereby  prohibited  from  being  set  up  or  used,  or  kept  for  gam- 
ing or  gambling  purposes,  in  the  City  of  St.  Paul. 

(Id.  §2.) 

355.  Faro  and  gambling  devices  prohibited. — No  person 
within  the  City  of  St.  Paul  shall  deal  cards  at  the  game  called 
faro,  pharo,  or  forty-eight  (48),  whether  the  same  shall  be 
dealt  with  fifty-two  (52),  or  any  other  number  of  cards,  and 
no  person  shall  keep,  to  be  used  in  gaming,  any  gambling  de- 
vice whatever. 

(Id.  §3.) 

356.  Betting  prohibited. — No  person  shall  bet  any  money 
or  other  property  at  or  upon  any  gaming  table,  game  or  de- 
vice prohibited  by  this  ordinance. 

(Id.  §4.) 


139 

357.  Gambling  houses  and  places  prohibited. — No  person 
shall  keep  any  house  or  place  for  the  purpose  of  gambling,  nor 
shall  any  person  suffer  any  gaming  table,  bank,  or  gambling 
device  prohibited  in  this  ordinance  to  be  set  up  or  used  for 
the  purpose  of  gaming  in  any  house,  building,  steamboat,  raft, 
keel,  boat,  or  boom,  lot.  shop,  yard,  or  garden  to  him  belong- 
ing, or  bv  him  occupied,  or  of  which  he  has  the  control. 

(Id.  §  5.) 

358.  Gambling  tables  and  fixtures  to  be  seized. —  If  any 
person  or  persons  shall  keep  tables,  or  furniture,  or  fixtures, 
or  instruments  for  gaming,  or  used  or  intended  for  use  in 
gaming  or  gambling,  in  or  out  of  any  house,  room,  or  place, 
such  tables  or  instruments  may  be  seized  and  taken  into  cus- 
tody by  any  police  officer  of  the  City  of  St.  Paul;  and  it  is 
hereby  made  the  express  duty  for  all  police  officers  or  police- 
men to  enter  any  place,  house,  room,  or  tent,  or  booth,  and 
seize  said  gaming  tables,  instruments,  or  fixtures,  and  hold 
and  keep  the  same. 

(Id.  §  6.) 

359.  Visiting  and  betting  at  gambling  places  prohibited — 
Police  to  visit  and  arrest  offenders. — No  person  shall  visit  any 
place,  or  house,  or  room  used,  occupied,  or  in  any  way  design- 
ed for  gaming  purposes,  and  there  bet  any  money  or  valuable 
thing  on  any  game  or  device,  whether  played  with  cards  or 
otherwise;  and  it  shall  be  the  duty  of  police  officers  of  the 
city  to  \  i^it  ad  houses,  places,  rooms,  tents,  or  booths,  where 
any  such  gambling  is  earned  on  in  violation  of  this  ordi- 
nance, and  to  arrest  ad  persons  violating  any  part  of  this  sec- 
tion, or  any  part  or  portion  of  this  ordinance. 

'Id.  §7.) 

360.  Penalty. — Any  person  or  persons  found  guilty  oi  \i'> 
latin-  any  i  if  the  provisions  of  this  ordinance  shall  be  punished 

by  a  fine  of  not  less  than  ten  dollars  ($10)  nor  more  than  one 

hundred  dollars   ($100)   Or  by   imprisonmenl    in   the   workhouse 

of  the  City  of  St.  Paul  not  more  than  ninety  (90)  days. 

(Id.  §8,  as  amended  by  I  >rd.  1766,  approved  June  I.  1894,  §  I.) 

361.  Ordinances     repealed. — All     ordinances     inconsfstenl 

with   tin-,  ordinance  are  hereb)    repealed. 

I 1  >rd.  No.   I-.'  I.  appro-\  ed  Jul}   30,   L88  I,  $  9.  i 


140 

362.  Betting  on  game,  horse  race,  etc.,  gaming  and  aiding 
and  abetting  prohibited. — No  person  shall,  within  the  limits 
of  the  City  of  St.  Paul,  either  directly  or  indirectly,  bet  or  risk 
any  money  or  other  property  at  or  upon  any  game  or  device, 
or  horse  race,  or  contest. of  any  kind  whatever,  or  upon  the 
happening  of  any  event,  or  the  result  of  any  event,  or  engage 
in  any  gaming  of  any  kind  whatever  in  which  money  or  other 
property  is  directly  or  indirectly  bet,  wagered,  staked  or 
risked,  or  aid  or  abet,  directly  or  indirectly,  any  other  person 
or  persons  in  doing  any  of  said  acts. 

(Ord.  No.  1714,  approved  Nov.  23,  1893,  §  1.) 

363.  Persons  engaged  as  principal,  etc.,  in  pool  selling  or 
gaming  business  to  be  deemed  to  aid  and  abet. — All  persons 
who  act  as  principal,  agent,  manager,  assistant,  or  employe 
in  the  business  of  any  pool  selling  establishment,  or  in  the 
business  of  any  other  place  where  pool  selling  or  gaming,  or 
any  acts  hereby  prohibited,  are  carried  on,  shall  be  deemed 
to  aid  and  abet  in  said  acts. 

(Id.  §2.) 

364.  Persons  furnishing  information  to  be  deemed  to  aid 
and  abet. — Any  person  who,  in  any  of  the  places  above  men- 
tioned, for  the  purpose  of  facilitating  or  assisting  in  the  mak- 
ing or  decision  of  bets  or  wagers,  furnishes  or  assists  in  fur- 
nishing any  information  concerning  any  event  about  to  occur, 
or  the  result  of  any  event,  shall  be  deemed  to  aid  and  abet  in 
the  acts  herein  prohibited. 

(Id.  §  3.) 

365.  Visiting  and  betting  at  gambling  places  prohibited. — 
Police  to  visit  and  arrest  offenders. — No  person  shall  visit  any 
place  or  house  or  room  used,  occupied,  or  in  any  way  designed 
for  gaming  purposes,  and  there  bet  or  wager  any  money  or 
valuable  things  on  any  game  or  device,  or  the  happening  of 
any  event,  or  the  result  of  any  event.  It  shall  be  the  duty  of 
the  police  officers  of  the  city  to  visit  all  places  where  such 
gambling  is  carried  on  in  violation  of  this  ordinance  and  to 
arrest  all  persons  violating  any  part  or  portion  of  this  ordi- 
nance. 

(Id.  §4.) 


141 

366.  Betting  on  what  is  represented  as  horse  race  or  event, 
etc.,  is  violation  of  ordinance — Aiding  and  abetting. — The  bet- 
ting or  wagering  of  any  money  or  property  in  any  place 
herein  mentioned  on  the  result  of  that  which  is  represented 
in  such  place  as  a  game,  or  horse  race,  or  contest,  or  event 
which  has  occurred,  is  occurring,  or  is  about  to  occur,  is  here- 
by prohibited  and  is  declared  a 'violation  of  this  ordinance  the 
same  as  if  said  game,  or  horse  race,  or  contest,  or  event  were 
an  actual  game,  or  horse  race,  or  contest,  or  event ;  and  the 
aiding,  abetting,  or  assisting  in  the  making  or  decision  of  any 
bet  or  wager  upon  the  result  of  that  which  is  represented  in 
any  such  place  as  a  game,  or  horse  race,  or  contest,  or  event 
is  hereby  prohibited,  and  is  declared  a  violation  of  this  ordi- 
nance. 

(Id.  §  5.) 

367.  Penalties. — That  any  person  or  persons  guilty  of  vio- 
lating any  of  the  provisions  of  this  ordinance  shall,  on  con- 
viction thereof,  be  fined  in  a  sum  not  more  than  one  hundred 
dollars  ($100)  or  eighty- (80)  days'  imprisonment  in  the  city 
workhouse,  and  not  less  than  ten  dollars  ($10)  or  ten  (10) 
days'  imprisonment  in  the  citv  workhouse. 

(Id.  §  G.) 

368.  Pool  room  declared  public  nuisance. — That  each  and 
every  public  place  in  the  City  of  St.  Paul  which  is  or  shall  be 
used  for  a  pool  room,  and  where  are  kept  such  gaming  or 
fraudulent  devices  as  pertain  thereto,  wherein  any  form  or 
manner  of  betting  upon  any  game  or  the  result  of  any  event 
is  permitted  or  allowed,  is  hereby  declared  to  be  a  public  nuis- 
ance. 

(Id.  §  5.) 

369.  Renting  or  permitting  building  to  be  used  for  pool 
room  or  gambling  house  prohibited. — That  each  and  every 
owner,  occupant  or  person  Having  charge  of  any  building,  or 
any  person  who  shall  rent  or  permit  any  building  to  be  I 
wholly  or  in  part  for  a  pool  room,  as  above  described,  for  the 
keeping  therein  of  any  manner  of  game  or  fraudulent  d< 

or  practices,  or  who  shall  rent  any  building  therefor  or  per 
mit  therein  the  playing  with  cards  or  dice  or  other  games  oi 

chance,    or   any    form    or    manner    of    betting    upon    an\     game, 


142 

or  the  result  of  any  event,  for  money,  shall  be  guilty  of  a  mis- 
demeanor. 

(Id.  §  2.) 

370.  Frequenting  pool  room  prohibited. — Any  person  fre- 
quenting any  pool  room  within  the  City  of  St.  Paul,  wherein 
are  kept  any  manner  of  fraudulent  devices  or  practices,  or 
wherein  any  playing  with  cards  or  dice,  or  any  games  of 
chance,  for  money,  or  wherein  any  form  or  manner  of  betting 
upon  any  game,  or  the  result  or  happening  of  any  event,  is 
permitted  or  allowed,  shall  be  guilty  of  a  misdemeanor. 

(Id.  §3.)  " 

371.  Betting  and  gaming  in  pool  room  prohibited. — Any 
person  participating  in  any  manner  of  gaming  or  fraudulent 
devices  or  practices,  or  who  shall  play  with  cards  or  dice  or 
other  games  of  chance,  or  who  shall  bet  upon  any  game, 
or  the  result  of  any  event,  in  any  pool  room  in  the  City  of  St. 
Paul  shall  be  guilty  of  a  misdemeanor. 

(Id.  §4.) 

372.  Boards,  writings,  messages,  etc.,  prohibited. — Who- 
ever uses  or  permits  the  use  of  any  boards,  writings,  printing, 
lists,  messages  or  any  apparatus  whatsoever  within  the  City 
of  St.  Paul,  for  the  purpose  of  showing  the  progress  of  any 
event,  game  or  games  upon  which  money  is  being  wagered, 
intending  thereby  to  facilitate  or  assist  in  determining  said 
wager,  shall  be  guiltv  of  a  misdemeanor. 

(Id.  §5). 

373.  Police  to  arrest  and  prosecute  offenders. — It  is  here- 
by made  the  duty  of  the  police  department  of  this  city  to  ar- 
rest and  prosecute  all  persons  violating  the  provisions  of  this 
ordinance. 

(Id.  §6.) 

374.  Penalties. — Any  person  violating  any  of  the  pro- 
visions of  this  ordinance  shall,  upon  conviction  thereof,  be 
fined  in  the  sum  of  not  less  than  twenty  dollars  ($20)  nor 
more  than  one  hundred  dollars  ($100),  or  by  punishment  by 
imprisonment  in  the  St.  Paul  workhouse  for  a  period  not 
less  than  one  (1)  month,  nor  more  than  three  (3)   months. 

(Id.  §  6.) 


143 

375.  Term  "pool  room"  defined. — The  term  "pool  room" 
as  used  in  this  ordinance  shall  be  held  to  mean  such  place  or 
places  as  are  or  shall  he  occupied  or  used  by  bookmakers, 
so-called,  for  the  purpose  of  pool  selling,  so-called,  or  for  the 
furnishing  of  such  information  as  will  enable  or  induce  par- 
ties to  hazard  money  or  other  valuable  considerations  upon 
contests  of  strength,  speed,  skill,  endurance,  or  chance,  or 
upon  the  result  of  any  election  or  other  event. 

(Id.  §7.) 

GARBAGE,    NIGHT    SOIL,    ETC.— RAGS,    ETC.,    CAT- 
TLE, ETC.,  IN  TENEMENT  HOUSES. 

(See.  also.  Health  Department.) 

376.  Unlawful  to  dump  garbage,  etc. — Penalty. — That  it 
shall  he  unlawful  for  any  person  to  dump  or  deposit  at  any 
place  within  the  city  limits  of  the  City  of  St.  Paul  any  night 
soil,  garbage,  manure,  ashes  mixed  with  garbage,  or  other 
putrid  and  offensive  substances. 

Any    person    violating    the    provisions    of    this    ordinance 
shall  be  punished  by  a  fine. of  not  less  than  five  dollars   ($5) 
nor  more  than  one  hundred  dollars  ($100.) 
(Ord.    No.   936,   a]. proved    May    L5,    1888,    §§  1,    2.     See,   also, 
"Health    I  >epartment") 

377.  Garbage,  etc.,  to  be  conveyed  in  tight  receptacles — 
Penalty. — It  shall  be  unlawful  for  any  person  to  collect,  trans- 
port or  conv<\  within  the  city  limits  of  the  City  of  St.  Paul 
any  garbage  or  any  other  putrid  substances,  excepl  the  same 
shall  be  placed  and  transported  in  tighl  receptacles,  so  made 

and    kept    that    no   offensive   Odors   can    exhale    therefrom. 

\ny  person   violating  the  provisions  of  section  one   (1) 

of  this  ordinance  shall  he  punished  by  a  tine  of  not  less  than 
five    doll;  I    nor    more    than    fifty    dollars    ($50)    for    each 

oil'.   ; 

I  ird.  No.  988,  approved  Aug.  7,  L888,  §S  I,  2.) 

378.  Tenement  houses  and  other  places  to  keep  suitable 
receptacles  for  garbage — Term  "garbage"  defined — Not  to  be 
mixed   with  ashes,   etc.,   or    scattered   in    streets,   etc. — Rags, 


Ill 

horses,  cattle,  etc.,  not  to  be  kept  in  tenement  houses — Pen- 
alty.— Each  and  every  person,  firm,  or  corporation  using  or 
occupying  any  tenement,  dwelling  house,  lodging  house,  ho- 
tel or  other  building  as  a  residence  or  place  of  business  shall 
provide  and  maintain  proper  and  suitable  receptacles  for  re- 
ceiving garbage,  which  receptacles  shall  consist  of  water-tight 
vessels,  constructed  of  hardwood  or  metal  and  covered  and 
not  too  large  for  convenient  handling,  and  shall  be  placed 
by  the  occupants  of  such  buildings  at  a  point  on  the  premises 
accessible  to  the  persons  collecting  the  garbage. 

Garbage  shall  be  construed  to  mean  kitchen  offal  and  all 
other  refuse  matter  composed  of  either  animal  or  vegetable 
substance. 

Householders  and  others  who  offer  garbage  to  be  re- 
moved shall  not  be  permitted  to  mix  with  it  dirt,,  ashes, 
stones,  sticks  of  wood,  or  other  substances  foreign  to  it. 

No  person  shall  cause  or  permit  garbage  to  be  thrown  or 
scattered  in  any  of  the  streets,  alleys,  or  on,  in,  or  about  any 
such  premises,  or  on  any  vacant  or  occupied  real  estate. 

No  tenement  or  lodging  house,  nor  any  portion  thereof, 
shall  be  used  as  a  place  of  storage  for  any  combustible  article 
or  rags,  or  any  article  dangerous  or  detrimental  to  health,  nor 
shall  any  horse,  cow,  calf,  swine,  pig,  sheep  or  goat  be  kept 
in  such  house. 

Any  person  who  violates,  neglects,  or  refuses  to  comply 
with  any  of  the  provisions  of  this  section  shall  be  subject  to 
a  fine  not  exceeding  one  hundred  dollars  ($100)  nor  less  than 
twenty-five  dollars  ($25)  for  each  offense. 
(Ord.   No.   1681,   approved   May   11,   1893,   §  1.     See   "Health 

Department.") 

379.  An  Ordinance  instructing  the  Commissioner  of 
Health  to  bind  reports  of  garbage  contractors,  to 
receive  and  enter  complaints  in  regard  to  the  col- 
lection of  garbage,  and  to  investigate  such  com- 
plaints. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  It  is  hereby  made  the  duty  of  the  Commissioner 
of  Health  of  the  City  of  St.  Paul  to  receive  and  semi-annually 


145 

to  have  substantially  bound  the  reports  that  are  made  from 
month  to  month  in  detail  by  the  contractors  for  collecting 
garbage ;  the  said  reports  to  be  furnished  the  Health  Depart- 
ment upon  blanks  printed  from  a  form  (copy)  furnished  by 
the  Commissioner  of  Health;  and  it  is  also  made  the  duty 
of  the  Health  Commissioner  to  receive,  and  enter  as 
received,  in  a  properly  prepared  book  all  complaints  made 
in  regard  to  the  collection  of  garbage  or. relating  to  the  dis- 
position thereof,  as  provided  in  the  contract  for  collecting 
garbage. 

380.  Sec.  2.  To  examine  complaints. — The  said  Commis- 
sioner of  Health,  upon  the  receipt  of  any  complaint  made  in 
regard  to  the  collecting  of  garbage  or  the  disposition  of  the 
same,  shall  at  once  examine  the  same  and  the  cause  thereof, 
and  he  shall  see  that  the  said  garbage  contract  is  in  all  things 
properly  performed  according  to  the  conditions  and  terms  of 
said  contract  mentioned. 

381.  Sec.  3.  Old  ordinances  repealed. — Consecutive  sec- 
tion 538  of  Ordinance  of  City  of  St.  Paul  of  1896  and  all  ordi- 
nances or  parts  of  ordinances  inconsistent  with  this  ordinance 
are  hereby  repealed. 

(Ordinance  No.  1912,  approved  Feb.  19,  1897.) 

382.  An   Ordinance   prescribing   rules  and   regulations  for 

the  removal   of   garbage   by  private  parties   in  the 
City  of  St.  Paul. 
The   Common   Council  of  the  City  of  St.   Paul   do  ordain   as 
follows: 

Sec.  1.  From  and  after  the  passage,  approval  and  pub- 
lication of  fhis  ordinance  it  shall  be  unlawful  for  any  person 
to  collect  or  solicit  any  garbage  from  any  place  within  the 
corporate  limits  of  the  City  of  St.  Paul  without  having  firsl 

obtained    a    license    BO    tO    do,    as    hereinafter    prescribed,    from 

the  C< >mmi88ioner  of  I  tealth. 

383.  Sec.   2.     Who  may  collect. — Any   person    may,   upon 
application  to  tin-  Commissioner  of  Health,  and  upon  signing 
a  written  agreement,  in  a  form  to  be  approved  by  the  Coi 
poration  Attorney,  to  properly  remove  all  garbage  collected 


146 

by  any  such  person  and  leave  the  premises  in  a  sanitary  con- 
dition, receive  a  license  permitting  such  person  to  remove  gar- 
bage from  certain  specified  places  as  designated  by  the  Com- 
missioner of  Health. 

384.  Sec.  3.  Penalty. — Any  person  who  shall  violate  any 
of  the  provisions  of  this  ordinance  shall,  upon  conviction 
thereof,  be  fined  in  a  sum  of  not  less  than  $5,  nor  more  than 
$25,  or  by  imprisonment  for  not  less  than  five  days,  nor  more 
than  thirty  days  in  the  workhouse  in  the  City  of  St.  Paul. 

Sec.  4.     This  ordinance  shall  take  effect  and  be  in  force 
from   and   after   its   passage,   approval   and   publication. 
(Ordinance  No.  2273,  approved  April  5,  1902.) 

GONGS. 

385.  Gongs  not  to  be  sounded  along  streets,  etc. — Pen- 
alty.— It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion to  sound  gongs  on  or  along  the  streets,  highways,  alleys 
or  other  public  property  or  places  for  the  purpose  of  advertis- 
ing any  auction  sale  or  other  business  or  for  the  purpose  of 
attracting  attention  to  any  advertising  wagon  or  other  vehicle 
or  otherwise,  or  in  any  manner  sound  gongs  on  or  along  any 
of  the  streets,  highways,  etc.,  of  the  City  of  St.  Paul  for  any 
cause. 

386.  Penalty. — Any  person  convicted  of  violating  the  pro- 
visions of  this  ordinance  shall  be  fined  in  a  sum  not  less  than 
twenty-five  dollars  ($25)  nor  more  than  one  hundred  dollars 
($100.) 

(Ord.  Xo.  717,  approved  Sept.  7,  1886,  §§  1,  2.) 

GUNPOWDER  AND  GUNCOTTON. 

387.  Not  to  be  kept  or  sold  without  permission — Pen- 
alty— Exception. — No  person  shall  keep,  sell  or  give  away 
gunpowder  or  guncotton,  in  any  quantity,  without  first  hav- 
ing paid  into  the  city  treasury  the  sum  of  five  dollars  ($5) 
[fifteen  dollars  ($15).  See  §392,  this  Article]  and  ob- 
tained from  the  common  council  or  city  clerk  a  permission 
in  writing,  signed  by  the  city  clerk,  and  sealed  with  the  cor- 
porate seal,  under  a  penalty  not  exceeding  fifty  dollars   ($50) 


147 

for  every  offense,  provided  any  person  ma)'  keep  for  his  own 
use  not  exceeding  one  (1)  pound  of  powder,  or  one  (1)  pound 
of  guncotton  at  one  and, the  same  time. 

(Ord.   approved  Oct.   7,   1869,  in  Article   XXXII. ,   Municipal 
Code  of  1884,  §  1.) 

388.  Application  for  permission  to  council — Number  of 
permits  allowed — Clerk  to  make  register — Quantity  to  be 
kept — How  kept,  sold  and  weighed — Sign  at  front  door — 
Penalty. — All  applications  for  permits  shall  be  addressed  to 
the  common  council,  in  writing,  signed  by  the  applicant.  Not 
exceeding  four  (4)  permits  shall  be  granted  in  any  one  block; 
when  the  number  of  applications  in  any  block  shall  at  any 
time  exceed, the  number  to  be  granted,  the  requisite  number 
shall  be  chosen  by  ballot.  When  issued,  the  clerk  shall  make 
an  entry  thereof  in  a  register  to  be  provided  for  the  purpose, 
which  entry  shall  state  the  name  and  place  of  business,  and 
date  of  permit.  Persons  to  whom  the  permit  may  be  issued 
shall  not  keep,  at  his  place  of  business,  or  elsewhere,  within 
the  city,  a  greater  quantity  of  gunpowder  or  guncotton  than 
twenty-five  (25)  pounds  at  one  time,  and  the  same  shall  be 
kept  in  tin  canisters  or  cans  or  kegs  securely  hooped  and 
headed,  containing  not  to  exceed  twenty-five  (85)  pounds 
each,  and  in  a  situation  remote  from  fires  or  lighted  lamps, 
candles  or  gas,  from  which  they  may  be  easily  removed  in 
case   of  fire;    nor   shall    any   person   sell   or   weigh    any   gun- 

der  or  guncotton  after  the  lighting  of  lamps  in  the  even- 
ing, unless  in  sealed  canisters  or  cans.     It  shall  be  the  duly  of 
person  to  whom  a  permit  shall  be  given,  to  keep  a  sign 
ai  the  fronl  door  of  his  place  of  business,  with  the  wpfd  "Gun- 
powder"  printed   or   painted   thereon    in    large   letters.     Any 
>n  violating  any  clause  of  this  section,  shall,  upon  con 
viction  thereof,  be  punished  by  a  fine  nol   less  than  ten  dol- 
($10)   nor  more  than  one  hundred  dollars   ($100). 
(Id.  §2  I 

389.  How  carried  through  streets,  etc. — Penalty. —  No  per 
-"u  shall  convey  or  cany  any  gunpowder  or  guncotton 

ling   one    (1)    pound   in   quantity;   through   anj    street    or 
alley  in  the  city,  in  an\  wagon,  draw  wheel- 


1   IS 

barrow,  or  otherwise,  unless  the  gunpowder  or  guncotton  be 
secured  in  tight  cans  or  kegs,  well  headed  and  hooped,  suf- 
ficient to  prevent  such  gunpowder  or  guncotton  from  being 
spilled  or  scattered,  under  a  penalty  of  fiftv  dollars   ($50). 

(Id.  §3.)' 

390.  Permissions  expire,  when — No  permit  to  retailer  of 
liquors  or  intemperate  person — Treasurer's  receipt. — All  per- 
missions granted  under  this  ordinance  shall  expire  on  the 
first  day  of  January  in  each  year,  and  no  permit  shall  be 
granted  to  any  retailer  of  intoxicating  liquors,  or  to  any  in- 
temperate person.  No  permit  shall  issue  except  on  presen- 
tation of  the  treasurer's  receipt  for  the  sum  demanded  by 
this  ordinance. 

(Id.  §4.) 

391.  Gunpowder     business      to     be     licensed — Penalty. — 

That  hereafter  no  person,  firm,  association,  corporation  or 
other  combination  of  persons,  by  whatsoever  name  the  same 
may  be  called  or  known,  shall  engage  in,  conduct,  manage, 
or  carry  on  either  or  any  of  the  different  and  various  kinds 
of  business,  employments  or  avocations  hereafter  mentioned 
or  specified  in  the  City  of  St.  Paul,  without  first  having  paid 
into  the  city  treasury  of  St.  Paul  the  sum  and  amount  of 
money  for  the  particular  and  separate  kind  of  business,  em- 
ployment, or  avocation  as  hereinafter  fixed,  established  and 
stated  therefor  respectively.  Any  person,  firm,  association, 
corporation,  or  other  combination  of  persons  who  shall  be 
proven  guilty  before  any  court  having  jurisdiction  thereof, 
of  being  engaged  in,  conducting,  managing  or  carrying  on 
either  or  any  of  the  hereinafter  named  kinds  of  business,  em- 
ployments or  avocations,  within  the  limits  of  the  City  of  St. 
Paul,  without  having  a  city  license  therefor,  shall  be  fined  by 
said  court  for  first  offense  in  any  sum  or  amount  not  exceed- 
ing fifty  dollars  ($50),  and  for  the  second  and  every  subse- 
quent offense  in  any  sum  or  amount  not  exceeding  one  hun- 
dred dollars  ($100). 

(Ord.  No.  895,  approved  March  6.  1888,  §  1.) 

392.  Price  of  license. — The  different  and  various  kinds  o) 
business,  employments  and  avocations  for  which  licenses  are 


149 

hereby  fixed  and  established,  and  the  sum  and  amount  of  the 
license  for  each  separate  one  are  as-  follows,  to-\vit :  Gun- 
powder, fifteen  dollars   ($15). 

393.  Applicant  for  license  pay  money  into  treasury — Re- 
ceipt— City  clerk's  fee — Clerk  issue  license. — All  applicants 
for  a  license  hereinunder  shall  first  pay  into  the  city  treasury 
the  amount  above  specified  for  the  particular  kind  of  business, 
employment  or  avocation  he  or  they  desire  a  licensr  for.  tak- 
ing a  receipt  specifying'  for  what  the  same  was  given  and  the 
amount  paid  therefor,  and  upon  presenting  the  said  receipt  to 
the  city  clerk  of  the  City  of  St.  Paul,  and  paying  over  to  him 
the  sum  of  one  dollar  ($1)  as  his  fee  for  issuing  a  license 
thereon,  said"  city  clerk  shall  issue  and  deliver  unto  said  ap- 
plicant a  license  terminating  on  the  first  day  of  January  next 
thereafter,  to  conduct,  carry  on,  and  prosecute  the  business 
applied  for. 

(Id.  §  3.) 

394.  Ordinance  contravening  Ordinance  895  repealed. — 
All  ordinances  and  parts  of  ordinance  contravening  the  pro- 
visions of  this  ordinance  are  hereby  repealed. 

(Id.  §4.) 

395.  Certain  ordinances  repealed. — Ordinance  number 
four  hundred  and  fourteen   I  Ml),  entitled  "An  Ordinance  in 

relation  to  billiard  tables,  pool  tables,  and  ten  pin  alleys." 
is  hereby  repealed;  also,  ordinance  number  six  hundred  and 
twelve  (612),  entitled  "An  ordinance  amending  ordinance 
number  six  hundred  and  one  (601  ),  'An  ordinance  in  relation 
■  rtairi  licenses.'  "  is  hereby  repealed. 
(Id.  §  5.) 

HACKMEN,  DRAYMEN,  EXPRESSMEN,  ETC. 

396.  Passengers,  vehicles  for  conveying — Must  be  li- 
censed.—  No  person  or  persons  sball  hire,  or  keep  or  Use  for 
bire  upon  the  streets  of  the  City  of  St.  Paul,  any  vehicle  of 
any  description  or   name   whatsoever,   for   the  conveying  of 

*  *  *  from     place    to    place    within    said    city, 
without  a  license  so  to  do. 

((  Ird.  \'o.  376,  approved  March  18,  L884,  §  1. 1 


150 

387.  Same — License,  who  may  obtain. — Any  person  or 
persons  residents  of  said  city,  over  the  age  of  twenty-one  (21) 
years,  and  being  the  owner  or  owners  of  any  vehicle,  may 
keep  and  use  the  same  for  hire  upon  paying  the  license  fee, 
and  the  sum  of  one  dollar  ($1)  to  the  city  clerk  for  said 
license  therefor  hereinafter  fixed,  and  upon  complying  with 
and  observing  all  the  provisions  of  this  ordinance. 

(Id.  §2.) 

398.  Same — City  clerk  to  issue  license  and  keep  register. — 

It  shall  be  the  duty  of  the  city  clerk  to  issue  all  licenses  pro- 
vided for  in  this  ordinance,  upon  being  presented  with  a  re- 
ceipt from  the  city  treasurer,  showing  that  the  party  applying 
for  a  license  has  paid  the  amount  of  money  herein  fixed  as  the 
amount  which  shall  entitle  such  party  to  the  license  desired. 
The  city  clerk  shall  keep  a  register  in  which  shall  be  kept  a 
list  of  the  names  of  all  persons  to  whom  licenses  are  granted 
or  transferred,  the  date  when  issued  or  transferred,  the  num- 
ber of  each  license,  and  the  description  of  each  vehicle  li- 
censed. 

(Id.  §  3.) 

399.  Same — Duration  of  license — Transfer. — All  licenses 
granted  under  this  ordinance  shall,  unless  revoked,  continue 
in  force  until  the  first  day  of  January  after  the  date  of  the 
issue  thereof,  and  any  such  license  may  be  transferred  by  the 
city  clerk,  with  the  consent  of  the  mayor. 

(Id.  §4.) 

400.  Same — Name  of  owner  and  number  on  vehicle — To 
be  erased  at  expiration  of  license. — Every  owner  of  any  li- 
censed vehicle  shall  forthwith  cause  the  name  of  the  owner, 
and  the  number  of  his  license,  to  be  plainly  fixed  in  a  con- 
spicuous place  on  the  outside  and  inside  of  such  vehicle,  and 
shall  keep  the  same  plain  and  distinct  at  all  times  when 
used,  during  the  continuance  of  such  license  ;  but  upon  the 
expiration  of  said  license  funless  renewed)  such  person  shall 
immediately  cause  the  said  name  and  number  to  be  erased 
from  said  vehicle,  and  shall  not  allow  said  vehicle  to  be  used 
with  said  name  or  number  thereon. 

(Id.  §  5.) 


151 

401.  Same — Lamps,  number  of  license,  door  knobs — Om- 
nibuses.— Every  vehicle  for  the  conveyance  of  persons  (ex- 
cept omnibuses  running-  upon  established  lines),  when  driven 
or  used  for  hire,  or  waiting,  or  standing  for  hire,  on  any  pub- 
he  street  or  place  in  the  night  time,  shall  have  fixed  upon 
some  conspicuous  part  of  the  outside  thereof,  a  lighted  lamp 
with  plain  glass  front  and  sides,  with  the  number  of  the  li- 
cense fixed  within  each  of  said  lamps,  in  distinct  and  legible 
figures,  at  least  one  and  one-half  (1^)  inches  in  length,  and 
so  placed  that  said  numbers  and  lamps  may  be  distinctly  seen 
from  the  inside  and  outside  of  such  vehicle.  And  every  ve- 
hicle for  the  conveyance  of  passengers,  which  has  a  door  or 
doors  to  the  same,  shall  have  a  knob  or  handle  upon  the  in- 
side of  such  door  or  doors,  by  which  said  door  or  doors  may 
be  easily  opened  from  the  inside  of  such  vehicle.  All  omni- 
buses running  within  the  city  and  required  to  be  licensed, 
shall,  when  running  in  the  night  time,  have  fixed  in  some 
conspicuous  place  in  front  thereof,  so  as  to  be  distinctly  seen 
from  inside  and  outside,  a  lighted  lamp,  with  the  number 
of  license  distinctly  painted  thereon  in  figures  of  one  inch 
and  a  half  in  length. 

(Id.  §6.) 

402.  Same — Drivers — Drivers'  license — Transfer — List  of 
licenses  and  transfer — License  may  be  revoked. — No  person 
shall  hereafter  drive  any  licensed  vehicle  for  the  conveyance 
of  passengers  *  *  *  for  hire  or  reward  without  first  obtain- 
ing a  license  of  Mich  driver,  and  no  such  driver  shall  drive 
any  other  vehicle  than  the  one  for  which  he  shall  be  licensed; 
nor  shall  the  owner  or  owners  permil  any  person,  except  a  li- 
censed driver  or  owner,  to  drive  any  licensed  vehicle  owned 
or  used  by  him  or  them;  nor  shall  any  owner  permit  any  li- 
ed driver  to  drive  any  other  licensed  vehicle  than  the  one 

U>v  which  he  shall  be  licensed.      No  licensed  vehicle  shall  have 

more  than  one  driver,  and  every  such  driver  shall  be  licensed 
by  the  city  clerk,  on  the  requesl  of  the  owner  of  an)  vehicle, 
and  such  license  may  be  transferred,  on  such  request,  and  it 
shall  be  the  duty  of  the  city  cl<  H.  to  k<  i  p  a  list  of  the  drivers 
so  licensed,  the  number  of  his  license,  and  the  number  of  the 


1 52 

vehicle  for  which  each  driver  shall  be  licensed,  and  of  all 
transfers  of  such  licenses.  Any  driver's  license  may  be  re- 
voked by   the  mayor  in  his  discretion. 

(id.  § ;.» 

403.  Same — License  to  designate  vehicle — Liability  of 
owner  and  driver. — All  licenses  granted  under  this  ordinance 
shall  designate  the  vehicles  by  their  number  or  name,  and  the 
owner  or  owners,  driver  or  drivers,  shall  be  severally  liable 
for  each  and  every  violation  of  this  ordinance  by  such  owner 
or  owners,  or  their  driver  or  drivers. 

404.  Same — Drivers'  badge. — Every  person  so  licensed 
shall,  while  acting  as  driver  of  snch  vehicle,  wear  conspicu- 
ously a  badge,  consisting  of  a  rectangular  silver  plate,  or 
plated  metal,  one  and  three-fourths  (1^4)  inches  long  and  one 
and  one-eighth  {!]/%' )  inches  wide,  having  the  corners  cut 
off ;  on  said  plate  shall  be  engraved  the  word  "hack''  or  other 
word  designating  the  kind  of  vehicle  which  he  is  licensed  to 
drive,  in  letters  not  less  than  five-sixteenths  (5-16)  of  an  inch 
long,  and  the  number  of  the  hack  or  other  vehicle  in  figures 
not  less  than  seven-sixteenths  (7-16)  of  an  inch  long,  said 
letters  and  figures  to  be  boldly  cut  in  Roman  characters  and 
filled  in  black;  said  badge  shall  be  provided  with  a  pin  or 
other  fastening,  by  which  the  same  may  be  and  shall  be  worn 
in  a  conspicuous  place  on  the  outside  of  the  breast  of  the 
coat,  so  that  it  may  not  be  hidden  either  by  accident  or  de- 
sign. 

(Id.  §9.) 

405.  Same — Sale  of  licensed  vehicle — Report  to  city 
clerk — Transfer — Fee — Penalty. — If  the  owner  of  any  vehicle, 
who  may  have  received  a  license  as  aforesaid,  shall  sell  or 
dispose  of  such  vehicle  before  the  expiration  of  such  license, 
such  owner  shall,  within  five  (5)  days  of  the  date  of  such 
sale  or  disposal,  report  the  same  to  the  city  clerk,  and  the  city 
clerk  may  transfer  such  license  on  the  payment  of  one  dollar 
i SI)  ;  and  every  such  owner  of  a  vehicle  who  shall  neglect  to 
report  such  sale  or  disposal,  as  aforesaid,  shall  be  liable  to  a 
fine  of  ten  dollars  ($10). 

(Id.  §  10.) 


153 

406.  Same — Penalty  for  not  being  licensed. — Any  person 
who  shall  keep  or  drive  any  vehicle  for  the  conveyance  of 
persons  from  place  to  place  within  the  City  of  St.  Paul,  for 
hire  or  reward,  without  being  licensed  as  aforesaid,  shall  be 
liable  to  a  fine  of  not  less  than  twenty-five  dollars  ($25)  for 
each  and  every  such  offense. 

(Id.  §  11.) 

407.  Same — Drays,  carts,  etc. — Price  of  licenses. — There 
shall  be  paid  to  the  city  treasurer,  for  the  use  of  the  city,  be- 
fore issuing  the  said  license  by  the  parties  applying  for  the 
same,  the  following  sums : 

First — For  all  omnibuses  and  accommodation  coaches 
running  in  connection  with  hotels,  shall  be  charged  for  license 
each  the  sum  of  ten  dollars  ($10)  per  annum. 

Second — For  all  omnibuses  and  accommodation  coaches 
running  upon  established  lines,  and  at  stated  periods,  from 
place  to  place  within  the  city,  shall  be  charged  for  license 
each,  the  sum  of  five  dollars  ($5)   per  annum. 

Third — For  all  hackney  coaches,  carriages  and  other 
vehicles  drawn  by  two  (2)  horses  or  other  animals,  and  oc- 
cupying any  public  stand,  or  that  shall  run  for  the  conveyance 
of  passengers,  for  hire  or  reward,  within  the  city,  shall  be 
charged  for  license  each,  the  sum  of  ten  dollars  ($10)  per 
annum. 

Fourth — For  all  cabs  or  other  vehicles  drawn  by  one 
horse  or  other  animal,  and  occupying  any  public  stand,  or 
thai   shall  run  for  the  conveyance  of  passengers,  for  hire  oi 

reward,  within  the  city,  shall  be  charged  for  license  each,  the 
sum  of  five  dollars   ($5)    per  annum. 

*  *  .  *  *  * 

Seventh  For  all  drays,  carts,  wagons  and  other  vehicles 
running  within  said  city  for  hire  or  reward,  and  nol  other- 
wist  ly  provided  for,  shall  be  charged  for  license  each, 
the  sum  of  ten  dollar-  ($10  I  per  annum. 

*  *  4  4  4  4 

Provided,  thai  nothing  herein  contained  snail  include 
omnibuses  and  b;  \  to  and  fri  im  h<  i 

free  of  charge. 


154 

Ninth — For  each  driver  of  any  licensed  vehicle,  the  sum 
of  two  dollars  ($2). 
(Id.  §  12,  as  amended  by  Ord.  No.  404,  approved  June  3,  1884, 

§10 

408.  Same — Rates  of  fare. — The  prices  or  rates  of  fare  to 
be  asked  or  demanded  by  the  owners  or  drivers  of  vehicles 
for  the  conveyance  of  passengers  for  hire  shall  be  as  follows: 

First — For  conveying  one  passenger  not  exceeding  one 
(1)   mile,  fifty   (50)   cents. 

Second — For  each  additional  passenger  carried,  of  the 
same  party,  not  exceeding  one  (1)  mile,  twenty-five  (25) 
cents. 

Third — For  conveying  one  (1)  passenger  over  one-half 
(l/2)  mile,  and  not  exceeding  one  (1)  mile,  fifty  (50)  cents. 

Fourth — Over  one  (1)  mile,  and  not  exceeding  one  and 
one-half  (V/2)  miles,  seventy-five  (75)  cents. 

Fifth — Over  one  and  one-half  {V/i)  miles,  and  not  ex- 
ceeding two  (2)  miles,  one  dollar  ($1). 

Sixth — For  each  mile  or  fraction  of  a  mile  over  two  (2) 
miles,  twenty-five   (25)   cents. 

Seventh — For  each  additional  passenger  of  same  party, 
carried  over  one-half  {y2)  mile,  without  regard  to  distance, 
fifty  (50)  cents. 

Eighth — Over  two  (2)  miles  and  not  exceeding  two  and 
one-half  (2y2)  miles, one  dollar  and  twenty-five  cents  ($1.25); 
for  each  mile  over  two  and  one-half  (2^)  miles,  twenty-five 
(25)  cents. 

Ninth — For  conveying  children  between  five  (5)  and 
fourteen  (14)  years  of  age,  half  of  the  above  prices  may  be 
charged  for  like  distances,  but  for  children  under  five  (5) 
years  of  age  no  charge  shall  be  made ;  provided,  that  the 
distance  from  any  railroad  depot,  steamboat  landing  or  hotel, 
to  any  other  railroad,  steamboat  landing,  or  hotel,  shall,  in 
all  cases,  be  estimated  at  not  exceeding  one  (1)  mile. 

Tenth — For  the  use  of  any  such  carriage  or  vehicle  by 
the  hour,  with  one  or  more  passengers,  with  the  privilege  of 
going  from  place  to  place,  and  stopping  as  often  as  may  be 
required,  as  follows :     For  the  first  hour,  one  dollar  and  fifty 


155 

cents  ($1.50)  ;  for  each  additional  hour  or  part  of  an  hour,  one 
dollar  ($1). 

Eleventh — For  the  use  of  any  cab,  or  other  vehicle 
drawn  by  one  (1)  horse  or  other  animal,  by  the  hour,  with 
the  privilege  of  going  from  place  to  place,  with  one  or  more 
passengers,  and  stopping  when  required:  For  the  first  hour, 
one  dollar  ($1)  ;  for  each  additional  hour  or  part  of  an  hour, 
fifty  (50)  cents. 

(Id.  §  13.) 

409.  Any  passenger  in  any  vehicle  for  the  conveyance  of 
passengers  for  hire  shall  be  allowed  to  have  conveyed  upon 
such  vehicle,  without  extra  charge,  his  ordinary  traveling 
baggage,  not  exceeding  in  any  case  one  (1)  trunk  and  twenty- 
five  (25)  pounds  of  other  baggage ;  for  every  additional  pack- 
age, where  the  whole  weight  of  baggage  is  over  one  hundred 
(100)  pounds,  if  conveyed  to  any  place  within  the  city  limits, 
the  owner  or  driver  shall  be  permitted  to  charge  twenty-five 
(25)   cents. 

410.  Same — And  drays,  carts,  etc. — Package  left  in  vehicle 
or  in  custody  of  driver — Duty  of  driver — Penalty. — Whenever 
any  package  or  article  of  baggage,  or  goods  of  any  kind, 
shall  be  left  in  or  on  any  licensed  vehicle  for  the  conveyance 
of  passengers,  goods,  or  baggage,  or  when  any  such  package 
or  article  shall  be  left  in  the  custody  of  the  driver  of  any  such 
vehicle,  such  driver  shall,  upon  the  discovery  of  such  pack- 
age or  article,  forthwith  deliver  the  same  at  the  central  police 
station  of  said  city,  into  the  hands  of  the  officer  in  charge  of 
such  station,  unless  such  package  or  article  shall  be  sooner 
delivered  to  the  owner  thereof,  or  the  order  of  said  owner. 
Any  neglecl  or  refusal  on  the  part  of  the  driver  of  any  vehicle, 
a-  a  tore-aid,  to  comply   with  the  provisions  hereof,  and  any 

violation    of    any    clause    Or    provisions    Of    this    section,    shall 

subjeel  sinl)  driver  to  the  penalty  of  nol  less  than  twent)  five 
dollars  ($25)  and  the  revocation  of  his  license, 

411.  Same — Card  printed  in  English,  German  and  Scan- 
dinavian, what  to  contain — Penalty. — There  shall  be  fixed  in 
ever)  vehicle  for  the  conveyance  of  passengers  for  hue,  in 
such  manner  as  can  be  convenient!)  read  by  any  person  riding 


in  the  same,  a  card,  to  be  furnished  by  the  city  clerk,  con- 
taining the  name  of  the  owner  of  said  vehicle,  the  number  of 
his  license,  and  the  whole  of  sections  thirteen  (133,  fourteen 
lit  i.  and  fifteen  (15)  of  this  ordinance,  printed  in  English, 
German  and  Scandinavian,  in  plain  legible  characters.  A 
similar  card  shall  be  carried  by  the  driver  of  each  such  ve- 
hicle, which  card  shall  be  shown  to  any  person  desiring  to 
employ  such  vehicle  upon  their  request  to  see  the  same.  Any 
violation  of  this  section  shall  subject  the  owner  or  driver  to 
a  penalty  of  not  less  than  ten  dollars  ($10)  and  a  revocation 
of  his  license. 

412.  Same — Disputes  as  to  price  or  distance. — All  disputes 
as  to  prices  or  distance  shall  be  settled  by  the  chief  of  police 
or  other  officer  of  the  police  force. 

413.  Same — Hiring,  when  not  specified,  to  be  by  the 
mile — Detention  of  more  than  fifteen  minutes — Rate. — In  all 
cases  when  the  hiring  of  a  vehicle  for  the  conveyance  of  pas- 
sengers is  not  at  the  time  thereof  specified  to  be  by  the  hour, 
it  shall  be  deemed  to  be  by  the  mile  ;  and  for  any  detention 
exceeding  fifteen  (15)  minutes,  when  so  working  by  the  mile, 
the  owner  or  driver  may  demand  at  the  rate  of  one  dollar  ($1) 
per  hour. 

414.  Same — Fare  need  not  be  paid  unless  card  is  dis- 
played.— The  owner  or  driver  of  any  vehicle  for  the  convey- 
ance of  passengers  shall  not  demand  or  be  entitled  to  receive 
any  pay  for  the  conveyance  of  any  passenger  unless  the  num- 
ber of  the  carriage  and  rates  of  prices  be  conspicuously  fixed 
in  and  on  said  vehicle,  as  herein  provided  by  section  sixteen 
(16)   of  this  ordinance. 

415.  Same — Excessive  fare — Penalty. — The  owner  or 
driver  of  any  such  vehicle  who  may  have  demanded  and  re- 
ceived any  fare  in  excess  of  what  is  provided  for  in  this  ordi- 
nance, shall  return  the  excess  received,  and  be  liable  to  a  pen- 
alty of  ten  dollars   ($10),  and  his  license  shall  be  revoked. 

416.  Same — May  stand  at  what  places — Penalty. — Duly 
licensed  vehicles  for  the  conveyance  of  passengers  may  stand, 
while  waiting  for  employment,  at  any  of  the  following  places, 


157 

to  the  number  and  for  the  period  of  time  hereinafter  pro- 
vided: On  each  side  of  Robert  street,  except  the  first  seven- 
ty-five (75)  feet  on  west  side  of  said  Robert  street,  immedi- 
ately north  of  its  intersection  with  Third  street,  between 
Second  street  and  Fifth  street:  on  St.  Peter  street  between 
Fifth  street  and  Sixth  street;  on  the  four  (4)  sides  of  Smith 
park ;  on  the  four  (4)  sides  of  Rice  park ;  except  on  Wednes- 
day and  Saturday  evenings  from  the  first  day  of  June  to  the 
first  day  of  October  in  each  year;  on  Fifth  and  Washington 
streets  in  front  of  the  city  hall;  at  the  union  depot  ten  (10) 
minutes  previous  to  the  arrival  of  the  passenger  trains  ;  and 
at  all  theaters  and  other  public  places  of  amusement  fifteen 
(15)  minutes  before  the  conclusion  of  any  performance,  and 
with  the  consent  of  the  chief  of  police,  on  any  of  the  public 
streets  of  said  city  after  seven  (7)  o'clock  in  the  evening  of 
any  day. 

The  owner  or  driver  of  any  vehicle  for  the  conveyance  of 
passengers,  or  public  cart  which  shall  wait  upon  the  streets 
for  employment  at  any  other  place  than  as  herein  provided, 
or  who  shall  drive  up  and  down  any  street  or  around  any 
block  while  waiting  employment,  shall  be  subject  to  a  fine 
of  not  less  than  ten  dollars  ($10)  for  each  and  every  offense. 
(Id.  §  22,  and  Id.  §  21,  as  amended  by  ( )rd.  No.  385,  approved 

April  1,  1884,  §  1.) 
417.  Same — May  stand  at  what  places — Conditions — Pen- 
alty— Ordinance  repealed. — All  licensed  vehicles  for  the  con- 
veyance of  passengers  for  hire  may  stand,  while  waiting  foi 
employment,  along  and  upon  either  side  of  the  street,  and  in 
front  of  any  block  of  land  within  said  city,  with  the  consent 
ot  the  owner  or  owners  of  the  property  fronting  upon  such 
Street,  except  on  and  along  the  north  side  of  Third  Street, 
between  Jackson  and  Sibley  Streets;  on  and  along  the  ea^t 
side  of  Jackson  street,  between  Third  and  Fourth  streets; 
the  north  side  of  Sixth  street,  between  Jackson  and  Robert 
streets,  and  the  east   side  of   Robert   Street,  between   Sixth   and 

Seventh   streets,  under  and   upon   the   terms  and   conditions 

following: 

First  That  no  more  than  three  (3)  licensed  vehicles 
aforesaid  shall  stand  on  or  along  each  block,  and  when  there 


158 

Standing  as  aforesaid,  said  vehicles  shall  stand  apart  from 
each  other  a  distance  of  not  less  than  fifty  (50)  feet. 

Second — All  drivers  of  said  vehicles  shall  remain  within 
ten  (  L0)  feet  of  his  seat  to  the  same,  while  such;  vehicle  re- 
mains standing  at  any  point  or  place  as  hereinabove  pro- 
vided. 

Third — All  licensed  vehicles  shall  have  the  number  of  the 
same  distinctly  painted  on  the  lamp  or  lamps  thereon,  if  lamp 
or  lamps  are  thereon;  if  not,  then  upon  a  conspicuous  place 
upon  the  side  of  such  vehicle. 

Fourth — Any  driver  or  owner  of  any  such  vehicle  who 
shall  violate  either  or  any  of  the  provisions  above  mentioned 
shall  be  liable  to  an  arrest,  and  if  upon  the  trial  thereof  he 
shall  be  proven  guilty,  shall  be  liable  to  a  fine  not  exceeding 
one  hundred  dollars  ($100),  and  in  addition  to  the  fine  im- 
posed therefor  his  license  as  such  driver  or  owner  of  such 
vehicle  shall  be  revoked  by  the  mayor  of  said  city,  if  such 
revocation  shall  be  recommended  by  the  judge  of  the  muni- 
cipal court  or  the  corporation  attorney. 

All  ordinances  or  parts  of  ordinances  contravening  the 
provisions  of  this  ordinance  are  hereby  repealed. 

(Ord.  No.  760,  approved  March  15,  1887,  §§  1,  2.) 

418.  Same — Owner  or  driver  shall  not  'refuse  to  convey — 
Penalty  for  neglect — Pay  in  advance. — No  owner  or  driver  of 
any  vehicle,  licensed  as  aforesaid,  shall  refuse  to  convey  in 
said  city  any  person  with  or  without  baggage,  as  aforesaid, 
when  applied  to  for  that  purpose ;  or,  having  undertaken  to 
convey  such  person,  shall  omit  or  neglect  so  to  do,  under  the 
penalty  of  ten  dollars  ($10)  for  each  offense,  but  any  owner 
or  driver  may  first  demand  his  pay  in  advance. 

(Ord.  No.  376,  approved  March  18.  1881,  §  23.) 

419.  Same — Duties  of  policemen. — It  shall  be  the  duty  of 
the  several  officers  and  members  of  the  police  department  to 
see  that  all  the  ordinances  regulating  vehicles  for  the  convey- 
ance of  persons  for  hire  are  strictly  complied  with,  and  any 
policeman  shall  have  power  and  authority  to  order  away  from 
the  stands  and  from  all  other  places  any  vehicle  not  provided 
with  a  number  or  with  lamps  fixed  up,  lighted  and  numbered, 


159 

as  hereinbefore  required,  or  not  furnished  with  proper  and 
suitable  harness  or  horses,  or  whenever  the  same  shall  be  im- 
properly obstructing"  the  way  or  street,  or  whenever  the 
horses  attached  thereto  are  unruly,  or  whenever  the  driver  or 
person  having  charge  of  any  such  vehicle  is  intoxicated,  or 
in  any  manner  misbehaves  himself. 

(Id.  §24.^ 

420.  Same — Penalty  for  neglect  to  obey  orders  of  police. — 
If  any  person  having  charge  of  such  vehicle,  shall  refuse  or 
neglect  to  obey  any  such  order  of  the  said  chief  or  other  police 
officer,  he  or  they  shall  forfeit  and  pay  for  every  such  offense 
the  sum  of  ten  dollars  ($10),  to  be  recovered  from  the  owner 
or  driver  of  such  vehicles,  and  respectivelv. 

(Id.  §25.) 

421.  Same^Sleighs — Provisions  of  ordinance  to  apply 
to — Exception. — All  the  provisions  and  penalties  of  this  ordi- 
nance, except  those  requiring  lamps,  shall  apply  to  sleighs 
which  shall  come  upon  or  use  the  public  stands  or  other 
places  in  this  ordinance  designated  for  them,  and  to  the 
owners  and  drivers  thereof,  to  be  used  or  driven  for  the  con- 
veyance of  passengers  for  hire  in  this  city,  and  said  owners 
or  drivers  of  vehicles  are  hereby  permitted  to  use  Weighs 
when  feasible,  in  place  of  such  coaches  and  cabs. 

(Id.  §26.) 

422.  Same — Number,  name,  etc.,  to  be  given  when  re- 
quested— Penalty. — Every  owner  or  driver,  or  person  having 
charge  of  any  licensed  vehicle,  shall  upon  being  requested  so 
to  do.  give  to  any  person  or  persons  the  number  of  ids  ve- 
hicle, the   name  of  tin-  owner  and   driver  thereof,  and  their 

of  abode  and  stable;  and  any  such  person  refusinj 
[o  shajl  hi-  subjeel   to  a  line  of  net   less  than  ten  dollars 
($10)   For  each  and  every  offense. 

'  fid.  §27.) 

423.  Same — Driver  must   not   be   under   sixteen. —  No   per 
son  under  the  age  of  sixteen    (16)    years  shall  be  permitted 

I  as  driver  of  any  licensed  vehicli 
fid.  §  30.) 


160 

424.  Same — Police  may  order  removal,  when — Neglect  to 
obey. —  The  chief  of  police  and  the  several  officers  and  mem- 
bers of  the  police  department  shall  have  power  and  authority 
to  order  the  driver  or  the  person  having  charge  of  any  vehicle 
to  remove  such  vehicle  away  from  any  place  in  any  of  the 
streets,  which,  in  his  or  their  opinion,  may  be  improperly  in- 
cumbering such  street,  or  obstructing  or  impeding  the  public 
travel ;  and  any  and  every  person  neglecting  or  refusing  to 
comply  with  or  obey  any  such  order,  shall  be  deemed  guilty 
of  a  violation  of  this  ordinance. 

(Id.  §32.) 

425.  Same — Accidents  from  collisions — Duty  of  Driver — 
Penalty. — If  any  accident  or  injury  shall  happen  to  any  per- 
son, vehicle,  or  other  thing,  by  reason  of  coming  in  contact 
with  any  licensed  vehicle,  or  the  horse  or  horses  attached 
thereto,  or  anything  loaded  thereon  while  the  same  is  mov- 
ing, it  shall  be  the  duty  of  the  person  driving  or  having  charge 
of  the  same  to  immediately  stop,  and  if  necessary,  render  his 
assistance,  and  to  give  his  name  and  residence,  and  to  give 
the  number  of  the  vehicle  he  was  driving,  and  the  name  and 
residence  of  the  owner  thereof,  under  the  penalty  of  fifty  dol- 
lars ($50),  to  be  recovered  from  the  driver  of  any  such 
vehicle. 

(Id.  §33.) 

426.  Same — Not  to  be  driven  on  sidewalks — Not  to  stop 
on  crosswalks,  etc.,  to  obstruct  travel — Not  to  be  crosswise  of 
street — Exception. — It  shall  not  be  lawful  for  any  person 
driving  or  having  charge  of  any  licensed  vehicle  to  drive  or 
back  any  such  vehicle  onto  the  sidewalk  of  any  of  the  streets 
of  said  city,  or  to  stop  any  such  vehicle  on  any  of  the  cross- 
walks or  intersections  of  streets,  so  as  to  obstruct  or  hinder 
the  travel  along  such  crosswalks  or  intersections  of  streets, 
or  to  place  any  such  vehicle  crosswise  of  any  street  of  said 
city  except  to  load  thereon  or  unload  therefrom ;  but  in  no 
case  shall  it  be  lawful  for  any  person  to  permit  such  vehicle 
to  remain  crosswise  of  any  street  for  a  longer  period  than 
may  be  actually  necessary  for  such  purpose. 

(Id.  §34.) 


161 

427.  Same — And  drays,  carts,  etc. — Number  of  vehicles — 
Regulations. — It  shall  not  be  lawful  for  any  person  to  keep, 
use,  drive  or  employ  any  cart  or  other  vehicle  with  numbers 
or  figures  thereon  similar  to  or  resembling  the  numbers  on 
public  vehicles,  or  for  any  person  licensed  to  keep  public  ve- 
hicles to  place  or  have  any  number  for  which  he  may  have 
received  license  on  more  than  one  vehicle,  or  to  use  more 
vehicles  as  public  vehicles  than  he  may  have  license  for. 

(Id.  §36.) 

428.  Same — And  drays,  carts,  etc., — Standing  adjacent  to 
depot  or  wharf,  how  regulated — Penalty — Within  twenty  feet 
of  street  crossing — Penalty. — The  owner  or  driver  of  any 
hackney  coach,  omnibus,  cab  or  other  carriage  for  the  con- 
veyance of  passengers',  or  of  any  public  cart  or  other  carriage 
for  the  conveyance  of  baggage,  luggage, or  other  merchandise, 
who  shall  make  any  stand  or  stopping  place,  with  or  without 
his  vehicle  while  waiting  for  employment,  at  any  place  on  any 
street  or  public  grounds  adjacent  to  any  railroad  or  rail- 
way depot,  or  steamboat  landing,  or  wharf,  other  than  the 
place  or  places  designated  by  the  persons  having  charge  of 
such  depot,  or  by  the  chief  of  police,  shall  be  subject  to  the 
penalty  of  not  less  than  five  dollars  ($5)  nor  exceeding  one 
hundred  dollars  ($100)  for  each  and  every  offense.  Nor  shall 
any  such  owner  or  driver  make  such  stand  or  stopping  place 
either  within  or  without  the  limits  designated  in  this  ordi- 
nance, within  the  distance  of  twenty  (20)  feet  of  any  street 
crossing,  under  the  penalty  of  ten  dollars  ($10)  for  each  and 
every  offense. 

I  Id.  §39.) 

429.  Same  —  And  drays,  carts,  etc.  —  Depots  and 
wharves — Vacant  places — No  preference,  between  vehicles  of 
same  class — Vehicles  of  each  class  to  be  kept  together. — All 
owners  or  drivers  of  licensed  vehicles  for  the  conveyance  of 

engers,  baggage,  luggage  or  merchandise,  taking  their 
stands  with  their  vehicles  at  such  places  designated  !>\    the 

>ns  having  charge  of  depots,  as  provided  in  section  thir- 
ty-nine (30)  of  this  ordinance,  shall  have  I  he  right  tO  stand  on 
any  vacant  place  within  the  limits  of  the  places  designated, 


L62 

.md  no  preference  shall  be  shown  between  different  vehicles 
of  the  same  class  as  to  the  choice  of  positions  within  such 
limits;  but  different  places  may  be  designated  for  omnibuses, 
for  other  carriages  for  passengers,  and  for  drays  and  baggage 
wagons,  so  as  to  keep  each  class  of  vehicles  together. 

(Id.  §  40.) 

430.  Same — Conveying  to  house  of  ill-fame — Deception  as 
to  railroad  or  other  ticket — Penalty. — It  shall  be  unlawful  for 
any  owner  or  driver  of  any  licensed  vehicle  to  convey  any 
person,  without  his  request,  to  any  place  or  house  of  ill-fame, 
or  deceive  any  person  in  relation  to  any  railroad  or  other 
ticket  or  voucher  for  conveyance  which  is  worthless,  or  make 
any  false  representation  or  statement  in  regard  to  any  voucher 
or  ticket  for  conveyance  that  may  be  shown  to  him,  under  the 
penalty  of  not  less  than  ten  dollars  ($10)  for  each  and  every 
offense. 

(Id.  §41.) 

431.  Same — Refusing  to  give  name — Abusing  or  deceiving 
passenger — Penalty. — Xo  owner  or  driver  of  any  licensed 
vehicle  shall  refuse  to  give  his  name,  on  request  of  any  per- 
son, or  impose  upon  or  deceive  any  person  in  any  manner  or 
form,  or  strike,  threaten,  insult  or  otherwise  abuse  or  ill-treat 
any  passenger  under  any  pretense  whatever,  under  the  pen- 
alty of  not  less  than  twenty-five  dollars  ($25)  for  each  and 
every  offense. 

(Id.  §  42.) 

432.  Same — Misinforming  and  misleading  as  to  arrivals  of 
cars,  etc.,  or  as  to  locations — Penalty. — No  owner  or  driver 
of  any  licensed  vehicle  shall  induce  anybody  to  employ  him 
by  either  knowingly,  wantonly  or  ignorantly  misinforming  or 
misleading  such  person,  either  as  to  the  time  or  place  of  the 
arrival  or  departure  of  any  railroad  car,  steamboat  or  other 
public  conveyance  whatever,  or  the  location  of  any  railroad 
depot,  office,  station  or  any  railroad  ticket  office,  or  the  loca- 
tion of  any  hotel,  stage  office,  public  place  or  private  residence 
within  the  said  city,  under  penalty  of  ten  dollars  ($10)  for 
each  and  every  offense. 

(Id.  §  43.) 


163 

433.  Same — Falsely  representing  vehicle  as  belonging  to 
bouse,  railroad,  etc. — Penalty. — It  shall  be  unlawful  for  any 
such  licensed  owner  or  driver  to  induce  any  person  to  ride 
in  or  employ  his  vehicle,  by  falsely  representing  his  vehicle 
to  such  person  as  running  for,  or  being'  in  the  employ- 
ment of,  a  public  house,  or  steamboat  line,  railroad  or 
stage  company,  with  a  view  to  exact,  solicit  or  obtain  fare, 
.or  anything  of  value  from  such  person,  or  having  so  induced 
any  person  to  ride  in  his  vehicle,  to  exact,  solicit  or  take  fare 
or  anything  of  value  from  such  person,  for  conveying  him  to 
such  public  house,  or  steamboat  landing,  railroad  depot,  ticket 
office,  stage  company  office,  or  other  public  place,  under  the 
penaltv  of  not  less  than  ten  dollars  ($10)  for  each  and  every 
offense. 

(Id.  §44.) 

434.  Same — Porters  and  runners  to  be  licensed — Racing — 
Rate   of    speed — Keep     to     the     right — Street   crossings. — No 

driver,  agent,  servant,  owner,  or  owners  of  any  vehicle  herein 
referred  to  shall  act  as  public  porter  or  runner  without  a  li- 
cense for  that  purpose,  or  solicit  passengers,  except  for  such 
vehicle  as  he  may  he  licensed  for;  and  no  driver  of  any  vehicle 
shall  engage  in  racing  with  another,  or  drive  faster  than  a 
moderate  trot  while  passing  in,  along,  or  through  any  of  the 
public  streets  in  the  city;  and  all  such  vehicles  shall  ke< 
tin-  right  when  in  motion  ami  passing  along  any  of  such  pub- 
lic streets,  and  shall  not  drive  over  any  street  crossing  faster 
than  at  a  walk. 

I  Id.  §45.) 

435.  Same — Driver  to  remain  on  vehicle  when  moving — 
Conduct  while  waiting  employment. —  It  shall  not  he  lawful 
for  tin-  driver  or  oilier  person    having  charge  of  an\    licensed 

vehicle,  to  he  off  or  away  from  any  such  vehicle  while  the 
same  is  moving  or  passing  along  any  of  ill  or  ave 

nues  of  said  city;  nor  shall  ii  he  lawful  fcjr  an)   driver  "t  any 
vehicle  herein   mentioned,   while   waiting    for  employmenl    at 
any  place  assigned   for  his  vehicle,  to  stand   waiting   foi 
ploymenl  at  any  other'place,  or  to  -nap  or  flourish  his  whip, 
or  to  be  more  than  five  (5)  feel  awai   from  his  vehicle,  or  i" 


164 

sit  or  stand  about  the  doorsteps,  or  platform,  or  in  front  of 
any  house,  store  or  other  building. 

(Id.  §46.) 

436.  Planks,  poles,  timber,  etc.,  hauling  of. — It  shall  not 
be  lawful  for  any  public  cartman  or  an}'  other  person  to  cart 
or  transport  through  any  of  the  streets  of  said  city,  any 
planks,  poles,  spars,  timber  or  other  thing  exceeding  thirty 
(30)  feet  in  length,  except  on  a  suitable  truck  or  other  vehicle, 
and  such  planks  or  other  thing  shall  be  placed  lengthwise 
thereon,  so  as  not  to  project  at  either  end  beyond  the  line  of 
the  side  or  width  of  such  truck  or  other  vehicle ;  and  all  per- 
sons carting  or  transporting  any  poles,  planks,  timber,  spars 
or  other  things  in  any  other  manner,  shall  be  deemed  guilty 
of  a  violation  of  this  ordinance. 

(Id.  §  37.) 

437.  Penalty — Conflicting  ordinances  repealed. — Any  per- 
son who  shall  violate  any  clause  or  provision  of  any  section 
of  this  ordinance,  or  who  shall  neglect  or  fail  to  comply  with 
my  or  either  of  the  requirements  thereof,  shall,  on  convic- 
tion, excepting  as  is  herein  otherwise  provided,  pay  a  fine  of 
not  less  than  ten  dollars  ($10)  nor  more  than  one  hundred 
dollars  ($100),  and  shall  forfeit  his  license. 

438.  Conflicting  ordinances  repealed. — All  ordinances  and 
parts  of  ordinances  conflicting  with  any  provision  of  this  or- 
dinance are  hereby  repealed. 

(Id.  §§47,  48.) 

439.  Carts,  trucks,  etc.,  for  hauling  goods — Regulations. — 
No  person  or  persons  shall  let  for  hire  or  keep  or  use  for  hire 
upon  the  streets  within  the  City  of  St.  Paul  any  cart,  truck, 
wagon  or  other  vehicle  for  the  hauling  or  carrying  of  goods, 
wares  or  merchandise  within  said  city,  unless  in  pursuance 
of  the  regulations  hereby  established. 

(Ord.  No.   1837,  approved  Sept.   5,   1895,  §  1.) 

440.  Same — To  be  registered  with  city  clerk. — Every  cart, 
truck,  wagon  and  other  vehicle  for  the  hauling  and  carrying 
of  goods,  wares  and  merchandise  within  the  City  of  St.  Paul 
which  shall  be  let  or  kept  or  used  for  hire  upon  the  streets  of 


165 

said  city,  shall  before  being  so  let,  kept  or  used,  first  be  regis- 
tered in  the  office  of  the  city  clerk  thereof,  and  shall  thereafter 
be  so  registered  on  the  1st  day  of  January  of  each  and  every 
succeeding  year  during  any  part  of  which  such  vehicle  is  so 
let,  kept  or  used. 

(Id.  §2.) 

441.  Same — City  clerk  to  keep  register — Registry  num- 
ber— Name  of  owner  or  driver — May  be  changed. — The  city 
clerk  shall  keep  a  register  m  which  upon  payment  of  the  fee 
hereinafter  required,  shall  be  listed  a  description  of  each  ve- 
hicle so  registered,  with  the  name  of  the  owner  and  of  the 
driver  thereof,  and  with  the  date  of  registration,  and  with  a 
separate  and  distinct  number  designating  each  several  ve- 
hicles so  registered.  Such  number,  which  is  hereinafter  re- 
ferred to  as  the  registry  number,  shall  as  nearly  as  possible 
remain  the  same  for  each  vehicle  from  year  to  year.  Upon 
payment  of  the  further  fee  -hereinafter  required  the  name  of 
the  owner  or  of  the  driver  may  be  changed  upon  such  register. 
In  order  to  ascertain  the  name  of  the  true  owner  or  of  the 
actual  driver  of  any  vehicle  which  it  is  proposed  to  register, 
the  city  clerk  may  examine  the  person  making  the  application 
upon  his  oath. 

(Id.  §3.) 

442.  Same — Name  and  number  to  be  on  vehicle. —  Every 
vehicle  described  in  section  two  (2)  hereof  shall  have  con- 
spicuously fixed  upon  tin'  outside  thereof  the  name  of  the 
owner  and   the   registry   number  then 

(Id.  §  1.) 

443.  Owner  or  driver  to  be  registered — Driver's  badge. — 
No  person  shall  drive  or  use  such  vehicle  for  hire  unless  he  be 
at  the  time  actually  registered  as  the  owner  or  driver  thereol  : 
and  the  driver  of  ever)    such  vehicle  shall  while  soliciting  oi 

ged  in  the  business  ,,f  hauling  or  carrying  as  aforesaid 
with  such  vehicle,  wear  conspicuousl}  a  badge  of  silver  plate 
or  plated  metal,  rectangular  in  form,  havfng  plainly  engraved 

thereon   tin-  word  "dray"  or  "express,"  or  Other   word    indnat 

ing  the  kind  of  vehicle  driven  by  him.  and  als..  the  registry 
number  thereof.     The  badge  shall  be  worn  upon  the  bi 


166 

of  the  coat  in  such  manner  that  it  may  not  be  hidden  by  ac- 
cident or  by  design. 

(Id.  §5.) 

444.  Same — Registration  fee — Fee  for  changing  name  of 
owner  or  driver. — There  shall  be  paid  to  the  city  clerk  for  the 
use  of  said  city  the  sum  of  one  dollar  ($1)  as  a  fee  for  the 
registration  of  every  vehicle  herein  required  to  be  registered, 
both  when  such  vehicle  is  first  registered  and  upon  the  re- 
newal of  such  registration  in  each  succeeding  year  thereafter, 
as  hereinbefore  provided ;  and  there  shall  be  paid  the  further 
fee  of  one  dollar  ($1)  upon  the  changing  of  the  name  of  the 
owner  or  of  the  driver  of  such  registered  vehicle  upon  said 
register.  ■ 

(Id.  §6.) 

445.  Same — Rates  for  hauling. — The  price  or  rate  to  be 
charged  for  the  carrying  or  hauling  of  goods,  wares  and  mer- 
chandise, and  for  the  loading  and  unloading  of  the  same  by 
the  owner  or  driver  of  such  vehicles,  shall  be  as  follows : 

First — For  loads  not  exceeding  five  hundred  (500) 
pounds  weight,  fifty  (50)  cents,  except  merchandise.  When 
the  distance  exceeds  one  (1)  mile,  twenty-five  (25)  cents  for 
each  and  every  additional  mile. 

Second — Over  five  hundred  (500)  pounds,  fifty  (50)  cents 
for  every  additional  five  hundred  (500)  pounds  or  fraction 
, thereof,  except  merchandise. 

Third— Household  furniture,  per  load  or  one-horse  truck, 
within  two  (2)  miles,  one  dollar  ($1).  When  the  distance  ex- 
ceeds two  (2)  miles,  an  extra  twenty-five  (25)  cents  for  each 
and  every  additional  mile. 

Fourth — For  a  double  truck  load  within  two  (2)  miles, 
one  dollar  and  fifty  cents  ($1.50).  When  the  distance  exceeds 
two  (2)  miles,  fifty  (50)  cents  extra  for  every  additional 
mile. 

(Id.  §7.) 

446.  Same — May  stand  at  what  places. — No  owner  or 
driver  of  any  vehicle  aforesaid  shall  wait  upon  the  streets  for 
employment  with  such  vehicle  at  any  place  other  than  as 
herein  specified,  as  follows,  to-wit :     On  Ninth  street,  between 


167 

Cedar  street  and  Minnesota  street ;  on  Minnesota  street,  be- 
tween Ninth  street  and  Tenth  street;  on  the  west  side  of 
Wacouta  street,  between  Fifth  and  Sixth  streets;  and  on  Wa- 
conta  street,  between  Third  street  and  the  Union  depot ;  and 
at  such  other  points  as  the  common  council  may  by  resolution 
hereafter  designate  and  determine. 

(Id.  §8.) 
i  As  amended  by  Ordinance  No.  2463,  approved  Aug'.  5,  190-4.) 

447.  Same — Name,  address  and  number  to  be  given  when 
requested. — Every  owner  and  driver  of  any  vehicle  aforesaid, 
and  every  person  having  charge  thereof,  shall,  upon  being  re- 
quested so  to  do,  give  to  any  person  or  persons  the  number 
of  such  vehicle,  the  name  of  its  owner  and  of  its  driver,  and 
their  place  of  abode  and  stable. 

(Id.  §9.) 

448.  Same — Police  may  order  removal  and  must  enforce 
ordinance. — The  officers  of  the  police  department  shall  have 
power  and  authority  to  order  and  cause  the  driver  or  person 
having  charge  of  any  vehicle  aforesaid,  to  remove  such  vehicle 
from  any  place  in  any  of  the  streets  when  and  where  such  ve- 
hicle shall  obstruct  public  travel;  and  the  officers  of  the  said 
department  are  hereby  charged  with  the  enforcement  of  all 
the  provisions  of  this  ordinance. 

(  Id.  §10.) 

449.  Same — Accidents  from  collision — Duty  of  Driver. — 
If  any  accident  or  injury  shall  happen  to  any  person,  vehicle 
or  other  thing,  by  reason  of  coming  in  contact  with  any  ve- 
hicle aforesaid,  or  with  any  animal  attached  thereto,  or  with 
anything  loaded  thereon,  the  person  driving  or  having  charge 
of  such  vehicle  shall  immediately  stop,  and  if  necessary  render 

stance,  and  give  his  name  and  resilience,  and  the  number 
of  such  vehicle  and  the  name    and    residence  of    the  " 
thereof,  to  any  person  concerned  in  such  accident  or  injury. 

(Id.  §  11.) 

450.  Same — Numbers  and  names  on  vehicles — Regula- 
tions— Only  registered  vehicles  to  be  used. —  Mo  person  shall 
keep,  use  or  drive  for  hire  an}  carl  or  other  vehicle  afore  aid 


168 

with  numbers,  figures  or  name  thereon  similar  to  the  num- 
bers, figures  and  names  required  herein  to  he  fixed  upon 
vehicles  registered  as  aforesaid,  unless  such  vehicle  shall  be 
actually  registered  as  herein  provided ;  and  no  owner  or 
driver  of  a  registered  vehicle  shall  place  the  registry  number 
thereof  on  any  other  vehicle,  nor  shall  he  use  more  or  other 
vehicles  for  the  purposes  hereinbefore  indicated  than  such 
as  shall  be  actually  registered  as  hereinbefore  provided. 

(Id.  §  12.) 

451.  Same — Refusing  to  haul — Excessive  charge. — No 
person  driving  any  such  registered  vehicle  shall  refuse  to 
convey,  haul  or  carry  within  said  city  the  baggage,  goods  or 
merchandise  of  any  person,  unless  actually  engaged  wdien  ap- 
plied to  for  that  purpose ;  nor  having  undertaken  to  convey, 
haul  or  carry  such  baggage,  goods  or  merchandise,  shall  he 
omit  or  neglect  so  to  do ;  nor  shall  he  ask,  take  or  exact  from 
any  person  desiring  to  have  or  who  has  had  conveyed  to  any 
place  in  said  city  such  baggage,  goods  or  merchandise,  as  the 
price  or  rate  of  fare  for  such  conveying,  hauling  or  carrying, 
any  grca-er  price  or  rate  of  fare  than  that  hereinbefore  es- 
tablished. 

(Id.  §  13.) 

452.  Same — Misleading  as  to  arrival  of  cars,  etc.,  and  as  to 
locations. — Xo  owner  or  driver  of  any  such  registered  vehicle 
shall  induce  any  person  to  employ  him  or  to  hire  such  vehicle 
by  misinforming  or  misleading  such  person  as  to  the  time  or 
place  of  the  arrival  of  any  railway  car,  any  boat,  or  other 
public  conveyance,  or  as  to  the  location  of  any  railway  sta- 
tion, office  or  depot,  or  as  to  the  location  of  any  hotel  or  other 
public  place,  or  any  private  residence  within  said  city. 

(Id.  §  14.) 

453.  Same — Driver  not  to  be  away  from  vehicle  when 
moving. — No  person  driving  or  having  charge  of  any  such 
registered  vehicle  shall  be  off  or  away  therefrom  while  it  is 
passing  through  or  along  any  highway  of  said  city. 

fid.  §15.) 

454.  Same — Penalty. — Every  person  who  shall  violate  any 
provision   of  this  ordinance,  or  who  shall  neglect  or  fail  to 


160 

complv  with  any  provision  or  requirement  thereof,  shall,  up- 
on conviction  thereof,  be  deemed  guilty  of  a  misdemeanor 
and  shall  be  punished  by  a  fine  of  not  less  than  five  (5)  or 
more  than  one  hundred  (100)  dollars. 

(Id.  §  1G.) 

455.  Repeal  of  ordinances — Substitution.  —  Ordinance 
number  three  hundred  and  seventy-six  (376)  of  the  City  oi 
'St.  Paul,  entitled  "An  ordinance  in  relation  to  hackmen,  dray- 
men, expressmen  and  other  persons  engaged  in  carrying  pas- 
sengers, baggage  and  freight,"  approved  March  21,  1884,  is 
hereby  repealed  in  so  far  as  the  same  concerns  or  affects  the 
vehicles  hereinbefore  described  or  the  persons  hereinbefore 
mentioned;  and  for  the  provisions  of  said  ordinance  number 
three  hundred  and  seventy-six  (376)  concerning,  affecting  or 
relating  to  the  vehicles,  persons  and  things  hereinbefore  men- 
tioned and  described,  the  provisions  of  this  ordinance  are  in 
all  things  substituted;  and  all  other  ordinances  and  parts  of 
ordinances  inconsistent  herewith  are  hereby  repealed. 

(Id.  §  17.) 

456.  Asphalt  pavements — Hackmen,  expressmen  not  to 
permit  team  to  stand  on,  how  long. — No  hackman,  express- 
man or  baggageman  or  any  person  engaged  in  any  of  said 
lines  of  business,  shall  cause  or  permit  the  horse  or  team 
owned  by  him  or  in  his  custody  and  engaged  in  said  business 

tand  upon  any  asphalt  pavement  in  the  City  of  St.  Paul 
while  awaiting  custom,  or  while  attached  to  any  hack,  dray, 
baggage  or  express  wagon,  for  any  consecutive  period  of  time 

eding  one-half  (]A)  hour,  except  only  when  such  person 
may  be  actually  engaged  in  loading  or  unloading  such  vehicle 

above  named. 

(Ord.  No.   1822,  approved  June   Is,   L895,  §  L.) 

457.  Same — Penalty. — Any   person    violating    any    of    the 
provisions  of  this  ordinance  shall  he  fined  in  a  sum  nol 
than  five   '  5 1   nor  more  than  twenty  five   (25)   dollars,  or  be 

imprisoned  in  the  city  workhouse  for  a   period  of  nol   less  than 

five    '  5  i    nor   more    than    thirl  v    |  30  I    d 

•  Id.  §2 


170 

458.  Same — No  person  shall  permit  team,  etc.,  to  stand 
on,  how  long. — Xo  person  shall  cause  or  permit  any  horse, 
team  or  loaded  wagon,  owned  by  him  or  in  his  custody,  to 
stand  upon  any  asphalt  pavement  in  the  City  of  St.  Paul  for 
any  consecutive  period  of  time  exceeding  one-half  (l/2)  hour, 
except  only  when  such  person  may  be  actually  engaged  in 
loading  or  unloading  such  vehicle. 

(Ord.  No.  1839,  approved  Sept.  19,  1895,  §  1.) 

459.  Same — Penalty. — Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall  be  fined  in  a  sum  of  not  less 
than  five  (5)  nor  more  than  twenty-five  (25)  dollars,  or  be 
imprisoned  in  the  city  workhouse  for  a  period  of  not  less  than 
five  (5)  nor  more  than  thirty  (30)  days. 

(Id.  §2.) 

460.  An   Ordinance   defining,    restraining,    regulating  and 

licensing  draymen,  cabmen,  cartmen,  hackmen, 
omnibusmen  and  others  engaged  in  carrying  pas- 
sengers, baggage  and  freight  by  means  of  convey- 
ance. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  No  person  or  persons,  firm  or  corporation  shall 
hereafter  let  or  keep  or  use  for  hire,  upon  the  streets  of  the 
City  of  St.  Paul,  any  vehicle  of  any  description  or  name  what- 
soever, for  the  conveyance  of  passengers,  without  having  first 
obtained  a  license  so  to  do,  in  the  manner  hereinafter  required 
and  provided. 

461.  Sec.  2.  Duty  of  city  clerk. — It  shall  be  the  duty  of 
the_city  clerk  annually,  upon  application  therefor  and  com- 
pliance with  the  terms  hereof,  to  issue  certificates  of  any  and 
all  licenses  granted,  to  any  person,  persons,  firm  or  corpora- 
tion, applying  for  the  same,  to  let,  keep  or  use  for  hire,  upon 
the  streets  of  the  City  of  St.  Paul,  vehicles  for  the  convey- 
ance of  passengers  upon  the  payment  by  the  applicant  to 
the  City  Treasurer  of  the  sum  of  two  dollars  ($2).  as  a  license 
fee  therefor,  and  the  presenting  to  the  city  clerk  of  the  re- 
ceipt  from   the   city  treasurer  on   account  of  such   payment ; 


171 

for  such  license,  shall  issue  same,  to  be  subject,  however,  to 
the  terms  and  conditions  of  this  ordinance. 

(As  amended  by  Ord.  No.  2232,  approved  Dec.  T.  1901.) 

462.  Sec.  3.  Register  to  keep. — The  city  clerk  shall  keep 
a  register  in  which  shall  be  kept  a  list  of  the  names  of  all 
persons  to  whom  licenses  are  granted  under  the  terms  hereof, 
together  with  the  date  of  their  issuance,  the  numbers  of  those 
licenses  and  a  description  of  each  vehicle  so  licensed,  and 
shall  issue  and  deliver  at  the  same  time  that  the  certificate  of 
license  is  issued  to  each  person,  firm  or  corporation  licensed 
under  the  terms  hereof,  two  badges  numbered  to  correspond 
with  the  number  of  the  license  so  issued,  one  of  which  said 
badges  shall  be  designated  by  the  term  "driver,"  and  the 
other  of  which  said  badges  shall  be  designated  by  the  term 
"conveyance." 

463.  Sec.  4.  Certificates — How  issued. — The  certificate  of 
each  license  so  issued  under  the  terms  hereof  shall  contain 
the  name  of  the  licensee,  the  date  of  its  issuance,  the  num- 
ber of  the  license  and  a  description  of  the  vehicle  which  the 
licensee  is  permitted  to  operate  under  its  terms,  and  no  such 
certificate  or  license  shall  be  issued  to  authorize  the  oper- 
ation by  the  licensee  of  more  than  one  such  vehicle  or  con- 
veyance under  its  terms. 

464.  Sec.  5.  Badges  on  vehicles. — Every  owner  or  driver 
of  any  licensed  vehicle  shall  forthwith  cause  the  "convey- 
ance" badge  hereinbefore  provided  for  to  be  attached  to  the 
vehicle  to  be  operated  by  him,  tinder  the  terms  of  any  license 
granted  to  him  under  the  terms  hereof,  in  a  conspicuous  place 
where  the  same  may  be  readily  seen,  and  the  driver  of  any 
such  vehicle  shall  at  all  times  wear,  in  a  conspicuous  place 
upon  his  person  the  "driver"  badge,  authorized  under  the 
term-  hereof. 

r».     This  ordinance  shall  take  effeel   and  be  in  force 
from  and  after  it-  passage,  approval  and  publication 
n  ird.   No.  -.'i; ;.  approved   March   80,   L901.) 


172 

HEALTH  DEPARTMENT. 
(See,   also.   Garbage.) 

465.  Physician  —  Contagious  diseases — Defined — Physi- 
cian to  report  his  name,  etc. — That  the  word  "physician" 
shall  include  dentists  and  every  other  person  who  practices 
about  the  cure  of  the  sick  or  injured,  or  who  has  charge 
of  or  professionally  prescribes,  for  compensation,  for  any 
person  sick,  injured,  or  diseased;  that  the  phrase  "contagious 
disease"  shall  be  held  to  include  all  persons  sick,  affected 
or  attacked  by  or  of  a  disease  of  infectious,  contagious  or 
pestilential  nature,  and  also  any  other  disease  publicly 
declared  by  the  commissioner  of  health  dangerous  to  the 
public  health ;  and  every  physician  in  said  City  of  St.  Paul 
shall  at  all  times  cause  his  or  her  name,  office,  and  residence, 
and  also  his  or  her  kind  and  class  of  practice  to  be  registered 
with  the  department  of  health,  and  in  a  manner  according 
to  its  regulations. 

(Ord.  No.  809,  approved  July  21,  1887,  §  1.) 

466.  Contagious  disease — Physician  to  report. — That 
every  physician  shall  report  to  the  Commissioner  of  Health 
of  the  City  of  St.  Paul,  in  writing,  every  person  having  a 
contagious  or  infectious  disease,  such  as  cholera,  yellow 
fever,  scarlet  fever,  typhus  fever,  smallpox,  varioloid,  diph- 
theria, membraneous  croup,  or  any  of  the  grades  of  such 
diseases  (and  the  state  of  his  or  her  disease,  and  his  or  her 
place  of  dwelling,  and  name,  if  known),  which  such  physi- 
cian has  prescribed  for  or  attended  for  the  first  time  since 
having  such  disease  during  any  part  of  the  preceding  twenty- 
four  (24)  hours;  but  not  more  than  one  (1)  report  shall  be 
required  in  one  (1)  week  concerning  the  same  person;  but 
every  attending  or  practicing  physician  thereat  must  at  his 
peril  see  that  such  report  is  or  has  been  made  by  some 
attending  physician. 

(Id.  §  2.) 

467.  Same — Death  from — Physician  to  report. — That  it 
shall  be  the  duty  of  each  and  every  practicing  physician  in 
the  city  to  report  in  writing  to  the  department  of  health  the 


173 

death  of  any  of  his  patients  who  may  have  died  in  said  city 
of  contagious  or  infectious  diseases  within  twenty-four  i  2  1  I 
hours  thereafter,  and  to  state  in  such  report  the  specific  name 
and  tvpe  of  such  disease. 

(Id.  §  8.) 

468.  Same — Neglected  person  to  be  reported. — That  it 
shall  be  the  duty  of  every  person  knowing  of  any  individual 
in  said  city  sick  of  any  contagious  disease  (where  such  per- 
son shall  have  reason  to  regard  such  individual  as  neglected 
or  not  properly  cared  for,  and  to  avoid  giving  said  disease 
to  others),  and  the  duty  of  any  physician  hearing  of  any 
such  sick  person,  whom  he  shall  have  reason  to  think  re- 
quires the  attention  of  the  department  of  health,  to  at  once 
report  the  facts  to  the  said  department  of  health  in  regard 
to  the  disease,  condition  and  dwelling  place  or  position  of 
such  sick  person. 

(Id.  §    1.) 

469.  Same — Death — Regulations  concerning. — Upon  the 
death  of  any  person  affected  or  sick  with  any  disease  named 
or  provided  for  in  section  two  (2)  of  this  ordinance,  the  fol- 
lowing regulations  must  be  observed:  The  remains  of  said 
person  must  be  thoroughly  disinfected  and  exposed  to  the 
view  of  no  one  except  those  absolutely  necessary  in  prepar- 
ing the  body  for  burial,  and  be  placed  in  a  hearse  (but  no 
other  vehicle),  which  must  not  be  accompanied  by  more 
than  two  (2)  vehicles,  and  shall  be  taken  directly  from  the 
place  of  death  to  the  place  of  burial. 

(Id.  §  5.) 

470.  Same — Death — Burial  within  twenty-four  hours. — 
The  burial  of  any  person  who  may  die  of  any  of  the  diseases 
named  or  provided  for  in  section  two  (2)  of  tin's  ordinance, 
must  take  place  within  twenty  four  (24)  hours  after  such 
death,   and   when   practicable   should    take   place    in   the   night, 

i  l«l.  §  6.) 

471.  Same — Conveyance  of  patient  from  place  to  place — 
Permit — Disease  not  to   be  spread. — That     no    person     shall, 

within    the   city,    without    a   permit    from    the    commissioner   "f 


i;  i 

health,  carry  or  remove  from  one  building  to  another,  or 
from  any  vessel  to  the.  shore,  any  person  sick  of  any  con- 
tagious disease ;  nor  shall  any  person  by  any  exposure  of 
any  individual  sick  of  any  contagious  disease,  or  of  the  bod)'" 
of  such  person,  or  by  any  negligent  act  connected  therewith, 
or  in  respect  of  the  cure  or  custody  thereof,  or  by  a  needless 
exposure  of  himself,  cause  or  contribute  to  promote  the 
spread  of  disease  from  any  such  person,  or  from  any  dead 
body. 

(Id.  §  7.) 

472.  Same — Parents  and  others  not  to  permit  children  to 
be  exposed  to. — That  no  parent,  master  or  custodian  of  any 
child  or  minor  (having  the  power  and  authority  to  prevent) 
shall  permit  any  such  child  or  minor  to  be  unnecessarily 
exposed,  or  to  needlessly  expose  any  other  person  to  the 
taking  or  to  the  infection  of  any  contagious  disease. 

(Id.  §  22.) 

473.  Same — Attendance  at  school — Regulations. — That  no 
child,  minor,  or  person  from  any  house  where  any  person  or 
persons  is  sick  or  affected  with  any  of  the  diseases  named 
or  provided  for  in  section  two  (2)  of  this  ordinance,  shall 
attend  any  public,  private,  or  sectarian  school  in  this  city 
until  the  recovery  or  death  of  said  sick  person  or  persons, 
and  in  either  event  the  aforesaid  child,  minor,  or  person  shall 
be  provided  with  a  written  statement  by  the  attending  physi- 
cian, if  any,  and  if  not,  then  by  the  commissioner  of  health, 
certifying  to  their  non-contagiousness,  which  statement  must 
be  presented  to  the  principal  or  teacher  of  said  public  or  pri- 
vate school  before  said  child,  minor,  or  person  will  be  allowed 
to  return. 

fid.  §   8.) 

474.  Same — Same. — Tt  shall  be  the  duty  of  all  physicians, 
upon  discovery  of  any  contagious  or  infectious  disease,  to 
instruct  the  parents  or  guardians  of  any  child  or  minor  who 
may  be  residing  at  the  infected  premises,  of  the  provisions  of 
the  above  section.  And  it  shall  be  the  duty  of  any  principal 
or  teacher  of  any  public,  private,  or  sectarian  school  in  this 


175 

city  to  report  at  once  to  the  department  of  health,  in  writing, 
any  violation  of  the  above  section. 

(Id.  §  9.) 

475.  Same — Boarding  house  keepers,  hotel  keepers,  lodg- 
ing house  keepers  to  report. — That  every  keeper  of  every 
boarding  house,  or  lodging  house,  and  every  innkeeper  and 
hotel  keeper  shall,  within  twenty-four  (24)  hours,  report, 
in  writing,  to  the  commissioner  of  liealth  the  same  particu- 
lars as  is  required  of  any  physician  concerning  any  person 
being  at  any  of  the  aforesaid  houses  or  hotels  and  attacked 
with  any  contagions  disease. 

(Id.  §  11.) 

476.  Same — Managers  of  institutions  to  report  once  a 
week. — That  the  commissioner,  manager,  principal,  or  other 
proper  head  officer  of  each  and  every  public  or  private  insti- 
tution in  said  city,  shall,  once  in  each  week,  report  in  writing 
(or  cause  such  report  by  some  proper  person  to  be  made 
once  in  each  week)  to  the  commissioner  of  health,  and  state 
therein  the  name,  if  known,  and  condition  and  disease  of 
any  and  every  person  being  thereat  and  sick  of  any  conta- 
gious disease. 

(  Id.  §  12.) 

477.  Same — Sick  persons  from  steamboat  or  vessel — 
Duties  of  boarding  and  lodging  house  keepers. — That  the 
keepers,  lessees,  tenants,  and  owners  of  every  boarding  house 
and  lodging  house,  shall,  within  six  (6)  hours  after  the  facts 
shall  conic  to  his  of  her  or  their  knowledge,  notify  the  com 
missioner  of  health,  in  writing,  of  the  fad  of  an)  man  or 
person  lately  from  any  steamboal  or  vessel  being  taken  sick 

m'Ii   house,  and   shall   in  such   notice  state    where   such   sick 
person    may    be    found,    and     from    what    vessel    and    when    he 

came,  to  the  besl  of  the  knowledge  of  the  person  or  persons 
giving  such   nol  ii 

(Id.  §   L3.) 

478.  Same — Funeral  Obsequies — Permit — Conditions. — 
When  funeral  obsequies  are  di  ired  iii  an)  death  from  any 
contagious   or  infectious  mmissioner  of  health 


L76 

shall  grant  a  permit  for  that  purpose,  subject  to  the  following 
conditions:  That  the  body  be  placed  in  a  metallic  casket, 
which  shall  be  hermetically  sealed  at  once  and  shall  not  be 
opened  afterwards.  That  the  room  containing  the  same 
sha!l  be  funvgated  with  sulphur  for  at  least  six  (6)  hours 
before  the  funeral  takes  place  and  disinfected  with  approved 
disinfectants  such  as  are  not  injurious  to  furniture  or  wear- 
ing apparel  That  this  shall  be  done  under  the  personal 
supervision  of  an  officer  from  the  health  department,  who 
shall  be  detailed  for  that  purpose  by  the  commissioner  of 
health,  and  whose  directions  shall  be  obeyed. 

(Id.  §  14.) 

479.  Same — Fumigating,  cleaning  and  disinfecting  after 
death  or  convalescence. — That  upon  death  or  convalescence 
of  any  person  or  persons  affected  or  sick  with  any  of  the 
diseases  named  or  provided  for  in  section  two  (2)  of  this 
ordinance,  the  commissioner  of  health  shall  at  once  cause  the 
room  or  rooms  used  by — and  those  in  the  immediate  vicinity 
of — said  person  or  persons,  together  with  contents  of  said 
room  or  rooms,  to  be  thoroughly  disinfected,  cleansed,  fumi- 
gated, or  whatever  in  his  discretion  may  be  deemed  neces- 
sary in  order  to  prevent  a  further  spread  of  the  disease,  even 
in  extreme  cases  to  destroying  said  contents  of  said  rooms. 
All  this  to  be  done  at  the  expense  of  the  owner,  when  he  or 
she  is  able,  and  when  he  or  she  is  not,  then  at  the  expense 
of  the  city. 

(Id.  §  15.) 

480.  Same — Persons  quarantined  or  in  smallpox  hospital 
not  to  leave  without  permission. — That  no  person  or  persons 
who  have  been  affected  or  sick  with  any  of  the  diseases 
named  and  provided  for  in  section  two  (2)  of  this  ordinance 
who  have  been  quarantined  or  isolated  in  any  place  within 
the  jurisdiction  of  the  city  of  St.  Paul,  or  placed  in  the  small- 
pox hospital  by  the  health  department  of  the  city  of  St.  Paul, 
shall  be  allowed  to  leave  such  quarantine  or  smallpox  hospital 
without  permission  of  the  commissioner  of  health. 

(Id.  §  16.) 


481.  Interments — Certificate  of  physician  or  coroner — Un- 
dertaker to  forward  to  commissioner  of  health* — Proviso  as  to 
contagious  disease. — That  whenever  any  person  shall  die 
within  the  city  of  St.  Paul  it  shall  be  the  duty  of  the  physician 
attending  such  person  during  his  or  her  last  sickness,  or  of 
the  coroner  of  the  city  when  the  case  comes  under  his  official 
notice,  to  furnish  and  deliver  to  the  undertaker,  or  other  per- 
son superintending  the  burial  of  said  deceased  person,  a 
certificate,  duly  signed,  setting  forth.,  as  far  as  the  same  may 
be  ascertained,  the  name,  age,  color,  sex,  nativity  (giving 
state  or  county),  occupation,  whether  married  or  single,  dura- 
tion of  residence  in  the  city  of  St.  Paul,  cause,  date  and  place 
of  death  (giving  street  and  number),  and  duration  of  sickness 
of  said  deceased  person.  And  it  shall  be  the  duty  of  the 
undertaker  or  other  person  in  charge  of  the  burial  of  said 
deceased  person,  to  forward  it  to  the  commissioner  of  health 
within  twenty-four  (24)  hours  after  such  death.  Provided, 
that  in  case  of  death  from  any  infectious  or  contagious  dis- 
ease, said  certificate  shall  be  so  made  and  forwarded  within 
twelve   (12)   hours  thereafter. 

(Id.  §  17.) 

482.  Interments,  disinterments,  or  other  disposition  not 
to  be  made  without  permit — Duties  of  sextons  or  others  in 
charge  of  burying  grounds. — That  no  interment  or  disinter- 
ment of  the  dead  body  of  any  human  being,  or  disposition 
thereof  in  any  tomb,  vault  or  cemetery,  shall  be  made  within 
the  city  of  St.  Paul  without  a  permil  therefor  granted  by 
the  department  of  health  of  said  city,  nor  otherwise  than  in 
accordance  therewith.  And  no  sexton  or  other  person  shall 
assisl  in  or  assenl  or  allow  any  such  intermenl  or  disinter 
merit  to  be  made  until  such  permit  shall  be  given  as  afon 
said;  and  it  shall  be  the  duty  of  every  sexton  or  other  per- 
son having  charge  of  any  burying  ground,  cemetery,  tomb, 
or  vault,  as  aforesaid,  who  shall  receive  an)  such  permit,  to 
pn  •  i  •  and  return  the  same  to  the  commissioner  of  health. 
together  with  a  full  reporl  on  blanks  which  will  be  furni 
bun  for  that  purpose  at  the  end  of  every  month:  and  no  sex- 
ton, undertaker,  or  other  person     hall  bury,  or  cause  to  be 


178 

buried,  the  body  of  any  deceased  person  within  the  city  of 
St.  Paul,  except  in  such  grounds  as  are  now  known  and  used 
as  burial  grounds,  or  such  as  shall  hereafter  be  by  law  desig- 
nated and  authorized  to  be  used  as  such. 

(Id.  §  18.) 

483.  Dead  body  not  to  be  conveyed  without  permit — Pro- 
viso.— That  no  dead  body,  or  part  of  the  dead  body  of  any 
human  being,  shall  be  in  any  manner  carried  or  conveyed 
from,  in,  to  or  through  the  city  of  St.  Paul  by  any  person 
or  by  means  of  any  boat,  vessel,  car,  stage,  or  other  vehicle, 
or  by  any  public  or  private  conveyance,  without  a  permit 
therefor  first  granted  by  the  department  of  health  of  said  city. 

Provided,  that  the  same  effect  may  be  given  by  said  de- 
partment to  a  burial  or  transit  permit  issued  by  the  proper 
authority  of  any  other  place  or  jurisdiction  when  the  death 
of  the  person  named  in  the  permit  shall  have  occurred  within 
such  place  or  jurisdiction.       (Id.  §  19.) 

484.  Duty  of  commissioner  and  coroner  when  burial  per- 
mit is  applied  for  without  physician's  certificate. — That  when- 
ever a  permit  for  burial  is  applied  for.  in  case  of  death  with- 
out the  attendance  of  a  physician,  or  if  it  be  impossible  to 
obtain  a  physician's  certificate,  it  shall  be  the  duty  of  the 
commissioner  of  health  to  investigate  the  cause  and  circum- 
stances of  such  death,  to  make  and  sign  the  certificate 
required  by  section  fifty-nine  [sic]  of  this  ordinance,  and  if 
not  satisfied  as  to  the  cause  and  circumstances  of  such  death, 
he  shall  refer  the  case  to  the  coroner  of  the  city  for  investi- 
gation and  report,  and  said  coroner  is  hereby  required  to 
make  such  investigation  and  report. 

(Id.  §  20.) 

485.  Unlawful  for  undertaker  and  others  to  take  remains 
of  persons  dead  of  contagious  diseases  into  church,  etc. — It  is 
hereby  declared  unlawful  for  any  undertaker,  parent,  or 
guardian  to  take  the  remains  of  any  person  who  died  of  any 
of  the  diseases  named  in  section  two  (2)  of  this  ordinance, 
into  any  church  or  public  building  for  the  purpose  of  holding 
funeral  services  over  the  remains  of  said  person. 

(Id.  §  67.) 


179 

486.  Clergymen  shall  not  allow  body  of  person  dead  of 
contagious  diseases  into  church,  etc. — No  clergyman  shall 
allow  the  body  of  any  person  dead  of  smallpox,  yellow  fever, 
diphtheria,  scarlet  fever,  membraneous  croup,  or  any  other 
contagious  or  epidemic  disease,  to  enter  any  church  with 
which  said  clergyman  may  be  connected;  and  it  is  hereby 
declared  unlawful  for  any  clergyman  to  hold  public  services 
in  any  church  or  private  dwelling-house,  over  the  remains  of 
anv  person  dead  of  any  of  the  aforementioned  diseases,  or 
either  of  them. 

(Id.  §   68.) 

487.  Physician,  accoucher,  midwife,  undertaker,  person  in 
charge  of  cemetery,  must  register. — That  it  shall  be  the  duty 
of  every  physician,  accoucher,  midwife,  undertaker,  sexton, 
or  superintendent  of  any  cemetery,  or  person  having  charge 
of  the  same,  practicing  medicine  or  doing  business  within  the 
city  of  St.  Paul,  to  register  his  or  her  name  in  a  book  or  books 
to  be  provided  for  such  purpose  at  the  office  of  the  depart- 
ment of  health  of  said  city,  giving  full  name,  residence  and 
place  of  business,  and  in  case  of  removal  from  one  place  to 
another  in  said  city,  to  make  change  in  said  register  accord- 
ingly. 

(Id.  §  10.) 

488.  Vaccination — Parents,  guardians,  etc.,  to  compel  as 
far  as  possible — That  every  person  being  the  parent  or  guard- 
inn,  or  having  the  care,  custody,  or  control  of  any  minor  or 
other  individual  shall  (to  the  extent  of  any  means,  power, 
and  authority  of  said  parent,  guardian,  or  other  person  that 
could  properly  be  used  or  exerted  for  such  purpose)  cause 
and  procure  such  minor  or  individual  to  be  so  promptly,  Fre 
rpiently,  and  effectively  vaccinated  that  such  minor  or  indi- 
vidual shall  not  take,  or  be  liable  to  take,  the  smallpox. 

(Id.  §  21.) 

489.  Same — Principal  or  teacher  of  school  not  to  admit  or 
retain  child  who  has  not  been  vaccinated  within  seven  years. 
— That  no  principal  of  any  school,  and  no  principal  or  teacher 

of  any  private,  sectarian,  or  other  school,  shall   admit    to  any 

such  school  any  child  or  minor  who  shall  nol  have  been  vac- 


180 

cinated  within  seven  (?)  years  next  preceding  the  admission 
or  application  for  admission  to  any  such  school  of  such  child 
or  minor;  or  shall  an)'  such  principal  or  teacher  retain  in 
or  permit  to  attend  any  such  school,  any  such  child  or  minor 
who  shall  not  have  been  vaccinated  within  seven  (7)  years 
next  preceding  the  taking  effect  of  this  article. 

(Id.  §  23.) 

490.  Same — Evidence  ifor  teacher,  what. — The  evidence 
of  such  vaccination  to  be  presented  to  any  such  principal  or 
teacher,  as  is  mentioned  in  the  preceding  section,  shall  be  a 
certificate  signed  by  the  commissioner  of  health  or  any  physi- 
cian duly  licensed  by  the  state  board  of  examiners. 

(Id.  §  24.) 

491.  Same — Commissioner  to  visit  schools,  etc. — The  com- 
missioner is  hereby  empowered  to  visit  any  and  all  public 
and  private  schools  in  the  city,  and  to  make  or  cause  to  be 
made  an  examination  of  the  children  and  minors  in  attend- 
ance therein  as  often  as  he  may  deem  necessary  to  secure 
compliance  with  the  provisions  hereof. 

(Id.  §  25.) 

492.  Same — Penalty  for  violation  of  provisions  by  prin- 
cipal or  teacher. — Any  principal  of  a  public  school,  or  prin- 
cipal or  teacher  of  any  private  or  other  school,  who  shall 
violate  any  of  the  provisions  of  section  twenty-three  (23)  of 
this  ordinance,  or  shall  in  any  way  prevent  or  attempt  to 
prevent  the  commissioner  of  health  from  exercising  the  power 
conferred  on  him  by  section  twenty-five  (25)  of  this  ordi- 
nance, shall  be,  upon  conviction,  liable  to  the  penalty  herein- 
after described. 

(Id.  §  26.) 

493.  Cellars,  vaults,  private  drains,  cesspools,  privies, 
sewers,  not  to  become  offensive. — That  no  person  shall  suffer 
or  permit  any  cellar,  vault,  private  drain,  cesspool,  privy,  or 
sewer,  upon  any  premises  belonging  to  or  occupied  by  him 
or  her  within  the  limits  of  the  city  of  St.  Paul,  to  become 
nauseous,  offensive,  or  injurious  to  the  public  health. 

(Id.  §  2?.) 


181 

494.  Water  closets,  privy  vaults  and  cesspools — To  be  con- 
nected with  sewer  when  practicable  and  provided  with  traps, 
etc. — Duty  of  owner  as  to  obstructions  and  exhalations,  etc. — 
Every  water  closet,  privy  vault,  or  cesspool  shall  be  properly 
connected  with  a  public  sewer  when  practicable,  which  con- 
nection shall  be  in  all  parts  adequate  for  the  purpose,  as  to 
permit  entirely  and  freely  to  pass  whatever  enters  the  same ; 
and  all  such  water  closets,  privy  vaults,  or  cesspools  shall 
be  provided  with  proper  traps,  ventilating  pipes,  tight  pipes 
for  connecting  with  house  sewer,  sufficient  water  and  other 
means  for  flushing  the  same,  and  every  owner,  lessee,  and 
occupant  shall  take  adequate  measures  to  prevent  improper 
substances  from  entering  such  water  closets,  privy  vaults,  or 
their  connections,  and  to  secure  the  prompt  removal  of  any 
improper  substances  that  may  enter  therein,  so  that  no 
accumulation  shall  take  place,  and  so  as  to  prevent  any  exhal- 

i  therefrom,  offensive,  dangerous,  or  prejudicial  to  health, 
and  so  as  to  prevent  the  same  from  being  or  becoming  ob- 
structed. 

(Id.  §  49.) 

495.  Same — When  not  connected,  to  be  walled  up,  how — 
Not  to  be  within  twenty  feet  of  house  or  street,  etc. — Nui- 
sances declared. — When  not  connected  with  any  sewer,  all 
water  closets,  privy  vaults,  or  cesspools  shall  be  walled  up 
or  cemented  on  sides  and  bottom  in  such  a  way  that  they 
will  he  impervious  to  water.  vSaid  bottom  shall  he  at  least 
six  (('))  feet  below  the  level,  and  they  shall  be  provided  with 
proper  ventilating  pipes  and  covers,  subjeel  to  the  approval 
of  the  building  inspector;  and  no  water  closet,  priv\  vault, 
Or  cesspool  shall  he  SO  constructed  within  twenty  (20)  fed 
of   any    house,    residence,   or    building    without    a    permit    from 

the  owner  or  agenl   of  said  house,  residence  or  building,  or 

within    twenty    (20)    feet    of  tile    line   of  an\    public    street. 

Provided,  thai   all   water  closets,  privj    vaults,  cesspools, 
or  private  drains  alread)  built  or  constructed  thai  do  nol  con 
form    with    the    provisions    of    section-,    foil  \  nine    I  19)    and 
fifty   (50)   of  tins  ordinance  are  hereb)    declared   a   nuisance, 
and  the  owmr  or  agenl  of  said  water  closet,  privy  vault,  or 


L82 

pool  or  private  drain,  shall,  upon  being  notified  by  the 
commissioner  of  health,  in  writing,  proceed  at  once  to  abate 
said  nuisance  according  to  the  regulations  of  sections,  forty- 
nine  ("49)  and  fifty  (50)  of  this  ordinance. 

(Id.  §  50.) 

496.  Privies — Within  twenty  feet  of  street,  house,  or  well, 
a  nuisance,  unless,  etc. — It  shall  constitute  and  is  hereby 
declared  a  nuisance  for  any  person  to  erect  or  maintain  a 
privy  as  near  as  twenty  (20)  feet  to  any  street,  dwelling, 
shop,  or  well,  unless  the  same  be  furnished  with  a  substan- 
tial vault  six  (6)  feet  deep  and  made  water  tight,  so  that 
the  contents  cannot  escape  therefrom,  and  sufficiently  secured 
and  enclosed. 

(Id.  §  42.) 

497.  Same — To  be  kept  cleaned — Notice — Expense. — It  is 
hereby  made  the  duty  of  the  owners  of  property  to  keep  all 
privy  vaults  on  property  owned  by  them  clean,  and  to 
promptly  clean  them  whenever  notified  to  do  so  by  an  assist- 
ant health  inspector  of  the  department  of  health ;  and  any 
expense  incurred  in  cleaning  vaults  shall  be  paid  by  the 
owner  of  the  property,  or  his  agent,  and  all  disputes  between 
the  owners,  of  such  vaults  and  tenants  shall  be  adjusted 
between  themselves — the  .city  looking  to  the  owner  for  any 
expense  incurred  by  reason  of  such  cleaning. 

(Id.  §  72,  as  amended  by  Ord.  No.  2171,  approved  February  9, 

1901,  §  1.) 

498.  Same — To  be  cleaned  once  a  year  or  oftener — Emit- 
ting smells  declared  nuisance. — All  privies  must  be  cleaned 
out  at  least  once  in  each  year,  or  oftener  if  so  required  by 
notice  from  the  commissioner  of  health  of  the  city  of  St.  Paul, 
or  by  the  assistant  health  inspector,  and  all  privies  emitting 
smells  and  odors  prejudicial  to'- the  public  health  are  hereby 
declared  nuisances,  and  the  department  of  health,  commis- 
sioner of  health,  or  any  assistant  inspector,  shall  have  power 
to  abate  the  same. 

(Id.  §  43,  as  amended  by  Ord.   No.   1561,  approved  Dec.  8, 

1891,  §  1.) 


183 

499.  Privies,  vaults,  sinks,  cesspools — Contents  to  be  re- 
moved according  to  permit,  etc. — That  neither  the  owner, 
lessee,  agent,  or  occupant  of  any  building  or  premises  in  the 
city  of  St.  Paul  shall  employ,  cause,  or  permit  any  part  of  the 
contents  of  any  vault,  privy,  sink,  or  cesspool  (being  thereon, 
and  of  which  he  has  control),  to  be  removed  unless  accord- 
ing to  permit  or  the  regulations  of  said  department  of  health. 
(Ord.  Xo.  809,  approved  July  21,  1887,  §  54,  as  amended    by 

Ord.  No.  1561,  approved  Dec.  8,  1891,  §  1.) 

500.  Distiller,  soap  boiler,  meat  packer  and  others  not  to 
permit  nauseous  liquors,  etc.,  to  flow  into  streets,  etc. — Xo  dis- 
tiller, tanner,  brewer,  soap  boiler,  tallow  chandler,  meat  packer, 
dyer,  livery-stable  keeper,  housekeeper,  or  other  person  shall 
discharge  out  of,  or  permit  to  flow  from,  their  still  house, 
tannery,  brewery,  manufactory,  shop,  packing  house,  stable, 
or  other  place,  any  foul  or  nauseous  liquors,  slops,  or  sub- 
stance whatever  into  any  private  ground,  street,  lane,  or 
public  ground  within  said  city. 

(Ord.  No.  809,  approved  July  21,  1887,  §  28.) 

501.  Soap  boiler  and  others  not  to  keep  putrid  fat,  etc. — 
Undressed  hides,  how  long  kept. — No  soap  boiler,  tallow 
chandler,  candle  or  oil  maker,  or  other  person  shall  keep  or 
use,  or  cause  to  be  kept  or  used,  any  stale,  putrid,  or  stinking 
fat,  grease,  or  meat ;  nor  shall  any  person  keep  for  more  than 
twenty-four  (24)  hours  any  undressed  hides,  except  at  the 
place  where  the  same  are  to  be  manufactured. 

(  Id.  §20.) 

502.  Groceries,  packing  houses,  stables,  etc.,  not  to  become 
foul. — Xo  owner  or  occupant  of  any  grocery,  cellar,  tallow 
chandlery  shop,  soap  factory,  tannery,  brewery,  distillery, 
pork  or  beef  packing  house,  stable,  or  ham,  shall  suffer  the 
same  to  become  foul,  nauseous,  or  offensive. 

(Id.  §  30.) 

503.  Dead  animals  not  to  be  allowed  to  lie  in  street,  etc. — 
Dead  animal  and  animal  matter,  etc.,  not  to  be  thrown  into 
pool  of  water. — No  owmr  or  possessor  of  an)  animal  which 
shall   have   died   shall   suffer   the   same   to  lie  on   any   public 


IS  I 

ground,  street,  lane,  alley,  or  any  private  lot  or  place  within 
the  city  ;  nor  shall  any  person  throw  or  leave  any  such 
animal,  or  any  vegetable  or  decayed  animal  matter,  or  any 
slops  or  tilth  whatever,  solid  or  fluid,  into  any  pool  of  water 
in    said    city. 

(Id.  §  31.) 

504.  Dead  animals,  animal  matter,  etc.,  not  to  be  depos- 
ited unless  buried  under  commissioner's  directions. — Xo  per- 
son shall  deposit  or  leave,  or  cause  to  be  left,  or  placed,  or 
deposited  in  any  part  of  said  city,  any  dead  animal,  or  any 
animal  or  vegetable  excrementative  or  other  substance  which 
is  offensive,  or  which  by  process  of  decomposition  may  become 
offensive,  unless  the  same  shall  be  buried  by  the  permission 
and  under  the  direction  of  the  commissioner  of  health. 

(Id.  §  35.) 

505.  Owner  or  occupant  of  lot  or  tenement  not  to  permit 
nuisance. — Xo  owner  oi  occupant  of  any  lot  or  tenement 
shall  cause  or  permit  any  nuisance  to  be  or  remain  in  or 
upon  any  lot  or  tenement,  or  between  the  same  and  the  center 
of  the  street  adjoining. 

(Id.  §  32.) 

506.  Owners  or  occupants  of  premises  permitting  nuisance 
— Duty  of  assistant  commissioner — Penalty. — If  any  person 
within  the  limits  of  the  city  of  St.  Paul  shall  permit  or  suffer 
on  his,  or  their  premises,  or  on  premises  of  which  he,  she.  or 
they  may  be  the  occupant  or  occupants,  any  nuisance,  either 
by  exercising  any  unwholesome  or  offensive  trade,  calling, 
or  business,  or  by  having  or  suffering  or  permitting  any  build- 
ing, outhouse,  sewer,  sink,  or  any  putrid  or  unsound  beef, 
pork,  fish,  hides,  skins,  or  any  putrid  carcass,  or  any  un- 
wholesome substance  or  thing  whatever,  to  be  or  remain  on 
premises  of  which  he,  she  or  they  shall  be  the  owner  or  own- 
ers, occupant  or  occupants,  until  by  offensive  and  ill  stenches 
or  otherwise,  they,  or  any  of  them,  shall  become  offensive, 
hurtful,  or  dangerous  to  the  neighborhood,  it  shall  be  the 
duty  of  the  assistant  health  inspector  to  give  notice  to  such 
person  or  persons  to  remove  such  nuisance  forthwith,  and  if 
the  owner  or  owners,  occupant  or  occupants,  of  premises  on 


185 

which  such  nuisance  shall  be  situated  shall  neglect  or  refuse 
to  remove  the  same  for  the  space  of  twenty-four  (24)  hours 
after  such  notice  shall  have  been  given,  he,  she,  or  they,  upon 
conviction  thereof  before  the  municipal  court  of  the  city  of 
St.  Paul,  shall  be  liable  to  the  penalty  hereinafter  described, 
together  with  the  expense  of  removing  such  nuisance  and  the 
costs  of  prosecution. 

(Id.  §  33.) 

507.  Persons  permitting  nuisance  after  notice — Duty  of 
assistant  commissioner — Penalty. — If  any  person  or  persons 
shall,  after  notice  as  aforesaid,  permit  any  such  nuisance  to 
remain  which  shall  be  manifestly  dangerous  or  improper,  it 
shall  be  lawful  for  the  assistant  health  inspector  to  remove 
and  abate  such  nuisance,  either  by  removing  any  putrefac- 
tion or  by  draining  the  premises,  o'r  by  filling  them  up  forth- 
with under  direction  of  the  commissioner  of  health,  and  the 
person  or  persons  permitting  the  same  to  remain  as  aforesaid 
shall,  on  conviction  thereof,  be  liable  to  the  penalty  herein- 
after described. 

(Id.  §  34.) 

508.  Slaughtering  animals,  rendering  animal  matter,  etc. 
— Unlawful  without  permission. — It  shall  be  unlawful  for  any 
person,  firm,  or  corporation  to  carry  on  the  business  of 
slaughtering  of  animals  or  rendering  of  any  animal  matter, 
or  manufacturing  the  same  into  fertilizing  material,  or  chang- 
ing the  form  thereof  in  any  manner  by  the  use  of  heat,  steam, 
fire,  chemicals  or  otherwise,  at  any  place  or  in  any  establish- 
ment anywhere  within  the  city  of  St.  Paul,  or  within  one  (1) 
mile  of  the  limits  of  said  city,  except  by  a  permit  from  com- 
mon council. 

(Id.  §  37.) 

509.  Animal  matter,  unsound — Not  to  remain  in  city,  etc. 
— It  shall  be  unlawful  for  any  person,  firm,  or  corporation 
having  the  ownership  or  control  of  any  animal  matter  which 
is  unsound,  or  in  process  of  decay,  within  the  city  of  St.  Paul, 

to  permit  the  same  to  be  and  remain  while  in  such  condition 
within  said  city  or  within  one  (1)  mile  of  the  limits  thereof 
more   than    twelve    (12)    hours   after  SUoh   animal    matter   shall 


LSG 

have  become  unsound,  or  after  the  process  of  decay  shall  have 
l  in  the  same,  whether  it  be  at  any  establishment  for 
the  rendering  or  changing  the  character  thereof  within  the 
locality  prescribed  and  designated  in  the  preceding  section 
of  this  article  or  elsewhere  within  the  said  city,  or  within 
one  (1)  mile  of  the  limits  thereof. 

(Id.  §  38.) 

510.  Slaughtering  animals  for  food,  packing,  rendering, 
fertilizer  and  glue  manufacturing,  etc. — Unlawful  without  per- 
mission.— It  shall  he  unlawful  for  any  person  or  persons,  com- 
pany, or  corporation  within  the  city  of  St.  Paul,  or  within 
one  (l)  mile  of  the  limits  thereof,  to  engage  in  the  business 
of  slaughtering  animals  for  food,  packing  them  for  market, 
or  rendering  the  offal,  fat,  bones,  or  scraps  from  such  animals, 
or  any  dead  carcass,  or  any  animal  matter  whatever,  or  tp 
engage  in  the  manufacture  or  production  of  fertilizers  or  glue, 
or  the  cleaning  or  rendering  of  intestines,  unless  he  or  they 
shall  have  obtained  a  permit  from  the  common  council  for 
such  business. 

(Id.  §  39.) 

511.  Same — Permission  may  be  revoked. — Any  license  so 
granted  may  be  revoked  upon  written  notice  by  the  commis- 
sioner of  health  whenever  it  shall  appear  to  his  satisfaction 
that  the  party  so  licensed  shall  have  violated  any  provision 
of  any  ordinance  of  the  city  council,  or  any  statute  law  of  the 
state  of  Minnesota,  relating  to  said  business  of  slaughtering, 
packing,  rendering,  and  manufacture  of  fertilizers  or  glue. 

(Id.  §  40.) 

512.  Same — Commissioner  and  assistants  to  have  free 
entrance  to  buildings,  etc. — The  commissioner  of  health,  or 
any  or  all  of  his  assistant  inspectors,  shall  be  permitted  free 
entrance  at  all  hours  of  the  day  or  night  to  all  buildings  used 
for  the  purposes  specified  in  section  thirty-nine  (39)  of  this 
article  [ordinance],  and  to  free  and  unrestrained  examina- 
tion of  all  apparatus  or  utensils  used  in  such  manufacture, 
or  in  the  disposition  of  gases  generated  in  such  manufacture. 

(Id.  §  41.) 


187 

513.  Garbage,  manure,  offal,  etc.,  not  to  be  deposited  or 
unloaded  in  city — Cars  loaded  with,  same  not  to  stand,  where 
— Manure  vaults  to  be  emptied. — That  no  pile  or  deposit  of 
manure,  offal,  or  garbage,  nor  accumulation  of  any  offensive 
or  nauseous  substance  shall  be  made  within  the  limits  of 
the  city,  nor  shall  any  person  or  corporation  unload,  dis- 
charge, or  put  upon  or  along  the  line  of  any  railroad,  street, 
alley,  or  highway,  or  public  place  within  said  city,  any  manure, 
offal,  garbage.,  or  other  offensive  or  nauseous  substance ;  nor 
shall  cars  or  flats  loaded  with  or  having  upon  them  any  such 
substance  or  substances  be  allowed  to  remain  or  stand  on 
or  along  any  railroad,  street,  or  highway  within  the  limits 
of  said  city  within  three  hundred  (300)  yards  of  any  inhabited 
dwelling.  All  manure  vaults  attached  to  stables,  where  more 
than  two  (2)  horses  are  kept,  shall,  between  April  and  No- 
vember of  each  year,  be  emptied  twice  in  each  week,  and 
such  vault  shall  in  no  case  be  permitted  to  become  a  nuisance. 

(Id.   §  47.) 

514.  Garbage,  manure,  offal,  vegetable  and  animal  matter, 
etc. — Where  dumped. — That  no  manure,  garbage,  offal,  or 
any  vegetable  or  animal  matter  or  nauseous  substance  detri- 
mental to  health  shall  be  dumped  or  deposited  at  any  place 
within  the  limits  of  the  city  of  St.  Paul,  except  at  such  place 
or  places  designated  and  provided  for  that  purpose  by  the 
commissioner  of  health. 

(Id.  §  48.) 

515.  Garbage — Tenement  houses  and  other  places  to  keep 
suitable  receptacle  for  garbage — Term  garbage  defined — Not 
to  be  mixed  with  foreign  substances  or  scattered  in  streets, 
etc. — Tenement  houses  not  to  store  horses,  cattle,  etc.,  or 
combustibles,  etc. — Penalty. —  Every  tenement,  dwelling 
house  lodging  house,  and  hotel  shall  provide  and  maintain 
proper  and  suitable  receptacles  for  receiving  garbage,  which 
receptacles  shall  consisl  of  water  tighl  vessels  not  too  large 
for  convenient  handling,  and  shall  be  placed  by  the  occupants 
of  such  buildings  at  ;i  poinl  on  the  premises  most  accessible 
to  the  persons  collecting  the  garbage. 


L88 

Garbage  shall  be  construed  to  mean  kitchen  offal  and 
other  refuse  matter  composed  of  either  animal  or  vegetable 
substances. 

Householders  and  others  who  offer  garbage  to  be  re- 
moved shall  not  he  permitted  to  mix  with  it  dirt,  ashes, 
stones,  sticks  of  wood,   or  other  substances  foreign  to  it. 

Xo  person  shall  cause  or  permit  garbage  to  be  thrown 
or  scattered  in  streets,  alleys,  or  on  vacant  lots. 

No  tenement  or  lodging  house,  nor  any  portion  thereof, 
shall  be  used  as  a  place  of  storage  for  any  combustible  article, 
or  any  article  dangerous  or  detrimental  to  health,  nor  shall 
any  horse,  cow,  calf,  swine,  pig.  sheep,  or  goat  be  kept  in 
such  house. 

Any  person  who  violates,  neglects,  or  refuses  to  comply 
with  any  of  the  provisions  of  this  section  shall  be  subject  to 
a  fine  not  exceeding  one  hundred  dollars  ($100)  nor  less  than 
twenty-five  dollars  ($25)  for  each  offense,  together  with  the 
costs  of  prosecution. 

(Ord.  No.  809,  approved  July  21,  1887,  §  51,  as  amended  by 
Ord.  No.  1341,  approved  May  20,  1890,  §  1.) 

516.  Garbage,  dead  animals,  night  soil,  etc. — Contractor, 
or  scavenger  to  do  the  work  of  removal  properly. — That  it 
shall  be  the  duty  of  every  contractor,  scavenger,  and  person, 
his  agents  and  employes,  who  has  contracted  or  undertaken 
to  remove  any  diseased  or  dead  animals,  offal,  rubbish,  gar- 
bage, dirt,  street  sweepings,  night  soil,  or  other  filthy,  offen- 
sive, or  noxious  substance,  or  is  engaged  about  any  such 
removal,  or  in  loading  or  unloading  of  any  such  substance,' 
to  do  the  same  with  dispatch,  and  in  every  particular  in  a 
manner  as  cleanly  and  little  offensive,  and  with  as  little  danger 
and  prejudice  to  life  and  health  as  possible. 

(Id.  §  56.) 

517.  Garbage,  etc. — Transported  in  tight  boxes  by  scav- 
engers.— All  persons,  firms,  and  corporations  engaged  in  the 
business  of  scavenger  within  the  city  of  St.  Paul,  or  who 
may  be  employed  therein  by  individuals  to  remove  garbage  or 
other  substances  which  for  any  cause  have  become  offensive, 
or  have  to  be  removed,  shall,  in  removing  the  same  through, 


189 

over,  or  along  any  of  the  streets,  highways,  alleys,  or  public 
grounds  of  said  city,  or  elsewhere  therein,  convey  the  same 
in  close,  tight,  covered  boxes,  so  as  to  prevent  the  scattering 
or  dropping  therefrom  of  any  such  garbage  or  other  sub- 
stances while  in  motion  or  passing  along  any  of  the  streets, 
highways,  alleys,  and  other  places  above  mentioned,  any 
part  or  portion,  of  such  garbage  or  other  materials  or  sub- 
stances, or  permit  the  emission  of  'smells  therefrom. 

This  ordinance  shall  apply  to  and  is  hereby  made  binding 
and  obligatory  upon  all  persons,  firms,  or  corporations  who 
are  now  engaged  in  the  business  of  removing  garbage  or 
other  materials  and  substances  which  for  any  cause  are 
offensive  or  deleterious  in  said  city,  or  have  to  be  removed 
therefrom  under  any  of  the  ordinances  thereof  now  in  force 
therein,  or  that  may  hereafter  be  passed  by  the  common 
council  of  said  city,  or  which  may  hereafter  be  engaged  or 
employed  to  do  like  work  pursuant  to  cither  or  any  of  such 
ordinances. 

(Id.  §  71.) 

518.  Garbage,  dead  animals,  night  soil,  etc. — Contractor 
for  removal  not  to  be  obstructed. — That  no  person  shall  ob- 
struct, delay,  or  interfere  with  the  proper  and  free  use,  for 
the  purposes  for  which  they  may  be  and  should  be  set  apart 
for  the  use  of  any  contractor  or  person  engaged  in  removing 
any  offal,  garbage,  rubbish,  dirt,  dead  animals,  night  soil,  or 
other  like  substances,  or  with  the  proper  performance  of  such 
contracts. 

(Id.  §  55.) 

519.  Garbage,  collection — Commissioner  to  keep  record 
of  reports  and  complaints,  examine  complaints,  etc. —  It  is 
hereby  made  the  duty  of  the  commissioner  of  health  of  the 
city  of  St.  Paul  to  receive,  and  enter  as  received,  in  a  record 
hd.k  or  books,  which  '-hall  contain  an  alphabetically  arranged 
li^t  of  the  streets  of  the  city  of  St.  Paul,  the  reports  thai  are 
made  from  month  i<>  month  in  detail  by  the  contractors  for 
tin'  collecting  rbage  in  the  city  of  St.  Paul,  as  provided 
in  the  contract  for  collecting  garbage;  and  it  is  also  made 
the  duty  of   the  health   commissioner   to   receive,   and   enter 


L90 

as  received,  in  a  properly  prepared  book,  all  complaints  made 
in  regard  to  the  collection  of  garbage  or  relating  to  the  dis- 
position thereof. 

And  the  said  commissioner  of  health,  upon  the  receipt 
of  any  complaint  made  in  regard  to  the  collection  of  garbage 
or  the  disposition  of  the  same,  shall  at  once  examine  the 
same  and  the  cause  thereof,  and  he  shall  see  that  the  said  gar- 
bage contract  is  in  all  things  properly  performed  according  to 
the  conditions  and  terms  of  said  contract  mentioned. 
(Ord.  No.  1677,  approved  May  1,  1893,  §  1.) 

520.  Commissioner  to  'report  complaints  and  investiga- 
tions, etc.,  to  council — Ordinances  inconsistent  with  Ordinance 
1677,  repealed. — It  is  hereby  made  the  duty  of  the  commis- 
sioner of  health  to  report  to  the  common  council  on  the  first 
day  of  each  and  every  month  a  statement  of  all  complaints 
received  during  the  previous  month  on  account  of  the  col- 
lection and  disposition  of  garbage  in  the  city  of  St.  Paul,  and 
the  investigation  made  in  regard  to  each  complaint,  in  which 
statement  he  shall  report  the  name  of  the  complainant,  the 
date  of  the  complaint,  the  date  of  the  investigation  and  the 
result  thereof.  All  ordinances  and  resolutions  inconsistent 
with  the  provisions  of  this  ordinance  are  herebv  repealed. 

(Id.  §§  2,  3.) 

521.  Cattle,  milk,  meats,  fish,  vegetables — Butchers  and 
others  must  allow  inspection,  etc. — That  every  butcher,  grocer, 
and  milk  dealer,  and  their  agents,  shall  allow  the  parties 
authorized  by  the  commissioner  of  health  to  freely  and  fully 
inspect  their  cattle  and  milk,  meats,  fish,  and  vegetables  held, 
offered,  or  intended  for  sale,  and  will  be  expected  to  answer 
all  reasonable  and  proper  questions  asked  by  such  persons 
relative  to  the  condition  thereof,  and  of  the  places  where 
such  articles  may  be. 

rOrd.  No.  809,  approved  July  21,  1887,  §  53.) 

522.  Meat,  etc.,  unwholesome,  must  not  be  brought  to 
city,  etc. — That  no  meat,  fish,  birds,  or  fowls,  or  vegetables, 
nor  any  milk,  not  being  healthy,  fresh,  sound,  wholesome, 
pure,  unadulterated,  and  safe  for  human  food,  nor  any  meat 
or  fish  that  died  by  disease  or  accident,  or  other  representa- 


191 

tions  of  food,  whether  in  the  natural  state  or  manufactured, 
shall  be  brought  within  the  city  of  St.  Paul  or  held  for  sale 
at  any  public  or  private  market  as  such  food  anywhere  in  said 
city. 

(Id.  §  61.) 

523.  Calf,  pig,  lamb,  fish,  birds — Unwholesome,  must  not 
be  brought  to  city,  etc. — That  no  calf,  pig,  or  lamb,  or  the 
meat  thereof,  shall  be  brought,  held,  or  offered  for  sale  as 
such  food  in  said  city,  which  at  the  date  of  its  death  (being 
a  calf)  was  less  than  five  (5)  weeks  old ;  or  (being  a  pig)  was, 
when  killed,  not  more  than  five  (5)  weeks  old;  or  (being 
a  lamb)  was,  when  killed,  not  more  than  eight  (8)  weeks 
old.  Nor  shall  any  meager,  sickly,  or  unwholesome  fish, 
birds,  or  fowls  be  brought,  held,  or  sold  or  offered  for  sale 
as  such  food  in  said  city. 

(Id.  §  62.) 

524.  Meat,  etc.,  unwholesome — Duty  of  assistant  inspectors 
— Duty  of  commissioner. — It  shall  be  the  duty  of  the  meat 
inspectors,  or  of  the  assistant  health  inspectors,  upon  discov- 
ering any  meat,  fish,  birds,  or  fowls,  vegetables,  or  milk, 
offered  for  sale  as  food  within  the  city  of  said  St.  Paul  that 
is  decayed,  diseased,  unwholesome,  or  from  any  cause  unfit 
for  food,  to  at  once  seize  and  confiscate  such  meat,  fish,  birds 
or  fowls,  vegetables  or  milk,  and  report  the  same  to  the  com- 
missioner of  health,  who  shall  at  once  enter  complaint  against 
the  owner  or  person  offering  such  meat,  fish,  birds  or  fowls, 
vegetables  or  milk  for  sale. 

(Id.  §  63.) 

525.  Meat,  etc. — To  be  kept  clean  and  wholesome  and  room 
in  which  stored  to  be  clean. — That  every  person  being  tlio 
owner,  lessee,  or  occupant  of  any  room,  stall,  or  place  where 
any  meat,  fish,  or  vegetables,  designed  or  held  for  human 
food  shall  be  stored  or  kept,  or  shall  be  held  or  offered  for 
Sale,   shall    put   and   keep   such   room,   Stall,  and   place,   and   its 

appurtenances  in  a  cleanly  and  wholesome  condition,  and 
every  person  having  charge  (or  interested  or  engaged, 
whether  as  principal  r»r  agent),  in  care,  or  in  respect   to  the 

custody  or  sale  of  any  meat,  fish,  birds,  fowls,  or  vegetables, 


192 

or  other  article  whatever,  whether  in  its  natural  state  or 
manufactured  (designed  for  human  food)  shall  put  and  pre- 
serve the  same  in  a  cleanly  and  wholesome  condition,  and 
shall  not  allow  the  same,  or  any  part  thereof,  to  be  poisoned, 
infected,  or  rendered  unsafe  or  unwholesome  for  human  food. 

(Id.  §  64.) 

526.  Meat,  etc.,  unwholesome — Duty  of  person  knowing 
of  such. — That  it  shall  be  the  duty  of  every  person  knowing" 
of  any  fish,  meat  or  fowl,  bird,  or  vegetable  being  bought, 
sold  or  offered  for  sale  (as  food  for  human  beings),  or  be- 
ing in  any  market,  public  or  private,  in  said  city,  and  not 
being  sound,  healthy,  or  wholesome  for  such  food,  to  forth- 
with report  such  facts,  or  the  particulars  relating  thereto,  to 
the  department  of  health,  or  to  one  of  its  officers. 

(Id.  §  66.) 

527.  Cattle  with  lumpy  jaw  must  not  be  offered  for  sale — 
Duty  of  commissioner  or  inspector. — It  is  hereby  declared 
unlawful  for  the  owner  or  custodian  of  any  live  stock,  or 
any  live  stock  commission  merchant,  or  any  other  indi- 
vidual, firm  or  corporation  within  the  limits  of  the  city 
of  St.  Paul,  to  sell  or  offer  for  sale  any  cattle  suffering 
from,  or  afflicted  with,  the  "lumpy-jaw"  (Astmomycosis)  ; 
and  when  any  such  stock  afflicted  with  said  disease  is  found 
within  the  city  limits  of  said  city,  it  is  hereby  made 
the  duty  of  the  commissioner  of  health  or  the  live  stock 
inspector  of  the  department  of  health  to  take  possession  of 
said  animal,  and  when  said  inspector  is  certain  of  his  diag- 
nosis, to  shoot  or  otherwise  kill  said  animal  and  turn  the 
carcass  over  to  the  rendering  company. 

(Id.  §  69.) 

528.  Cattle  overheated  or  diseased  must  not  be  killed  for 
food — Must  be  reported. — That  no  cattle  shall  be  killed  for 
human  food  while  in  an  overheated,  feverish,  or  diseased 
condition  ;  and  all  such  diseased  cattle  in  the  city  of  St.  Paul, 
and  the  place  where  found  and  there  diseased,  shall  be  at 
once  reported  to  the  commissioner  of  health  by  the  owner 
or  custodian  thereof,  that  the  proper  order  may  be  made 
relative  thereto.  (Id.  §  70.) 


193 

529.  Cattle — Not  more  than  one  cow  or  other  cattle  in 
stable  or  yard,  etc. — That  no  person  or  persons  shall  keep, 
stable,  or  yard  more  than  one  cow  or  other  cattle  for  any 
length  of  time  whatever  in  any  one  stable,  ya.Td,  or  inclosure 
within  the  city  without  a  permit  from  the  commissioner  of 
health. 

(Id.  §  57.) 

530.  Swine,  sheep,  goats,  chickens — Not  to  be  penned,  etc. 
— That  no  person  or  persons  shall  keep  or  pen  any  swine, 
sheep  or  goats,  chickens  or  fowls  of  any  description  for  any 
length  of  time  within  the  city  without  a  permit  from  the 
commissioner  of  health. 

(Id.  §  58.) 

531.  Ice  cut  in  the  river  below  St.  Anthony  Falls  must 
not  be  offered  for  sale. — It  is  hereby  made  and  declared  to 
be  unlawful  and  a  misdemeanor  for  any  party,  person,  firm, 
or  corporation  to  offer  for  sale  or  sell  to  any  person,  firm, 
or  corporation  within  the  limits  of  the  city  of  St.  Paul  for  any 
purpose  whatever,  ice  that  has  been  cut  or  taken  out  of  or 
from  the  Mississippi  river  at  any  point  within  the  banks 
thereof  and  below  the  falls  of  St.  Anthonv. 

(Id.  §  60.) 

532.  Hides,  green — Storage  and  sale,  etc. — Tannery — Per- 
mit.— That  no  person  shall  receive  or  store,  or  dress,  or  pack, 
or  sell  any  green  hides,  or  establish  any  tannery,  or  carry  on 
the  same  within  the  limits  of  the  city  of  St.  Paul,  without 
first  obtaining  a  permit  from  the  commissioner  of  health. 

fid.  §  65.) 

533.  Wells  and  cisterns,  impure  water  from — Duty  of 
health  department. — Whenever  the  attention  of  the  commis- 
sioner of  health  is  called  to  the  water  from  any  well  or  cis- 
tern in  the  city  of  St.  Paul  which,  after  a  careful  examina- 
tion by  said  commissioner  of  health,  or  by  a  qualified  chemist, 
is  found  to  be  impure,  contaminated  and  unfit  for  drink-,  it 
shall  be  the  duty  of  said  commissioner  of  health  to  serve 
or  cause  to  be  served  on  the  owner  of  the  property  a  notice 
in  writing  that   sneh   water  shall  be  no  longer  used   for  drink- 


1'.'! 

ing  purposes;  and  it  is  hereby  made  the  duty  of  the  depart- 
ment of  health  to  order  the  closure,  filling  up  or  destruction 
•iy  well  or  cistern  whose  waters,  after  a  careful  examina- 
tion, are  found  to  be  impure  ;  and  wdien  such  steps  are  taken 
by  said  department  of  health  any  tenant,  owner,  agent,  or 
any  other  individual  whomsoever  who  resists,  opposes  or 
attempts  in  any  way  to  interfere  with  said  work  of  the  depart- 
ment of  health  must  do  so  at  his,  her  or  their  peril. 

(Id.  §  73.) 

» 

534.  Chief  of  police  to  report  nuisance,  etc. — It  shall  be 
the  duty  of  the  chief  of  police  to  report  to  the  commissioner 
of  health  the  existence  of  any  nuisance  whatever  in  said  city, 
and  perform  such  other  acts  relative  to  the  same  according 
to  the  general  or  special  regulations  prescribed  relating 
thereto. 

(Id.  §  36.) 

535.  Commissioner  to  abate  nuisance. — Whenever  any 
nuisance  shall  be  found  on  any  premises  within  the  city,  con- 
trary to  this  article,  the  commissioner  of  health  is  hereby 
authorized  in  his  discretion  to  cause  the  same  to  be  sum- 
marily abated  in  such  manner  as  he  may  direct. 

(Id.  §  44.) 

536.  Commissioner  or  assistant  to  give  notice  of  nuisance 
— Occupant  responsible,  when — Buildings  occupied  by  more 
than  one  tenant — Agent  responsible,  when — Expenses,  penalty. 

— In  all  cases  wdiere  a  nuisance  shall  be  found  in  any  build- 
ing, or  upon  any  ground  or  other  premises  within  the  juris- 
diction of  the  city  of  St.  Paul,  twenty-four  (24)  hours'  notice 
may  be  given,  in  writing,  signed  by  the  commissioner  of 
health,  or  by  the  assistant  health  inspector,  to  the  owner 
or  agent  of  such  building  or  premises,  wdiere  he  is  known 
or  can  be  found,  to  remove  and  abate  such  nuisance.  When 
the  owner  of  any  building  is  a  non-resident,  or  absent  from 
the  city  of  St.  Paul,  the  agent  of  said  building  shall  be  held 
responsible  for  the  sanitary  condition  of  the  said  building 
or  premises ;  and  the  said  agent  shall  be  liable  to  the  same 
fine  and  penalties  as  the  owner  would  be  were  he  in  the  city 
limits.     In  case  of  such  neglect  or  refusal  to  abate  the  same, 


195 

ill  accordance  with  such  notice,  he,  she,  or  they  shall  be 
chargeable  with  the  expenses  which  may  be  incurred  in  the 
removal  thereof,  to  be  collected  by  suit  or  otherwise,  in  addi- 
tion to  the  fine  or  penalty. 

(Id.   §  45,  as  amended  by  Ord.   No.   1561.  approved   Dec.   8,. 
1891,  §   1,   as  amended  by   Ord.   No.  2171,  approved 
February  9,   1901,  §   2.) 

537.  Common  law  and  statute  nuisances. — In  all  cases 
where  no  provision  is  herein  made  defining  what  are  nui- 
sances, and  how  the  same  may  be  removed,  abated  or  pre- 
vented, in  addition  to  what  may  be  declared  such  herein, 
those  offenses  which  are  known  to  the  common  law  of  the 
land  and  the  statutes  of  Minnesota  as  nuisances  may,  in  case 
the  same  exists  within  the  city  limits  or  within  one  (1)  mile 
thereof,  be  treated  as  such  and  proceeded  against  as  is  in 
this  article  provided,  or  in  accordance  with  any  other  law 
which   shall   give  .the   officer   trying   the    same  jurisdiction. 

(Ord.  No.  809,  approved  July  21,  1887,  §  46.) 

538.  Agent  to  disclose  name  of  owner. — That  every  agent 
or  other  person  having  the  charge,  control  or  management, 
or  who  collects  or  receives  the  rents  of  any  lands,  premises 
or  other  property  in  the  city,  shall  disclose  the  name  or 
names  of  the  owner  or  owners  of  such  land,  premises,  or 
property,  or  the  name  or  names  of  the  person  or  persons 
for  whom  such  agenl  or  other  person  is  acting,  upon  appli- 
cation being  made  therefor  by  an  inspector,  agent,  or  officer 
0     ill'-  department  of  health  or  the   department  of  buildings. 

-  (  Id.  §  52.  i 

539.  Regulations  and  orders  of  department  to  be  obeyed. — 
Thai  every  person  shall  observe  and  obe)  each  and  every 
special  regulation  and  every  order  of  the  department  of  health 

that  is  or  may  In-  made  for  earn  ing  into  effect  any  of  the  fore- 
going ordinances  or  powers,  or  any  law  of  this  stale  or  other- 
wise, whether  issued  directl}  by  the  departmenl  of  health  or 
promulgated  by  the  commissioner  of  health,  as  if  the  same 
had  been  herein  inserted  at  length. 

i  1.1.  §59.) 


106 

540.  Penalty. — That  any  person  who  violates,  disobeys, 
omits,  neglects  or  refuses  to  comply  with  any  of  the  provisions 
of  this  ordinance,  or  who  refuses  or  neglects  to  obey  any  of 
these  rules,  orders  or  sanitary  regulations  of  the  department 
of  health,  or  omits  or  neglects  or  refuses  to  comply  with,  or 
who  resists  any  officer,  or  order  or  special  regulation  of  said 
department  of  health,  shall  upon  arrest  and  conviction  before 
the  municipal  court  of  the  City  of  St.  Paul  be  subject  to  a 
fine  of  not  less  than  ten  dollars  ($10)  and  not  exceeding  the 
sum  of  seventy-five  dollars  ($75)  for  each  and  every  such 
offense. 

(Id.   §  74,  as  amended  by  Ord.   No.   1561,   approved  Dec.   8, 

1891,  §  1.) 

541.  An  Ordinance  relating  to  the  preservation  of  health 

and  the  prevention  and  suppression  of  contagious 
disease  in  the  City  of  St.  Paul. 

The   Common   Council  of  .the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  Each  and  every  druggist  or  vender  in  dr.ugs  or 
other  person  who  shall  hereafter,  in  the  City  of  St.  Paul,  sell, 
furnish  or  supply  to  any  person  any  antitoxin,  mallein  or  tu- 
berculine,  or  any  analogous  product,  shall  on  the  same  day  of 
selling,  furnishing  or  supplying  the  same  report  to  the  Com- 
missioner of  Health,  at  his  office  in  the  City  Hall,  City  of  St. 
Paul,  State  of  Minnesota,  either  verbally  or  by  telephone  or 
by  letter,  the  name  or  names  of  the  person  or  persons  to 
whom  he  shall  sell,  furnish  or  supply  any  such  antitoxin, 
mallein  or  tuberculine,  the  amount  thereof  sold,  furnished  or 
supplied,  and  the  name  and  place  of  residence  or  business  of 
each  and  every  person  for  whom  the  same  shall  be  purchased, 
sold,  furnished  or  supplied. 

542.  Sec.  2.  Penalty. — Any  person  who  shall  violate  any 
of  the  provisions  of  this  ordinance  shall,  upon  conviction 
thereof  before  the  municipal  court,  be  fined  not  to  exceed 
one  hundred  dollars  ($100),  nor  less  than  twenty-five  dol- 
lars ($25),  or  be  imprisoned  not  exceeding  ninety  (90)  days 
for  each  and  every  offense. 

(Ord.  Xo.  2481,  approved  Dec.  6,  1904.) 


197 

HOSPITALS. 

Ordinance  No.  2352. 

(Approved    February    24,    1903,    as    amended    by    Ord.    Xo. 
2505,  approved  April  7,  1905.) 

543.  An   Ordinance    relating    to    hospitals  in  the  City  of 

St.  Paul. 

The  Common  Council  of  the   City  of  St.   Paul   do  ordain  as 

follows : 

Sec.  1.  No  hospital  or  house,  building,  tenement,  rooms 
or  institution,  public  or  private,  for  the  reception,  care  or 
treatment  of  any  sick  or  diseased  person  or  persons,  or  for 
the  reception,  care  or  treatment  of  any  sick  or  diseased  ani- 
mals, shall  be  hereafter  opened,  kept  or  maintained  within 
\hc  limits  of  the  City  of  St.  Paul,  by  any  person,  persons,  or- 
ganization or  corporation,  until  a  license  for  the  keeping  and 
maintaining  of  the  same  shall  have  been  granted  by  the  Com- 
mon Council  of  the  City  of  St.  Paul  in  the  manner  hereinafter 
provided. 

544.  Sec.  2.     License  to  be  procured. —  He  fore  any  person, 
onSj  organization  or  corporation  shall  open,  erect,  keep  or 

maintain  within  the  limits  of  the  City  of  St.  Paul,  any  hos- 
pital, house,  building,  tenement,  rooms  or  institution,  whether 
public  or  private,  for  the  reception,  care  or  treatment  of  any 
sick  or  diseased  person  or  persons,  or  for  the  reception,  care 
or  treatment  of  any  sick  or  diseased  animals,  they  shall  make 
written  application  for  a  license  so  to  do  1"  the  Common 
Council  of  the  City  of  St.  Paul,  and  upon  such  application, 
ther  with  such  other  information  as  such  Common  Coun- 
cil shall  deem  it  necessary  in  tin-  premises  to  obtain,  the  said 
Common  Council  may,  by  resolution,  grant  or  refuse  such 
license;  and  if  such  license  shall  be  granted,  the  City  Clerk 
of  the  City  of  St.  Paul  shall  thereupon  issue  the  same,  and  it 
shall  continue  in  Force  until  revoked  by  said  Common  Coun- 
cil, who  may  at  any  time  revoke  it  upon  due  hearing  or  just 
cause.  Application  for  license  to  make  any  change  in  loca- 
tion or  otherwise  in  any  such  hospital  for  the  reception  oi 
of  the  sick  or  diseased  p<  or  animals,  shall  be  made  in 


L98 

the  same  manner,  and  procedure  had  thereupon  in  the  same 
manner  as  hereinbefore  provided  upon  application  for  such 
hospital  <>r  other  place  hereinbefore  specified  in  the  first 
instance. 

(As  amended  by  Ord.  No.  2505,  approved  April  7,  L905.) 

545.  Sec.  3.  Penalty. — Any  person  or  persons  violating 
any  oi  the  provisions  of  this  ordinance  shall  be  punished  by  a 
fine  of  not  more  than  $100  or  by  imprisonment  of  not  more 
than    nine!}'    days. 

546.  Sec.  4.  All  ordinances  repealed. — All  ordinances  and 
parts  of  ordinances  inconsistent  with  the  provisions  of  this  or- 
dinance are  hereby  repealed. 

Sec.  5.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

547.  Hospitals,  etc.,  not  licensed,  a  nuisance — Penalty — 
Violation  of  ordinance — Prosecution — Proviso. — Any  such 
hospital,  room,  rooms,  tenement  or  institution  within  the  lim- 
its of  the  City  of  St.  Paul  which  shall  be  kept  or  maintained 
by  any  person,  persons,  corporation  or  organization  without 
the  license  hereinbefore  provided  for,  is  hereby  declared  to 
be  a  public  nuisance,  and  shall  be  abated  as  such,  and  the 
person  or  persons,  corporation  or  organization,  maintaining, 
owning,  operating*  or  conducting  the  same  shall  be  liable  to 
a  fine  of  not  less  than  ten  dollars  ($10)  nor  more  than  one 
hundred  dollars  ($100)  for  each  day  that  the  same  shall  be  in 
operation  without  such  license,  to  be  recovered  in  a  civil 
action  commenced  in  the  name  of  the  City  of  St.  Paul  in  any 
court  of  competent  jurisdiction ;  and  it  is  hereby  made  the 
duty  of  the  health  officer  of  the  City  of  St.  Paul  to  cause 
complaint  to  be  made  of  any  violations  of  the  provisions  of 
this  ordinance,  and  all  prosecutions  thereunder  shall  be  con- 
ducted by  the  city  attorney  of  said  City  of  St.  Paul ;  provided, 
that  the  provisions  of  this  ordinance  shall  not  apply  to  the  of- 
fice or  place  of  business  of  any  physician,  surgeon,  dentist  or 
druggist. 

(Id.  §4.) 


199 

548.  Ambulance  of  St.  Joseph's  or  other  hospital — May  be 
driven  faster  than  six  miles  an  hour — To  have  right  of  way, 
subordinate,  etc. — Gong. — The  ambulance  used  in  connection 
with  St.  Joseph's  hospital,  or  by  any  other  hospital  in  the 
City  of  St.  Paul,  for  the  transportation  of  sick  or  injured 
persons,  may,  whenever  necessity  requires,  be  driven  over  the 
streets  and  avenues  of  the  City  of  St.  Paul  at  a  rate  of  speed 
exceeding  six  miles  per  hour,  and  shall  have  the  right  of  way 
over  said  streets  and  avenues  subordinate  only  to  the  vehicles 
and  apparatus  used  by  the  fire  department  and  the  patrol 
wagons  and  other  vehicles  used  by  the  police  department; 
provided,  however,  that  each  and  every  ambulance  shall  have 
attached  thereto,  within  easy  reach  of  the  driver  thereof,  a 
proper  and  suitable  gong,  which  shall  be  sounded  from  time 
to  time  by  said  driver  as  a  warning  of  the  approach  of  said 
ambulance. 

(Ord.  No.  1859,  approved  Dec.  19,  1895,  §  1.) 

549.  Same — Ambulance  must  not  be  obstructed,  etc. — Free 
use  of  streets  to  be  surrendered,  except,  etc. — As  far  as  pos- 
sible way  to  be  cleared  for  ambulance — Penalty. — No  person 
shall  obstruct,  hinder  or  delay  any  ambulance  so  connected 
with  any  of  said  hospitals  during  its  passage  through  the 
streets  of  said  city,  but  each  and  every  person,  except  the 
officers  and  members  of  the  fire  department  and  police  de- 
partment while  in  the  actual  discharge  of  their  duties  as 
above  provided,  shall  surrender  to  said  ambulance  the  free 
and  unobstructed  use  of  the  streets  of  said  city,  and  so  far  as 
possible  clear  the  way  for  the  passage  1  hereof. 

550.  Penalty. — Any  person  willfully  violating  any  of  the 
provisions  of  this  ordinance  shall  be  punished  by  a  fine  of 
not  less  than  five  (5)  dollars  nor  more  than  fifty  (50)  dollars, 
or  by  imprisonment  for  not  less  than  ten  (10)  nor  more  than 
sixty  (60)  days. 

(Id.  §§2,  3.) 


800 

HOTEL  RUNNERS. 

Ordinance  No.  2452. 

(Approved  July  8,  1904.) 

551.  An  Ordinance  to  regulate  runners  in  the  City  of  St. 

Paul. 
The   Common  Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  hereafter  it  shall  be  unlawful  for  any  per- 
son to  engage  in  the  occupation  or  business  of  a  runner  for 
any  railroad,  hotel  or  restaurant,  within  the  corporate  limits 
of  the  City  of  St.  Paul,  without  first  obtaining  a  license  so  to 
do. 

552.  Sec.  2.  Application  for  license. — Any  person  desir- 
ing a  license  to  engage  in  the  business  or  occupation  of  a  run- 
ner for  any  railroad,  hotel  or  restaurant,  shall  make  written 
application  therefor  to  the  Common  Council,  in  which  he 
shall  state  for  what  particular  class  of  business  he  desires  a 
license.  The  Com  men  Council  shall  thereupon  investigate 
and  consider  the  fitness  of  such  applicant,  and  if,  after  such 
investigation,  it  is  deemed  proper  to  grant  a  license  to  engage 
in  and  perform  the  business  aforesaid  to  such  applicant  the 
Common  Council  shall  thereupon  by  resolution  instruct  the 
City  Clerk  to  issile  a  license  to  such  applicant  for  the  particu- 
lar business  specified  in  his  application;  provided,  however, 
such  applicant  shall  before  the  issuance  of  such  license,  pay 
to  the  City  Treasurer  the  sum  of  twenty-five  dollars  as  and 
for  an  annual  license  fee  and  such  license  shall  be  issued  only 
for  the  period  of  one  year  from  its  date. 

553.  Sec.  3.  Place  of  soliciting. — It  shall  be  unlawful  for 
any  person  so  licensed  as  a  runner  for  any  railroad,  hotel  or 
restaurant,  to  solicit  at  any  place  in  the  City  of  St.  Paul, 
except  directly  in  front  of  or  immediately  upon  the  premises 
actually  occupied  by  the  offices  of  the  railroad,  or  by  the 
hotel  or  restaurant  represented  by  him. 

554.  Sec.  4.  Licensee  to  wear  a  badge. — Every  person  li- 
censed hereunder  shall  wear  conspicuously  and  in  plain  view 
upon  his  clothes,  a  badge  bearing  the  number  of  his  license, 


201 

in  figures  at  least  one  and  one-fourth  inches  in  height,  and 
shall  also  wear  a  uniform  cap  with  the  name  in  letters  one 
inch  in  length  on  the  front  thereof,  of  the  railroad,  hotel  or 
restaurant  for  which  he  is  transacting"  the  business  of  a  run- 
ner. 

555.  Sec.  5.  Manner  of  transaction. — Every  person  so  li- 
censed shall  transact  his  business  in  a  quiet  and  orderly  man- 
ner, and  shall  not  use  loud  or  boisterous  language,  or  touch  or 
interfere  with  the  person  or  freedom  of  individuals,  and  for 
an}-  violation  of  any  of  the  terms  or  provisions  of  this  ordi- 
nance the  Common  Council  may  summarily  revoke  any  li- 
cense issued  hereunder  and  forfeit  the  license  fee  paid  for  the 
use  and  benefit  of  said  city. 

556.  Sec.  6.  Records  to  be  kept. — It  shall  be  the  duty  of 
the  City  Clerk  to  keep  a  record  of  all  such  licenses,  to  whom 
issued,  the  date  thereof,  and  the  numbers  of  the  same,  and 
from  time  to  time  as  the  same  are  issued,  to  furnish  a  list 
thereof  to  the  License  Inspector  of  said  city,  and  no  license 
issued  hereunder  shall  be  transferred  to  or  used  by  any 
other  person  during  the  time  for  which  it  is  issued,  and  it 
shall  be  the  duty  of  the  owner  of  any  such  license,  when  re- 
quested, to  show  it  to  any  person  authorized  to  inspect  such 
license. 

557.  Sec.  7.  Penalty. — Any  person  who  shall  violate  any 
of  the-  provisions  of  this  ordinance  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  1>\  a 
fine  not  exceeding  fifty  dollars,  or  by  imprisonment  in  the 
'workhouse  for  a  term  of  not   more  than  sixty   days. 

8.     This  ordinance  shall  take  effeel  and  he  in  force 
from  and  after  its  passage,  approval  and  publication. 

HOUSE  NUMBERS. 

558.  Houses  and  lots  shall  be  assigned  numbers — Plan. — 
Thai   on  all  streets  or  avenues   in   the  Cit)    of  St.    Paul   the 

or  houses  shall  be  assigned  numbers  in  accordance  with 
the   following  plan  : 

All  streets  running  in  an  easterly  and  westerly  direction, 
or  in  a  direction  marly  parallel  to  the  Mississippi  river,  shall 


.  *     » 

be  numbered  from  the  following  line:  From  the  north  line 
of  the  city,  on  the  north  and  south  line,  one-fourth  (%)  of 
a  mile  east  of  Rice  street,  and  forming  the  west  boundary 
line  of  Oakland  cemetery,  to  Bluff  street;  thence  along  Wa- 
basha street  from  Bluff  street  to  and  across  the  St.  Paul 
bridge  :  thence  along  Dodd  street  from  the  St.  Paul  bridge 
to  Gale  avenue  :  thence  southerly  on  Gale  avenue,  continued 
to  the  south  line  of  the  city.  All  streets  running  north  and 
south  or  at  right  angles  to  the  river  shall  be  numbered  from 
the  line  of  Summit  avenue  from  the  west  line  of  the  city  to 
Ramsey  street :  thence  along  Ramsey  street  to  its  east  termi- 
nus ;  thence  along  the  north  bank  of  the  Mississippi  river  from 
opposite  the  end  of  Ramsey  street  to  the  township  line  be- 
tween towns  28  and  29;  thence  on  said  township  line  and  on 
Burns  avenue  to  the  east  boundary  of  the  city.  All  streets 
in  the  Sixth  ward  running  north  and  south,  or  at  right  angles 
to  the  river,  shall  be  numbered  from  the  line  of  Delos  street 
and  the  section  line  continued  therefrom  east  to  the  river  (or 
on  the  street  lying  nearest  to  said  line).  The  numbering  of 
all  streets  shall  increase  progressively  from  said  initial  lines. 
Odd  numbers  shall  be  on  the  west  and  north  sides  and  the 
even  numbers  on  the  east  and  south  sides.  The  numbers 
of  streets  running  at  right  angles  to  the  river  shall  be  three 
hundred  (300)  at  the  south  side  of  Third  street  east  of  the 
Seven  Corners,  and  numbers  shall  be  arranged  on  all  streets 
so  as  to  be  the  same  on  each  one  at  the  crossing  of  the  same. 
(Ord.  No.  205,  approved  April  6,  1880,  §§  1,  2.) 

559.  City  Engineer  to  prepare  maps. — The  city  engineer- 
shall  cause  to  be  prepared  maps  of  a  convenient  size,  on 
which  shall  be  shown  the  numbering  as  provided  by  this  or- 
dinance, those  nearest  the  initial  line  being  made  first,  and 
when  any  of  said  maps  are  completed,  shall  report  the  fact  to 
the  city  council. 

(Id.  §  3.) 

560.  After  public  notice  of  completion  of  maps,  buildings 
shall  be  numbered — Penalty. — And  on  public  notice  being 
given  of  such  completion  of  any  of  said  maps,  it  shall  then 
be  the  duty  of  all  owners  or  occupants  of  buildings  on  said 


203 

streets  to  obtain  from  the  city  engineer  the  correct  numbers 
for  their  respective  buildings,,  for  which  no  fee  shall  be 
charged,  and  to  cause  said  correct  number  to  be  placed  on 
their  buildings  within  sixty  (GO)  days  from  the  giving  of 
such  public  notice. 

And  any  owner  or  occupant  of  any  building  who  shall 
fail  to  comply  with  the  provisions  of  this  ordinance,  shall, 
upon  conviction,  be  fined  in  a  sum  not  less  than  five  dollars 
($5)   and  costs  of  prosecution. 

(Id.  §4.) 

561.  Ordinance  repealed. — That  an  ordinance  providing 
for  numbering  houses  in  the  City  of  St.  Paul  (approved  July 
29.  1874)   is  hereby  repealed. 

(Id.  §5.) 

ICE. 

562.  Unlawful  to  sell  ice  taken  from  Mississippi  river  be- 
low St.  Anthony  Falls — Penalty. — Tt  is  hereby  made  and  de- 
clared to  be  unlawful  and  a  misdemeanor  for  any  party,  per- 
son, firm  or  corporation  to  offer  for  sale  or  sell  to  any  person, 
firm  or  corporation  within  the  limits  of  the  City  of  St.  Paul 
for  any  purpose  whatever,  ice  that  has  been  cut  or  taken  out 
of  or  from  the  Mississippi  river  at  any  point  within  the  banks 
thereof  and  below  the  falls  of  St.  Anthony. 

Penalty. — Any  party,  person  or  corporation  who  shall  be 
convicted  of  violating  the  provisions  of  the  above  and  fore- 
going  section  before  any  court  having  jurisdiction  of  offenses 
of  that  kind  or  nature  shall  be  fined  in  a  sum  not  less  than 
twenty-five  dollars  ($2."))  or  more  than  one  hundred  dollars 
($100). 

(Ord.    No.   747,    Dec.  7,    1886,  §§  1,  2.     See,  also,    Health    De- 
partment.) 

563.  Unlawful  to  cut  ice  from  Lake  Como — Penalty. — 
It  is  hereby  made  and  declared  to  be  unlawful  and  a  misde? 
tneanor  for  an)  person  to  cul  ice  from  or  oul  of  Lake  Como, 
in  the  City  of  St.  Paul. 

564.  Penalty. — Any  person  who  shall  be  convicted  of  vio 
fating  the  provisions  of  this  ordinance,  before  any  court  hav- 


204 

ing  jurisdiction,  shall  be  fined  in  a  sum  not  less  than  twenty- 
five  dollars   ($25)   nbr  more  than  one  hundred  dollars   ($100). 
(Ord.  No.   L021,  approved   Sept.  18,  1888,  §§1,  2.) 

565.  Unlawful  to  cut  ice  for  family  use  from  Pickerel  lake 
or  Round  lake  (Nigger  lake) — Penalty. —  It  is  hereby  made 
and  declared  to  be  unlawful  and  a  misdemeanor  for  any  per- 
son to  cut  ice  out  of  Pickerel  lake  (so-called)  or  Round  lake 
(sometimes  called  Nigger  lake)  for  family  use. 

566.  Penalty. — Any  person  who  shall  be  convicted  of  vio- 
lating the  provisions  of  this  ordinance,  before  any  court  hav- 
ing jurisdiction,  shall  be  fined  in  a  sum  not  less  than  twenty- 
five  dollars   ($25)   nor  more  than  one  hundred  dollars   ($100). 

(Ord.  No.  1100,  approved  Aug.  6,  1889,  §§  1,  2.) 

INTOXICATING   LIQUORS. 

567.  Application  for  license — Publication  fee — Publica- 
tion— Hearing — Objections  to  go  to  the  committee  on  li- 
cense.— That  all  applications  for  a  license  to  sell  intoxicating 
liquors'  within  said  city  shall  be  in  writing,  and  shall  desig- 
nate the  place  where  such  business  is  to  be  carried  on.  which 
shall  not  be  in  those  portions  of  the  city  in  which  the  sale  of 
intoxicating  liquors  is  prohibited  by  law  or  ordinances  of  the 
city,  which  application  shall  be  filed  with  the  city  clerk. 
Thereupon  said  city  clerk  shall  publish  a  notice  in  the  official 
newspaper  of  said  city  once  a  week  for  two  (2)  weeks,  which 
notice  shall  contain  the  name  of  the  applicant,  a  description 
of  the  premises  stated  in  the  application,  and  that  at  a  time 
therein  stated,  which  shall  not  be  less  than  two  (2)  weeks 
after  said  first  publication,  said  application  will  be  heard  be- 
fore him  at  a  place  therein  designated. 

That  several  of  such  applications  may  be  included  in  one 
notice,  which  shall  be  signed  by  the  city  clerk. 

That  any  person  may  appear  at  the  time  stated  for  such 
hearing  and  object  to  the  granting  of  such  license,  where- 
upon such  hearing  shall  be  adjourned  by  the  city  clerk  to 
the  next  meeting  of  the  committee  on  licenses  of  the  city 
council,  who  -may  then  hear  and  determine  the  same  or  ad- 
journ the  hearing  of  the  same  from  time  to  time  and  there- 


80S 

upon  determine  the  same  when  they  shall  see  fit. 
(Ord.  Xo.  874,  approved  Jan.  3,  1888,  §  1,  as  amended  by  Ord. 
Xo.  1910,  approved  Feb.  17,  1897.) 

568.  Bond  of  Applicant. — Any  person  or  persons  so  apply- 
ing for  a  license  to  sell  intoxicating  liquors  shall,  before  the 
same  is  issued,  file  with  the  city  clerk  a  bond  to  said  city,  in 
the  form  required  by  an  act  of  the  legislature  entitled  "An 
act  to  further  regulate  the  sale  of  or  disposition  of  intoxicat- 
ing liquors,"   approved   March  3,   1887. 

(Id.  §2.) 

569.  City  clerk  to  issue  certificate,  when — City  clerk  to 
issue  license,  when — Form  and  duration  of  license. — Tf  no 
such  objection  is  made  to  the  granting  of  such  license  as 
provided  in  section  1  of  this  ordinance,  or  if  the  committee  on 
licenses  of  the  common  council  grant  such  license  notwith- 
standing such  objection,  and  on  approval. of  the  bond  herein 
provided  by  the  committee  on  licenses  of  the  common  coun- 
cil, the  city  clerk  shall  issue  a  certificate  dated  on  that  day 
certifying  that  upon  payment  of  the  sum  of  one  thousand 
dollars  ($1,000)  to  the  city  treasury  the  person  or  persons 
named  in  such  application  will  be  entitled  to  a  license  to  sell 
intoxicating  liquors  at  the  place  therein  named  for  the  term 
of  one  year  from  the  date  hereinafter  fixed. 

("pun  the  filing  by  such  applicant  of  the  city  treasurer's 
receipt  for  one  thousand  dollars  ($1,000)  with  the  city  clerk, 
he  shall  issue  a   written   license  to  such   applicant,   which  li- 

■  shall  be  made  out  by  the  clerk  of  said  city,  and  the 
seal  of  said  city  affixed  thereto  and  attested  by  the  city  clerk 

aid  city,  and  shall  recite  that  the  person  named  therein 
has  been  duly  licensed  to  sell,  vend,  deal  in  and  dispose  of 
spirituous,  vinous,  fermented  and  malt  liquora  and  bever; 

for  the  period  of  one   i  I  i  year  from   the  date  of  the  expiration 

of  his  lasl  preceding  liquor  license,  and  shall  contain  a  de- 
scription of  the  premises  and  room  where  Mich  liquors  are 
licensed  to  be  sold;  provided,  thai  when  it  shall  appear  by 
affidavit  to  the  satisfaction  of  die  city  cleric  thai  such  appli- 
canl  commenced  business  subsequent  to  the  firs!  of  January 
preceding   such    application,    then    such    license    --hall    he    for 


206 

one  (  1  I  year  from  the  time  of  his  commencing  business. 
(Id.  §  3,  as  amended  by  ( )rd.   No.   1910,  approved   February 

17,  1897.) 

570.  Assignment  and  Transfer  of  License. — Such  license 
may  be  assigned  by  written  assignment  on  the  back  thereof, 
but  before  any  person  or  persons  to  whom  the  same  is  so 
assigned  is  authorized  to  sell  intoxicating  liquors  under  the 
same,  he  shall  make  the  application,  cause  the  notice  thereof 
to  be  published,  file  the  bond,  which  shall  be  approved,  and  if 
objections  are  made  the  same  shall  be  heard  as  in  the  case  of 
an  original  application  ;  and  if  no  objections  are  made,  or  if 
the  committee  on  licenses  of  the  common  council  grants  the 
application  notwithstanding  such  objections,  such  license 
shall  be  transferred  to  such  assignee  for  the  place  named  in 
his  said  application,  which  may  be  the  same  or  a  different 
place  (where  not  now  prohibited  by  law  or  ordinances)  from 
that  stated  in  said  assigned  license.  If  any  person  holding 
a  license  provided  for  by  this  ordinance  desires  to  remove 
his  place  of  business  from  one  place  to  another  in  said  city 
(within  which  the  sale  of  intoxicating  liquors  is  not  prohib- 
ited by  the  laws  of.  the  state  or  the  ordinances  of  this  city), 
he  shall  make  his  application,  and  the  same  shall  be  pub- 
lished and  the  objections  thereto  shall  be  heard  the  same  as 
in  the  original  application;  and  if  no  objections  are  made,  or 
if  the  committee  on  licenses  of  the  common  council  grants 
such  change  notwithstanding  such  objections,  and  a  new 
bond  for  the  new  place  is  made  and  approved  as  provided  in 
the  case  of  an  original  application  the  person  or  persons 
named  in  said  license  are  entitled  to  have  such  license 
changed  to  such  new  place,  and  from  thenceforth  the  bonds- 
men upon  the  former  bond  are  released  from  liability  for 
acts  done  after  such  change  in  the  license. 

(Id.  §4.) 

571.  City  clerk  to  keep  record  of  licenses  issued  and  trans- 
ferred.— The  City  Clerk  shall  keep  a  record  of  all  licenses 
issued  or  transferred  by  him,  stating  to  whom  issued,  and  for 
what  purpose,  and  the  room  and  rooms  and  place  where  the 
business  is  to  be  carried  on. 

(Id.  §  5.) 


207 

572.  Penalty  for  selling  without  license. — If  any  person  or 
persons  shall  sell  intoxicating  liquors  without  first  having  ob- 
tained a  license  therefor,  except  as  herein  provided,  or  as  pro- 
vided by  law.  such  person  or  persons  shall  on  conviction 
thereof  be  punished  by  a  fine  not  exceeding  one  hundred  dol- 
lars ($100)  or  by  imprisonment  for  a  period  not  exceeding 
ninety  (90)  days. 

(Id.   §  6,  as   amended  by  Ord.   No.   1491,  approved   April   21, 

1891,  §  1.) 

573.  Regulations      governing      saloons,      etc. — Penalty. — 

That  every  saloon  and  the  bar  of  every  tavern,  inn  or  restau- 
rant and  other  places  where  intoxicating  liquors  are  sold, 
shall  be  closed  between  the  hour  of  twelve  (12)  o'clock  mid- 
night and  the  hour  of  five  (5)  o'clock  in  the  morning;  that 
during  said  time  no  licensed  liquor  dealer  shall  sell,  or  per- 
mit to  be  sold  or  drank  upon  his  premises,  any  liquor  of  any 
kind;  nor  permit  any  gambling  or  games  of  chance  for  money 
or  anything  of  value,  or  the  representative  of  anything  of 
value,  to  be  practiced  or  carried  on  at  any  time  in  any  room 
or  place  in  any  building  wherein  any  kind  of  liquor  is  re- 
tailed or  sold  by  him.  or  which  may  be  occupied,  rented  or 
under  the  control  of  any  such  licensed  liquor  dealer,  or  under 
his  control;  and  no  such  licensed  liquor  dealer  shall  procure, 
suffer  or  allow  any  common  prostitute,  male  or  female,  of 
evil  name  or  fame,  or  of  immoral,  immodest,  lewd  or  lascivi- 
ous conduct  or  behavior,  or  of  dishonest  conversation,  to 
visit,  resort  to,  frequent,  remain  in  or  to  be  employed  in  his 
or  her  saloon,  bar-room,  or  in  any  place  wherein  any  kind 
of  liquor  is  retailed  by  him  or  her.  Any  person  violating  the 
provisions  of  this  section  shnll  on  conviction  thereof  by  any 
court  having  jurisdiction  he  punished  by  line  of  not  less  than 
thirty  dollar-  ($30)  nor  more  than  one  hundred  dollars 
($100),  or  by  imprisonmenl  in  the  workhouse  or  county  jail 

of    'hi1-    county    n  than    ten     (10)    days    nor    more    than 

thirty  (30)  days. 

(Id.  §7.) 


208 

574.  Repeal  of  ordinances. — All  ordinances  and  parts  of 
ordinances  which  contravene  the  provisions  of  this  ordinance 
are  hereby  repealed. 

(  Id.  §  8.) 

575.  Issue  of  licenses  prohibited  in  certain  territory. — 
That  from  and  after  the  publication  of  this  ordinance,  the 
common  council  of  the  City  of  St.  Paul,  or  any  officer  of  the 
city  who  may  have  heretofore  been  charged  with  that  duty, 
shall  not  issue  any  license  whatever  for  the  sale  of  spirituous, 
vinous,  fermented,  malt  or  intoxicating  liquors,  wines,  lager 
beer,  or  cider,  within  the  following  described  territory,  to- 
wit:  Bounded  on  the  south  by  the  railroad  tracks  of  the 
Chicago,  St.  Paul,  Minneapolis  &  Omaha  railroad,  on  the 
east  by  a  line  one  hundred  (100)  feet  west  of  Payne  avenue, 
on  the  west  by  a  line  one  hundred  (100)  feet  east  of  Mis- 
sissippi street,  and  on  the  north  by  Maryland  street. 

(Ord.  No.  491,  approved  March  31,  1885,  §  1.) 

576.  Same. — That  from  and  after  the  publication  of  this 
ordinance  the  common  council  of  the  City  of  St.  Paul,  or  any 
officer  of  said  city  who  may  heretofore  have  been  charged 
with  that  duty,  shall  not  issue  any  license  whatever  for  the 
sale  of  spirituous,  vinous,  fermented,  malt,  mixed  or  intoxi- 
cating liquors,  wine,  lager  beer,  or  cider  within  the  follow- 
ing described  territory,  to-wit :  Beginning  at  a  point  where 
the  St.  Paul  &  Duluth  Railroad  crosses  the  north  city  limits; 
thence  southwesterly  along  said  railroad  track  to  where  it 
intersects  with  Atlantic  street ;  thence  south  on  Atlantic 
street  to  Fauquier  street;  thence  east  on  Fauquier  street  and 
along  the  line  of  the  same  if  extended  to  the  east  city  limits ; 
thence  north  along  the  east  city  limits  to  the  northeast  cor- 
ner of  said  city ;  thence  west  along  the  north  line  of  said  city 
to  the  place  of  beginning. 

(Ord.  No.  555,  approved  Aug.  11,  1885,  §  1.) 

577.  Same. — That  from  and  after  the  publication  of  this 
ordinance  the  Common  Council  of  the  City  of  St.  Paul,  or 
any  officer  of  said  city  who  may  hereafter  have  been,  or  shall 
hereafter  be  charged  with  that  duty,  shall  not  issue  any  li- 
cense whatever  for  the  sale  of  spirituous,  vinous,  fermented, 


209 

malt,  mixed  or  intoxicating  liquors,  lager  beer  or  cider  with- 
in the  following  described,  territory,  to-wit :  Commencing 
at  a  point  where  the  center  line  of  Canal  street,  in  said  city, 
intersects  the  northerly  boundary  of  the  right  of  way  of  the 
Chicago,  Burlington  &  Northern  Railway ;  thence  northeast- 
erly along  the  center  line  of  Plum  street  to  the  center  of 
Hastings  avenue ;  thence  easterly  along  the  center  line  of 
Hastings  avenue  to  the  center  of  Point  Douglas  Road,  so- 
called  ;  thence  southeasterly  along  the  center  line  of  said 
Point  Douglas  Road  to  the  south  line  of  section  3,  Town 
28,  Range  22  west ;  thence  west  along  said  section  line  to  the 
northerly  boundary  of  the  right  of  way  of  the  Chicago,  Bur- 
lington &  Northern  Railway :  thence  northwesterly  along 
the  northerly  boundary  of  the  right  of  way  of  said  Chicago, 
Burlington  &  Northern  Railway  to  the  place  of  beginning, 
excepting  from  the  operation  of  this  ordinance,  however,  lot 
numbered  fifteen  (15)  in  block  numbered  two  (2)  of  Mc- 
Lean's Reservation,  and  also  lots  one  (1)  and  two  (2), 
Lloyd's  Subdivision  of  block  numbered  three  (3)  of  Mc- 
kean's Reservation  to  St.  Paul,  the  same  being  the  south- 
west corner  of  Hastings  and  Earl  avenues. 
(Ord.  No.  2201,  approved  July  20,  1901,  as  amended  by  Ord. 
No.   3215,   approved   October  4,   1901.) 

578.  Same. — No  license  for  the  sale  of  wine,  beer  or 
liquors  of  any  kind  shall  be  issued  or  transferred  to  any  per- 
son or  party  authorizing  such  person  or  party  to  sell  any 
liquor,  wine  or  beer,  at  any  place  in  that  portion  of- the  City 
of  St.  Paul  bounded  as  Eollows,  viz:  Commencing  at  the 
corner  of  Nelson  avenue  and  Summit  avenue,  in  the  said 
city;  thence  westerly  along  the  center  line  of  Nelson  avenue 
to  Western  avenue;  tinner  northerly  along  the  center  line 
of  Western  avenue  to  Marshall  avenue;  thence  westerly 
along  the  center  line  of  Marshall  avenue  to  Lexington  ave- 
nue; thence  southerly  along  the  center  line  of  Lexington 
avenue  to  Pleasant  avenue;  thence  easterly  along  the  center 
line  of  Pleasant  avenue  to  Third  street;  thence  northerl} 
along  the  center  line  of  Third  street  to  Summit  avenue; 
them  :ly   along   Summit   avenue  to  the  point   of  com- 

mencement,   at    the    corner   of    Summit    avenue    and    Nelson 


210 

avenue,  excepting  Lots  one  (1)  and  two  (2)  in  Block  sev- 
enty-eight  (78)  of  Dayton  and  Irvine's  Addition  to  said 
City  of  St.  Paul. 

I.   No.   603,  approved  Dec.  29,  1885,  §  1,  as  amended  by 
Ord.   No.  2242,  approved  Jan.  9,  1902.) 

579.  Same. — That  from  and  after  the  publication  of  this 
ordinance  the  common  council  of  the  City  of  St.  Paul,  or 
any  officer  of  said  city  who  may  heretofore  have  been  or 
shall  hereafter  be  charged  with  that  duty,  shall  not  issue  any 
license  whatever  for  the  sale  of  spirituous,  vinous,  fermented, 
malt,  mixed,  or  intoxicating  liquors,  wine,  lager  beer,  or  cider 
within  the  following  described  territory,  to-wit:  Begin- 
ning at  the  intersection  of  the  easterly  line  of  Ohio  street  and 
the  northerly  line  of  Annapolis  street;  running  thence  easterly 
along  the  said  northerly  line  of  Annapolis  street  two  hun- 
dred (200)  feet ;  running  thence  northerly  and  parallel  with 
the  easterly  line  of  Ohio  street  to  Isabel  street;  running 
thence  westerly  along  Isabel  street  to  the  center  line  of  Ohio 
street;  thence  directly  north  to  the  Mississippi  river;  thence 
westerly  along  the  meandered  line  of  said  river  bank  to  a 
point  where  the  central  line  of  Chippewa  avenue  if  extended 
directly  north  would  intersect  said  Mississippi  River ;  thence 
directly  south  to  a  point  on  the  central  line  of  said  Chip- 
pewa avenue ;  thence  along  the  central  line  of  said  Chippewa 
avenue  to  said  Annapolis  street ;  thence  easterly  along  said 
Annapolis  street  to  the  point  of  beginning, 

580.  Same. — That  from  and  after  the  passage,  approval 
and  publication  of  this  ordinance  no  license  shall  be  issued 
or  transferred  to  any  person  for  the  sale  of  spirituous,  vinous, 
fermented,  malted,  mixed  or  intoxicating  liquors,  or  of  wine, 
beer  or  cider  within  the  following  described  territory,  to-wit : 
Commencing  at  the  south  end  of  the  Wabasha  street  bridge, 
thence  south  to  Fillmore  avenue,  thence  west  to  Hyde  ave- 
nue, and  thence  north  to  the  Mississippi  river,  and  thence 
east  along  the  line  of  the  south  bank  of  said  river  to  the 
place  of  beginning;  excepting,  however,  from  the  operation 
of  this  ordinance  that  certain  tract  of  land  in  the  City  of  St. 
Paul,  Ramsey  County,  Minnesota,  to-wit:     Lot  number  one 


211 

(1)  in  Block  number  one  hundred  eighty-two  (182)  of  Rob- 
ertson's Addition  to  West  St.  Paul,  according  to  the  plat 
thereof  on  file  in  the  office  of  the  Register  of  Deeds  of  said 
Ramsey  County. 

That  from  and  after  the  publication  of  this  ordinance, 
the  Common  Council  of  the  City  of  St.  Paul,  or  any  officer 
of  said  city  who  may  heretofore  have  been  or  shall  hereafter 
be  charged  with  that  duty,  shall  not  issue  any  license  what- 
ever for  the  sale  of  spirituous,  vinous,  fermented,  malt,  mixed 
or  intoxicating  liquors,  lager  beer  or  cider,  within  the  follow- 
ing described  territory,  to-wit:  Commencing  at  a  point  where 
the  center  line  of  South  Robert  street,  in  said  City,  intersects 
the  center  line  of  Wood  street ;  thence  southerly  along  the 
center  line  of  said  South  Robert  street  to  a  point  where 
the  same  intersects  the  center  line  of  Isabel  street ;  thence 
westerly  along  the  center  line  of  said  Isabel  street  to  a  point 
where  the  same  intersects  the  center  line  of  Starkey  street; 
thence  northerly  along  the  center  line  of  Starkey  street  to 
the  center  line  of  Wood  street  extended ;  thence  easterly 
along  the  center  line  of  Wood  street  to  the  place  of  begin- 
ning. 

(Orel.  No.  1688,  approved  June  22,  1893,  §  1,  as  amended  by 

Ord.  No.  2138,  app/oved  Sept.  13,  1900,  as  amended 

by  Ord.  No.  2268,  approved  Mar.  8,  1892, 

as  amended    by    Ord.  No.    2286, 

approved  May  24,  1892.) 

581.  Same. — That  from  and  after  the  publication  of  tin's 
ordinance  the  common  council  of  the  City  of  St.  Paul,  or  any 
officer  of  said  city  who  may  heretofore  have  been  or  shall 
hereafter  be  charged  with  that  duty,  shall  nol  issue  any  li- 
cense whatever  for  the  sale  of  spirituous,  vinous,  Fermented, 
malt,  mixed  or  intoxicating  liquors,  lager  beer,  or  eider  within 
tin-  following  described  territory,  to-wit:  Commencing  at  the 
northwesl  corner  of  the  northeasl  quarter  ('  [)  of  section 
twenty-two  (22),  town  twenty-nine  (29),  range  twenty-three 
west,  in  Ramsey  County,  Minnesota;  thence  due  south 
to  the  northern  boundary  line  of  the  righl  of  way  of  the 
St.  Paul  &  Northern  Pacific  Railroad  company;  thence  due 
east  to  the  center  of  Lexington  avenue;  thence  south  along 


212 

the  center  of  Lexington  avenue  to  the  center  of  Hatch  street; 
thence  east  along  the  center  of  Hatch  street  to  the  center  of 
Churchill  avenue;  thence  south  along  the  center  of  Churchill 
avenue  to  the  center  of  Front  street;  thence  east  along  the 
center  of  Front  street  to  the  center  of  Dale  street;  thence 
north  along  the  center  of  Dale  street  to  the  northerly  city- 
limits  :  thence  west  along  the  northerly  city  limits  to  the 
place  of  beginning. 

(Ord.  No.  1694,  approved  July  13,  1893,  §  1.) 

582.  Same. — That  from  and  after  the  publication  of  this 
ordinance  the  common  council  of  the  City  of  St.  Paid,  or  any 
officer  of  said  city  who  may  be  charged  with  that  duty,  shall 
riot  issue  any  license  whatever  for  the  sale  of  spirituous, 
vinous,  fermented,  malt,  mixed  or  intoxicating  liquors,  lager 
beer  or  cider,  within  that  portion  of  the  City  of  St.  Paul, 
lying  west  of  Lexington  avenue  and  west  of  such  avenue  if 
produced  to  the  north  and  south  city  limits,  or  within  that 
portion  of  the  city  bounded  on  the  west  by  Lexington  ave- 
nue, and  on  the  south  by  the  right  of  way  of  the  St.  Paul, 
Minneapolis  &  Manitoba  Railway  company,  on  the  east 
by  Dale  street  and  on  the  north  by  the  right  of  way  of  the 
St.  Paul  &  Northern  Pacific  Railroad  company,  excepting 
from  the  operation  of  this  ordinance,  nowever,  the  south  half 
(y2)  of  section  twenty-one  (21),  township  twenty-eight  (28), 
north  of  range  twenty-three  (23)  west,  in  St.  Paul,  Minne- 
sota,  and  excepting  also  all  property  fronting  on  or  south  of 
West  Seventh  street  in  said  City. 

(Ord.  No.  1732,  approved  Feb.  20,  1894,  §  1.) 

583.  Same. — That  from  and  after  the  publication  of  this 
ordinance  the  common  council  of  the  City  of  St.  Paul,  or 
any  officer  of  said  city  who  may  be  charged  with  that  duty, 
shall  not  issue  any  license  whatever  for  the  sale  of  spiritu- 
ous, vinous,  fermented,  malt,  mixed  or  intoxicating  liquors, 
lager  beer,  or  cider,  within  the  following  described  territory, 
to-wit:  Beginning  at  the  point  of  intersection  of  the  center 
line  of  Edgerton  street  within  the  north  city  limits;  thence 
south  on  the  center  line  of  Edgerton  street  to  Jessamine 
street ;  thence  east  on  the  center  line  of  Jessamine  street  to 


213 

Mendota  street;  thence  south  on  the  center  line  of  Mendota 
street  to  Case  street;  thence  east  on  the  center  line  of  Case 
street  and  along  the  line  of  the  same  if  extended  to  the  east- 
ern limits  of  said  city;  thence  north  along  the  eastern  boun- 
dary of  said  city  to  the  northeast  corner  of  said  city ;  thence 
west  on  the  northern  boundary  line  of  said  city  to  the  point 
of  beginning. 

(Orel.  No.  1741,  approved  March  8,  1894,  §  1.) 

584.  An  Ordinance  regulating  places  or  premises  in  which 

the  sale  of  intoxicating  liquors  is  licensed,  and  for- 
bidding the  presence  of  minors  in  or  about  said 
premises. 

The  Common  Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Section  1.  It  is  hereby  declared  unlawful  for  any  person 
that  now  is  or  may  hereafter  be  licensed  to  ^ell  intoxicating 
liquors  within  the  corporate  limits  of  the  City  of  St.  Paul  to 
permit  or  suffer  any  minor  child  not  accompanied  by  its  pa- 
rents or  one  of  them,  to  be  or  remain  in  any  place  or  room 
where  the  sale  of  intoxicating  liquors  is  or  may  be  licensed 
under  the  provisions  of  any  law  or  ordinance. 

585.  Section  2.  Penalty. — Any  person  who  now  is  or 
hereafter  shall  be  licensed  to  sell  intoxicating  liquors  at  any 
place  or  in  any  room  within  the  corporate  limits  of  the  City 
of  St.  Paul,  who  shall,  either  by  himself,  his  agents  or  em- 
ployes, suffer  or  permit  any  minor  child  not  accompanied  by 
it-,  parents  or  one  of  them  to  be  or  remain  in  any  place  or  ifi 
any  room  where  the  sale  of  intoxicating  1  i < 1 1 1 < > r s  is  or  may  be 
so  licensed,  shall,  upon  conviction  thereof  in  the  Municipal 
Courl  . > T  the  City  of  Si.  Paul,  be  punished  by  a  fine  of  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars,  or  by 
imprisonmenl  in  tin-  workhouse  of  the  citj  of  St.  Paul  for  not 

'  lian   ten   nor  more   than    ninety  days. 

Section   .1.     This   ordinance   shall    lake   effeel    ami   he   in 
force  from  and  after  its  passage,  approval  and  publication. 
f  »nl.  \'o.  8185,  approved   May  <;.   L901.) 


214 

586.  An  Ordinance  prohibiting    the    sale    of    intoxicating 

liquors  to  minors. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 

follow  s : 

Section  1.  It  shall  be  unlawful  for  any  person  to  sell, 
give  away,  barter,  furnish  or  dispose  of  in  the  City  of  St. 
Paul,  in  any  manner  either  directly  or  indirectly,  or  by  agent, 
employe  or  otherwise,  any  spirituous,  vinous,  malt  or  fer- 
mented liquors  in  any  quantity,  or  for  any  purpose  whatever, 
to  any  minor  person  for  the  use  of  said  minor  person  or  for 
the  use  of  any  other  person,  and  any  person  violating  any  of 
the  foregoing  provisions  of  this  section  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  before  the  Mu- 
nicipal Court  of  the  City  of  St.  Paul,  shall  be  punished  by  a 
fine  of  not  less  than  $25.00  nor  more  than  $100.00,  or  by  im- 
prisonment in  the  St.  Paul  Workhouse  for  not  less  than  fif- 
teen   nor  more  than  ninety  days. 

587.  Section  2.  Penalty. — It  is  hereby  declared  unlawful 
for  any  person  that  now  is,  or  may  hereafter  be  licensed  to 
sell  intoxicating  liquors  in  the  City  of  St.  Paul,  to  permit  or 
suffer  any  minor  child  to  be  or  remain  in  any  place  or  upon 
any  premises  where  the  sale  of  intoxicating  liquors  shall  be 
licensed  under  the  provisions  of  any  law  or  ordinance,  and 
any  person  who  is  or  shall  be  licensed  to  sell  intoxicating 
liquors 'at  any  place  or  upon  any  premises  within  the  City 
of  St.  Paul,  and  who  shall  either  by  himself,  his  agents,  ser- 
vants or  employes  suffer  or  permit  any  minor  child  to  be  or. 
remain  at  the  place  or  upon  the  premises  where  the  sale  of 
intoxicating  liquors  is  so  licensed,  shall,  on  conviction  there- 
of before  the  Municipal  Court  of  the  City  of  St.  Paul,  be 
punished  by  a  fine  of  not  less  than  $25.00,  nor  more  than 
$100.00,  or  by  imprisonment  in  the  St.  Paul  Workhouse  for 
not  less  than  fifteen  nor  more  than  ninety  days. 

Section  3.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 

(Ordinance  No.  1879,  approved  June  20,  1896.) 


215 

588.  An  Ordinance  prohibiting  the  issue  of  saloon  licenses 

within  certain  territory. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 

follows : 

Section  1.  That  from  and  after  the  publication  of  this 
ordinance  the  Common  Council  of  the  City  of  St.  Paul,  or 
any  officer  of  said  city  who  may  heretofore  have  been  or  shall 
hereafter  be  charged  with  that  duty,  shall  not  issue  any  li- 
cense whatever  for  the  sale  of  spirituous,  vinous,  fermented, 
malt,  mixed  or  intoxicating  liquors,  lager  beer  or  cider,  with- 
in the  following  described  territory,  to-wit:  All  that  part  of 
the  City  of  St.  Paul  included  within  the  following  described 
territory :  Beginning  at  the  corner  of  Marshall  avenue  and 
Lexington  avenue  in  said  city,  thence  east  on  Marshall  to  Dale 
street,  thence  north  on  Dale  to  Aurora  avenue,  thence  west  on 
Aurora  to  Lexington  avenue,  thence  south  on  Lexington  ave- 
nue to  place  of  beginning. 

Section  2.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  publication. 

(Ordinance  No.  1953,  approved  Sept.  4,  1897.) 

589.  An  Ordinance  prohibiting  wine  rooms,  inclosures  or 

private    apartments   in    places    where    intoxicating 

liquors  are  sold. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  That  no  person  operating,  maintaining  or  con- 
ducting a  saloon,  dramshop  or  other  place  in  which  malt, 
vinous  or  intoxicating  liquors  of  any  kind  whatsoever  are 
sold,  given  away  or  otherwise  dealt  in,  within  the  limits  of 
the  City  of  St.  Paul,  shall  establish  or  maintain  in  connec- 
tion with  such  saloon,  dramshop  or  other  place,  either  as  a 
part  thereof  or  as  an  adjunct  thereto,  any  wine  room  or 
private  apartment,  the  interior  of  which  is  shut  off  from  the 
general  public  view  by  doors,  curtains,  screens,  partitions  or 
other  device  of  any  kind  whatsoever. 

590.  Sec.   2.     Restaurants,   cafes,   etc. — No   person   operat- 
ing,  maintaining   or   conducting   a    restaurant,   cafe,    dining 

room,   ordinary   or   victualing  place   within    the   limits   of   the' 


316 

City  of  St.  Paul  shall  serve  or  permit  to  be  served  any  malt, 
vinous  or  intoxicating  liquors  of  any  kind  whatsoever  in  any 
private  apartment  which  may  be  maintained  as  a  part  of  or 
an  adjunct  to  such  restaurant,  cafe,  dining  room,  ordinary 
or  victualing  place,  to  any  number  of  persons  less  than  four, 
unless  all  the  members  of  such  party  numbering  less  than 
four  be  of  the  same  sex. 

591.  Sec.  3.  Penalty. — Any  person  who  shall  violate  any 
oi  the  provisions  of  this  ordinance,  upon  conviction  thereof, 
shall  be  fined  not  less  than  ten  nor  more  than  one  hundred 
dollars,  or,  in  lieu  thereof,  shall  be  imprisoned  in  the  work- 
house of  the  City  of  St.  Paul  for  not  less  than  ten  or  more 
than  ninety  days;  and  if  any  person  holding  a  license  for  the 
sale  of  intoxicating  liquors  issued  by  or  under  the  direction 
of  the  City  of  St.  Paul,  shall  be  convicted  a  second  time  of 
violating  any  of  the  provisions  of  this  ordinance,  the  court 
before  which  such  conviction  is  had  shall  thereupon  revoke 
such  license,  and  no  person  whose  license  shall  be  so  revoked 
shall  be  again  licensed  to  sell  intoxicating  liquors  within  the 
limits  of  the  City  of  St.  Paul  for  the  period  of  one  year  from 
"and  after  such  revocation. 

Sec.    4.     This    ordinance    shall    take    effect    and    be    in 
force  from  and  after  its  passage  and  publication. 

•  I  Irdinance  No.  2264,  approved  February  24,  1902.) 

INTELLIGENCE        AND      EMPLOYMENT      OFFICES 
AND   RAILROAD   TICKET  BROKERS. 

592.  Must  be  licensed. — Xo  person,  firm,  corporation  or 
association  of  individuals  shall  hereafter  be  engaged  in  con- 
ducting, carrying  on  or  be  employed  in  the  business  of  in- 
telligence or  employment  agent,  or  the  management  of  any 
intelligence  or  employment  office,  either  for  males  or  females, 
or  railroad  ticket  broker  or  agent,  within  the  corporate  lim- 
its of  the  City  of  St.  Paul,  without  first  having  obtained  a 
license  therefor  and  given  the  bond  as  in  this  ordinance  pro- 
vided. 

(Ord.  No.  1658,  approved  Feb.  7,  1800.  §  1.) 


211 

593.  Application  for  license,  to  city  clerk — Bond  to  be 
filed — Prices  of  license. — Any  person,  firm  or  corporation 
desiring  to  carry  on  said  business  shall  make  application  to 
the  city*  clerk  of  the  City  of  St.  Paul  for  license  so  to  do, 
and  shall  file  with  said  clerk  the  bond  hereinafter  provided 
for,  which  bond  shall  have  been  previously  approved  by  the 
mayor  of  said  city,  and  such  applicant  shall  pay  into  the 
treasury  of  the  City  of  St.  Paul  the  sum  hereinafter  named 
for  such  license,  which  said  sum  or  amount  for  said  license 
shall  be  as  follows :  Intelligence  or  employment  office  for 
males,  one  hundred  dollars  ($100)  ;  intelligence  or  employ- 
ment office  for  females,  twenty-five  dollars  ($25)  ;  railroad 
ticket  brokers,  one  hundred  and  fifty  dollars   ($150). 

(As  amended  by  Ord.  No.  2073,  approved  Sept.  23,  1899,  §  1.) 

(Id.  §2.) 

594.  Bond,  amount  and  conditions  of. — All  persons  ap- 
plying for  a  license  to  carry  on  the  business  of  intelligence  or 
employment  office  for  males  or  females  shall,  in  addition  to 
paying  the  license  fee  therefor  above  stated,  execute  and  de- 
liver unto  the  City  of  St.  Paul  for  the  use  of  all  persons  doing 
business  with  said  agent  or  agents,  a  bond  in  the  penal  sum  of 
two  thousand  dollars  ($2,000)  for  males  and  five  hundred  dol- 
lars ($500)  for  females,  with  two  (2)  or  more  sureties,  who 
shall  in  the  aggregate  justify  in  double  the  amount  of  such 
bond,  and  condition  for  the  payment  of  any  and  all  damages 
which  any  person  may  sustain  by  reason  of  the  improper  or 
wrongful  act  of  such  intelligence  or  employment  agent  in 
such  capacity,  or  by  reason  of  any  false  information  given  by 
such  agent. 

(Id.  §3.) 

595.  Clerk's  fee — Clerk  issue  license — Duration  of  li- 
cense— Licensee  to  keep  record — Duty  of  license  inspector 
and  chief  of  police. —  Upon  compliance  with  the  foregoing 
pro  ision  .  and  the  paymenl  o!  the  additional  sum  of  our 
dollar  ($1)  as  his  fee  for  the  issuance  of  the  same,  the  city 
clerk  shall  issue  to  said  applicant  a  license  to  carry  on  the 
business  or  employmenl  stated  in  said  application  and  here- 
inbefore   named,    within    said    city    for    the    period    of   One     (1) 


218 

year  from  and  after  the  date  of  such  application  for  a  license. 
And  all  licensees  hereunder  shall  keep  a  full  and  correct  rec- 
ord of  all  business  done  under  such  license,  which  record 
shall,  during  business  hours  of  each  day,  be  open  to  inspec- 
tion by  the  license  inspector  or  other  police  officer  detailed 
for  that  purpose,  and  it  is  hereby  made  the  duty  of  the  license 
inspector  and  the  chief  of  police  to  see  that  all  licensees  shall 
conduct  the  business  for  which  they  are  licensed  in  accord- 
ance with  law.  and  for  that  purpose  to  inspect  the  books  and 
records  of  such  business  as  often  as  may  be  necessary. 

(Id.  §4.) 

596.  Intelligence  or  employment  office  not  to  be  in  saloon 
or  in  room  or  building  connecting  therewith. — That  no  intel- 
ligence or  employment  office  or  agency  shall  be  conducted  or 
carried  on  -in  any  saloon  or  other  place  where  intoxicating 
liquors  and  beverages  are  sold,  or  in  any  room  or  building 
connecting  with  a  saloon  or  place  in  which  such  liquors  and 
beverages  are  sold. 

(Id.  §5.) 

597.  Penalty. — All  and  every  person,  firm,  corporation  or 
association  of  individuals  duly  convicted  of  having  violated 
any  of  the  terms,  requirements  or  provisions  of  this  ordinance 
shall  be  fined  in  a  sum  not  less  than  ten  dollars  ($10)  nor 
more  than  one  hundred  dollars  ($100),  or  imprisonment  not 
exceeding  ninety  (90)  days. 

'  (Id.  §6.) 

598.  Ordinances  repealed. — Any  and  all  ordinances  or 
parts  of  ordinances  inconsistent  with  this  ordinance  are  here- 
by repealed. 

(Id.  §  7.) 

LAMPS  AND  LAMP  POSTS. 

599.  Injuring  lamp  or  post,  lighting  or  extinguishing  lamp 
without  authority,  unlawful — Penalty. — Any  person  who 
shall  carelessly  or  willfully  deface,  injure  or  damage  any 
lamp  post  or  city  lamp  within  the  limits  of  said  city,  or  who 
shall,  without  authority,  extinguish  or  light  any  such  lamp, 
shall,  upon  conviction,  pay  a  fine  for  such  offense,  not  less 


219 

than  five  dollars  ($5)  nop  more  than  twenty-five  dollars 
($25). 

(Ord.  approved  Oct.  7,  1S69,  in  Article  XXXVIII.,  Municipal 
Code  1884,  §  1.     See,  also,  St.  Paul  Gas  Light  Co.) 

600.  Unlawful  to  extinguish  lamp  or  to  mar  or  remove 
lamp  or  part  thereof,  except,  etc. — Penalty. — All  persons  ex- 
cept those  hereinafter  stated  are  hereby  forbidden  to  will- 
fully extinguish  any  gas,  gasoline  or  electric  street  lamp  used 
in  lighting  any  street  or  streets,  parks  or  public  places  in  the 
City  of  St.  Paul,  and  are  also  forbidden  to  willfully  break, 
disfigure,  mar  or  remove  any  street  lamp,  or  part  of  a  street 
lamp  or  anything  appertaining  to  or  connected  with  a  street 
lamp  used  in  lighting  any  street  or  streets,  public  parks  or 
public  places  by  gasoline  light,  gas  light,  or  electricity  in 
the  city  of  St.  Paul ;  provided  only  that  this  shall  not  apply 
to  such  persons  as  are  duly  authorized  by  any  contractor 
or  contractors  having  at  the  time  under  their  charge  or  con- 
trol any  of  said  street  lamps,  or  having  the  contract  for 
lighting  any  of  said  street  lamps  above  enumerated,  nor 
shall  it  apply  to  any  person  who  is  duly  authorized  by  the 
City  of  St.  Paul  to  remove  or  deal  with  any  of  the  lamps 
or  parts  of  lamps  above  specified. 

(Ord.  No.  1797,  approved  Jan.  3,  1895.  §§  1,  2.) 

601.  Policemen  to  inspect  lamps  and  report  to  chief — 
Report  to  be  entered  in  record. — That  it  is  hereby  made  the 
duty  of  each  patrolman  of  the  police  force  of  the  City  of  St. 
Paul  to  inspect  the  street  lamps  of  the  city  within  the  dis- 
trict and  territory  included  within  the  beat  of  each  patrol- 
man, and  to  report  the  result  of  such  inspection  to  the  chief 
('i  police  daily,  in  which  report  each  patrolman  shall  state 
the  number  of  lamps  inspected  which  are  nol  in  good  con- 
dition and  the  location  of  the  same,  and  whether  the  same 
are  gas  lamps  or  gasoline  lamps,  and  such  reports  shall  he 
entered  in  the  records  kept  in  the  office  of  chief  of  police  for 
thai  purpose.  Each  patrolman  shall  also  include  in  such 
reporl  a  statemenl  of  the  number  of  lamps  thai  are  no1 
lighted  during  the  night,  and  als.»  the  cause  thereof,  so  far 
as  the  same  i  an  be  ascertained, 

ird.  No.  1682,  approved  May  L6,  1893,  §  i.i 


•'•'II 

602.  Chief  of  police  to  report  to  city  comptroller,  monthly, 
number  of  lamps  out. — All  of  the  duties  imposed  upon  the 
patrolmen  under  and  by  virtue  of  this  ordinance  shall  be 
exercised  under  the  supervision  of  and  as  directed  by  the 
chief  oi  police  of  the  City  of  St.  Paul,  and  the  chief  of  police 
shall  report  to  the  city  comptroller  on  the  first  of  each 
month  the  number  of  lamps  that  have  been  reported  out 
during  the  preceding  month,  as  shown  by  the  records  in 
the  office  of  the  chief  of  police. 

(Id.  §  2.) 

603.  Lamps  and  posts — Police  to  protect. — It  is  hereby 
made  the  special  duty  of  the  police  force  of  the  city  of  St. 
Paul  to  enforce  the  provisions  of  article  thirty-eight  (38), 
section  one  (1),  of  the  ordinances  of  the  city  of  St.  Paul, 
passed  Oct.  7,.  1869  (§  GOO.  Article  XLVIL,  Lamps  and  Lamp 
Posts'),  relating  to  the  protection  of  any  lamp  post  or  city 
lamp  in  the  limits  of  said  city  from  damage,  injury  oi  deface- 
ment by  careless  or  malicious  persons ;  also  to  guard  and 
care  for  said  lamps,  lamp  posts  and  the  appurtenances 
thereto,  and  to  arrest  summarily  any  person  or  persons  vio- 
lating the  ordinance  or  ordinances  passed  or  to  be  passed 
in   accordance   therewith. 

(Orel.  No.  594.  approved  Nov.  17,  1885,  §  1.) 

604.  Meters,  testing  of — Interference  with  meters,  penalty 

and  liability. — AYhenever  a  customer  of  gas  furnished  by  the 
St.  Paul  Gaslight  Company  shall  apply  to  the  city  clerk  to 
have  the  gas  meter  supplied  to  him,  or  her,  by  said  com- 
pany, examined  to  test  the  accuracy  of  such  meter,  the  said 
company  shall  be  forthwith  notified,  and  a  competent  person 
shall  be  chosen  by  said  city  clerk  and  the  said  company, 
who  (with  a  written  certificate  of  authority  from  said  clerk, 
and  not  otherwise),  shall  proceed  and  examine  and  test  such 
customer's  meter,  and  if  said  meter  is  shown  to  register  too 
much.  then,  and  in  that  case,  said  meter  shall  be  taken  out 
and  made  to  register  correctly,  or  replaced  by  a  new  and 
accurate  meter,  and  the  expense  of  said  examination  and 
test  shall  be  paid  by  said  company ;  but  in  case  such  meter 
is  shown  to  be  substantially  correct  in  its  registry,  then  the 


221 

expense  aforesaid  shall  be  paid  by  the  customer  requesting 
the  examination  and  test  to  be  made.  Any  person  or  per- 
sons not  duly  authorized  by  said  company,  who  shall  dis- 
connect or  otherwise  interfere  in  any  manner  with  any  meter 
or  meters  furnished  by  said  company  to  customers,  and  any 
customer  or  customers  of  gas  who  shall  consent  to  such  dis- 
connection or  other  interference  without  the  previous  con- 
sent being  obtained  from  said  company  shall  upon  convic- 
tion pay  a  fine  for  such  offense  not  less  than  five  dollars 
($5)  nor  more  than  twenty-five  dollars  ($25),  and  shall  be 
further  liable  for  any  injury  or  loss  sustained  by  said  com- 
pany by  reason  of  such  disconnection  or  other  interference. 

605.  Poles,  wires,  etc.,  of  electric  light  companies — Inter- 
ference with — Penalty  and  liability. — It  shall  be  unlawful 
for  any  person  or  persons  to  cut  or  otherwise  damage  or 
interfere  with  the  poles,  wires  or  other  property  of  any  com- 
pany or  corporation  duly  authorized  to  manufacture  and 
furnish  electric  light  to  the  City  of  St.  Paul,  or  to  the  citizens 
or  residents  thereof  in  cases  where  such  poles,  wires  or 
other  property  have  been  lawfully  located  and  placed  where 
they  shall  be  found  at  the  time  of  such  interference,  and  any 
person  or  persons  who  shall  carelessly  or  maliciously  cut 
or  otherwise  damage  or  interfere  with  the  poles,  wires  or 
other  property  of  any  such  company  or  corporation  so  law- 
fully located  or  placed,  shall  pay  a  fine  for  each  offense  of 
not  less  than  twenty-five  dollars  ($25)  nor  more  than  one 
hundred  dollars  ($100),  and  shall  be  further  liable  for  any 
loss  or  injury  sustained  thereby  by  any  such  company  or 
c<  >rporati<  >n. 

(Id.  §  8.) 

LEVEES,  PUBLIC. 

606.  Penalty  for  allowing  wood,  hay  or  other  thing  to 
remain  on  public  levee,  how  long  after  having  been  landed. — 
Any  person  or  persons  who  shall  suffer  any   wood,  lumber, 

or    hay,    lime    or    anything    whatsoever,    to    remain    upon    any 

of  the  public  levees  of  the  city  for  a  longer  period  than  forty 

eighl    Mm   hours  after  tin-  same  shnll   have  been    landed   from 

any  railroad,  steamboat,  barge,  or  raft,  shall,  upon  conviction 


g«2 

thereof,  lie  lined  not  less  than  ten  dollars  ($10)  nor  more 
than  one   hundred  dollars    ($100.). 

i  Mun.  Code  of  18Si  and  Compilation  of  1896.) 

607.  Steamboats,  etc.,  not  to  be  loaded  or  unloaded  at 
levee,  etc.,  on  Sunday — Penalty. — That  it  shall  not  be  lawful 
for  the  owner,  agent,  or  any  other  person  having  the  charge 
or  control  of  any  steamboat,  boat,  barge,  or  other  vessel,  to 
receive  upon  or  discharge,  or  unload,  or  cause  or  permit  to 
be  received  upon,  discharged,  or  unloaded,  from  such  steam- 
boat, boat,  or  vessel,  any  freight  or  loading  at  any  levee, 
wharf,  or  landing,  within  the  corporate  limits  of  the  city  of 
St.   Paul,  on   Sunday. 

(Id.) 

608.  Penalty. — Any  person  violating  any  provision  of 
this  ordinance  shall,  on  conviction  thereof,  be  punished  by 
a  fine  not  exceeding  one  hundred  dollars  ($100)  and  not  less 
than   twenty-five   dollars    ($25). 

(Id.) 

609.  Privileges,  Sixth  ward  levee  (to  expire  not  later 
than  July  1,  1916.) — Whereas,  the  common  council  of  the 
City  of  St.  Paul  has  by  various  ordinances  granted  rights 
and  privileges  to  different  parties  to  use  portions  of  the 
Sixth  ward  levee  in  the  City  of  St.  Paul,  which  ordinances 
are  for  different  periods  of  time ;  and  it  is  the  opinion  of  the 
council  that  the  rights  and  privileges  granted  in  said  levee 
should  be  made  to  terminate  as  near  as  possible,  and  about 
the  same  time ;  and  that  the  ordinances  granted  for  the 
longest  period  of  time  will  terminate,  according  to  the  pro- 
visions of  said  ordinance,   during  the   year  1916. 

Xow,  therefore,  the  common  council  of  the  city  of  St 
Paul   do  ordain   as   follows: 

That  all  rights  and  privileges  hereafter  granted  by  ordi- 
nance to  any  party  to  use  any  portion  of  the  Sixth  ward 
levee,  in  the  City  of  St.  Paul,  shall  be  drawn  and  drafted  so 
that  the  rights  and  privileges  acquired  thereunder  by  the 
grantee  shall  expire  at  a  date  not  later  than  the  first  day  of 
July,   1916. 

(Ord.  No.  1539,  approved  Oct.  6,  1891,  preamble  and  §  1.) 


223 

LICENSES,  INSPECTOR  OF  LICENSES,  STEAMSHIP 
TICKET  SELLERS,  DIME  MUSEUMS,  ROLLER 
SKATING  RINKS,  THEATERS,  MENAGERIES. 

610.  License  costing  more  than  five  dollars,  duration  of— 
Proportionate  payment,  when. — All  licenses,  except  for  the 
sale  of  intoxicating  liquors,  which  are  hereafter  issued  under 
and  pursuant  to  any  ordinance  of  the  City  of  St.  Paul,  Min- 
nesota, where  an  annual  fee  of  more  than  five  dollars  ($5) 
is  prescribed  and  charged  therefor,  shall  be  issued  for  the 
period  from  the  date  of  the  application  therefor  to  the 
thirty-first  day  of  December  next  succeeding,  and  shall  all 
expire  on  the  thirty-first  day  of  December  next  after  their 
issuance  ;  provided,  however,  that  whenever  any  such  appli- 
cation for  a  license  is  made  after  the  first  of  January  of  any 
year,  such  applicant  shall,  upon  compliance  with  all  other 
requirements  of  said  ordinances,  be  entitled  to  receive  a 
license  for  the  remainder  of  such  year  upon  payment,  in 
advance,  of  one  three  hundred  and  sixty-fifth  (1-365)  part 
of  such  annual  license  fee,  for  each  day  from  the  date  of 
such  application  to  the  end  of  the  year. 

(Ord.  No.  1587,  approved  March  8.  1892,  §  1.) 

611.  Ordinances  re-enacted. — Save  as  amended  and  modi- 
fied by  this  ordinance,  ordinance  number  seven  hundred  and 
sixty-six  (766),  entitled  "An  Ordinance  to  provide  for  the 
licensing,  regulation,  and  control  of  intelligence  and  employ- 
ment agents  and  railroad  ticket  agents,"  approved  April  21, 
1887,  and  all  other  ordinances  of  said  city  providing  for  the 
licensing,  regulation,  or  control  of  persons,  pursuits,  or 
occupations  of  any  kind  or  class,  are  hereby  re-enacted  and 
in   all   things  ratified   and   confirmed. 

(Id.  §2.     See,  also,  "Intelligence    Offices,"    Ordinance     L868, 
superseding  Ord.  766.) 

612.  Applicant  for  license  to  make  affidavit. — Thai  each 
m   hereafter  applying  for  and   taking  oul    a   license   for 

any  business,   trade,  calling  or  occupation   within   said   city 

shall  make  and  file  an  affidavit  with  the  city  clerk,  as  part 
of  his  application,  wherein  he  shall  stale,  under  Math,  whether 
or  not  he  has,  at  the  time  of   making   such   application,   en- 


224 

gaged  in  the  business  for  which  he  seeks  a  license,  and  the 
license  issued  shall  bear  date  as  of  the  time  when  he  com- 
menced such  business. 

(Id.) 

613.  Inspector  of  license — To  be  detailed  from  police  force 
— Compensation. — That  hereafter,  as  at  present,  one  member 
of  the  police  force  shall  be  detailed  by  the  mayor  as  inspector 
of  licenses,  whose  compensation  from  and  after  Aug.  1,  1892, 
shall  be  at  the  rate  of  $1,200  per  annum,  payable  monthly  out 
of  the  police  department  fund,  and  the  person  so  detailed 
shall  be  placed  on  the  police  pay  roll  at  that  rate. 

(Ord.  No.  1636,  approved  Nov.  1,  1892,  §  1.) 

614.  Steamship  ticket  sellers,  dime  museums,  roller  skat- 
ing rinks — License. — All  persons  engaged  in  any  of  the  here- 
inafter named  employments,  business,  or  occupations  shall 
pay  annually  into  the  city  treasury  of  said  city  the  sums 
hereinafter  named  as  a  license  to  carry  on  said  employments, 
business,  or  occupation  in  the  manner  and  at  the  time  as 
now  provided  by  ordinances,  viz. : 

Steamship   ticket   seller $100.00 

Dime  museums,  each   75.00 

(Ord.  No.  601,  approved  Dec.  15,  1885,  §  1.     See,  also,  "Roller 
Skating  Rinks"  and  "Theaters.") 

LOITERING  (MINORS). 
Ordinance  No.  2035. 

(Approved  March  17,  1899.) 

615.  An    Ordinance     prohibiting     persons     under     sixteen 

years  of  age  from  being,  loitering  or  remaining  on 
the  public  streets,  alleys  or  other  public  places  in 
the  city  of  St.  Paul  between  certain  hours,  and  pre- 
scribing penalties  for  the  violation  thereof. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  It  shall  be  unlawful  for  any  person  under  six- 
teen years  of  age  to  be,  loiter  or  remain  in  or  upon  any  of 
the  streets,  alleys  or  public  places  in  the  City  of  St.  Paul  at 


night,  from  the  first  day  of  March  to  the  thirty-first  day  of 

August,  inclusive,  of  each  year,  between  the  hours  of  nine 
(9)  o'clock  p.  m.  and  five  o'clock  a.  m..  and  from  the  first 
dav  of  September  to  the  last  day  of  February,  inclusive,  of 
each  year,  between  the  hours  of  eight-thirty  (8:30)  o'clock 
p.  m.  and  five  (5)  o'clock  a.  m.  Provided,  however,  that 
this  ordinance  shall  not  apply  to  any  person  accompanied 
by  parent  or  'guardian,  or  other  proper  legal  custodian,  or 
to  any  person  engaged  or  employed  in  any  lawful  business 
or  occupation  requiring  him  to  be  in  or  upon  the  streets, 
alleys  or  other  public  place  or  thoroughfare  of  the  City  of 
St.  Paul,  or  to  any  person  going  to  or  from  such  business 
or  occupation,  or  to  persons  having  a  written  order  or  per- 
mit from  parents  or  guardians  or  other  proper  legal  custo- 
dians, dated  as  of  the  date  when  found  in  or  upon  such  streets, 
alleys,  public  grounds  or  thoroughfares,  or  to  persons  in  the 
performance  of  an  errand  or  duty  directed  by  such  parent, 
guardian  or  other  proper  legal  custodian. 

616.  Sec.  2.  Persons  under  sixteen  years  of  age. — It  shall 
be  unlawful  for  any  parent,  guardian  or  other  person  hav- 
ing the  legal  care  and  custody  of  any  person  under  sixteen 
years  of  age  to  allow  or  permit  any  such  child,  ward 
or  other  person  under  such  age  to  go  or  be,  or  loiter,  or 
remain  in  or  upon  any  of  the  streets,  alleys  or  public  places 
in  the  city  of  St.  Paul  within  and  between  the  hours  named 
and  prohibited  in  section  one  of  this  ordinance,  unless  there 
exists  a  reasonable  necessity  therefor. 

617.  Sec.  3.  Duty  of  police. — Each  police  officer  in  the 
City  of  St.  Paul  is  hereby  authorized  and  directed  to  arrest, 
without   warrant,  any   person   violating  the   provisions  of   sec 

1  i' hi  one  of  this  ordinance,  but  no  person  so  arrested  shall 
be  placed  in  confinement  until  his  parent,  guardian  or  other 
proper  legal  custodian  shall  have  been  notified  of  such  arrest, 
and  shall  have  refused  to  insure  or  compel  an  obedience  by 
such  person  so  arrested  of  the  provisions  of  this  ordinance. 

618.  Sec.   4.     Penalty. — Any    person    violating    the    provi- 
of  section  two  of  this  ordinance  shall,  upon  conviction 

thereof,  in  the  municipal  court  of  the  City  of  St.   Paul,  be 


subject  to  a  fine  of  not  less  than  five  ($5)  dollars  nor  more 
than  twenty  ($20)  dollars,  or  by  imprisonment  in  the  work- 
house of  the  city  of  St.  Paul  for  not  more  than  twenty  (20) 
days,  or  by  both,  for  each  offense. 

619.  Sec.  5.  Duty  of  police  judge. — It  shall  be  the  duty 
of  the  judge  of  the  municipal  court  of  the  City  of  St.  Paul, 
upon  the  arrest  of  any  person  under  sixteen  years  of  age 
for  the  violation  of  the  provisions  of  section  one  of  this  ordi- 
nance, to  inquire  into  the  facts  of  said  arrest  and  the  condi- 
tion and  circumstances  of  such  person  so  arrested,  and  if 
it  shall  appear  that  such  person  so  arrested,  for  want  of 
proper  parental  care  or  other  control  by  guardian  or  other 
proper  legal  custodian,  is  growing  up  in  mendicancy  or 
vagrancy,  or  is,  or  is  becoming  incorrigible,  to  cause  the 
proper  proceedings  to  be  had  and  taken,  as  authorized  and 
provided  by  law  in  such  cases. 

This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage,  approval  and  publication. 


LUMBER  YARDS. 
Ordinance  No.  2436. 

(Approved  March  19,  1904.) 

620.  An  Ordinance  relating  to    lumber    yards    and    wood 

yards. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 

follows : 

Sec.  1.  That  hereafter  no  person,  company  or  corpora- 
tion shall  establish,  maintain  and  conduct  any  lumber  yard 
or  wood  yard  within  one  hundred  and  fifty  feet  of  any  inhab- 
ited portion  of  any  residence  district,  without  first  securing 
the  consent  and  permission  of  the  common  council  so  to  do. 

621.  Sec.  2.  Penalty. — Any  person  who  shall  violate  any 
of  the  provisions  of  this  ordinance  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  punished 
by  a  fine  not  exceeding  one  hundred  dollars  ($100)  for 
each  and  every  offense,  and  each  day  the  same  is  so  main- 


227 

tained  and  conducted  in  violation  of  this  ordinance  shall  be 
a  separate  offense. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

LUNCH  WAGONS. 

Ordinance  No.  1955. 

(Approved  September  18,  1897.) 

622.  An  Ordinance  to  license  persons  engaged  in  the  busi- 

ness of  furnishing   meals  and  lunches  from   lunch 
wagons  upon  the  streets  of  the  city. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  No  person  shall  engage  in  the  business  of  fur- 
nishing meals,  lunches  or  other  articles  of  food  for  pay,  from 
lunch  wagons,  or  any  other  kind  of  a  vehicle,  upon  the 
streets  of  the  City  of  St.  Paul,  without  having  obtained  a 
license  so  to  do,  as  herein  specified. 

623.  Sec.  2.  License  fees. — The  fee  for  a  license  to 
engage  in  the  business  specified  in  section  1  of  this  ordi- 
nance is  hereby  fixed  and  established  at  the  sum  of  fifty 
(50)  dollars  for  each  wagon  or  other  vehicle  used  in  such 
business,  which  fee  shall  be  paid  into  the  city  treasury  of 
the  City  Of  St.  Paul,  for  which  the  city  treasurer  shall  issue 
a  receipt,  and  the  party  desiring  to  secure  such  a  license 
shall  file  the  receipt  so 'issued,  together  with  his  application 
for  a  license  with  the  city  clerk  of  said  city,  and  said  clerk 
shall  issue  to  tin-  person  paying  said  sum  a  license  f"r  the 
term  of  one  year,  to  engage  in  such  business  using  one 
vehicle  therefor,  and  when  such  license  shall  have  been  issued 
to  any  person  as  above  specified,  such  license  shall  authorize 
the  person  therein  named  to  locate  such  lunch  wagon  as 
the  licensee  designates,  on  any  of  the  public  streets  in  the 
I  of  St.  Paul,  provided  that  such  wagon  must  he  so  located 
as  to  cause  no  obstruction  or  nuisance  on  any  such  sheet, 
and  provided  further  that  no  wagon  shall  be  located  within 
one    hundred    feet    of    any    restaurant,    lunch    "i"    eating    h<Mis< 


228 

in  said  city  while  said  restaurant,  lunch  or  eating  house  is 
open  and   doing  business. 

624.  Sec.  3.  License  for  each  vehicle. — Any  person  desir- 
ing to  use  more  than  one  vehicle  in  engaging  in  such  busi- 
ness shall  secure  a  license  for  each  vehicle  used  by  him  in 
such  business;  each  license  issued  pursuant  to  the  terms  of 
this  ordinance  shall  entitle  the  person  receiving  the  same 
to  engage  in  the  business  specified  in  section  one  of  this 
ordinance,  but  no  person  shall  be  entitled  to  use  more  than 
one  wagon  or  vehicle  under  any  one  license. 

625.  Sec.  4.  Penalty. — Every  person  who  shall  engage 
in  the  business  specified  in  section  one  of  this  ordinance 
without  having  obtained  a  license  so  to  do,  or  who  shall 
use  any  vehicle  in  engaging  in  such  business  for  which  a 
license  has  not  been  issued,  as  in  this  ordinance  provided, 
or  who  shall  cause  any  obstruction  or  nuisance  upon  any 
of  the  public  streets  of  this  city  with  any  such  lunch  w-agon, 
or  who  shall  furnish  from  any  such  lunch  wagon  any  meals, 
lunches  or  other  articles  of  food  at  any  point  or  place  within 
one  hundred  (100)  feet  of  any  restaurant,  lunch  or  eating 
house  in  said  city,  while  such  restaurant,  lunch  or  eating 
house  is  open  and  doing  business,  shall,  upon  conviction 
thereof  before  the  municipal  court  of  the  city  of  St.  Paul, 
be  fined  in  the  sum  of  not  less  than  ten  (10)  dollars  nor  more 
than  fifty  (50)  dollars,  or  by  imprisonment  in  the  St.  Paul 
workhouse  for  a  period   not  to  exceed  sixty  days. 

Sec.  5.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 


229 

MARKETS— MARKET   MASTER. 

Ordinance  No..  2216. 

(Approved  Oct.  17,  1901.) 

626.  An  Ordinance  declaring  and  establishing  the  central 

public  market  of  the  city  of  St.  Paul  upon  Con- 
Stan's  addition  to  the  city  of  St.  Paul,  declaring 
rules  and  regulations  for  the  government  of  said 
market  and  providing  for  the  appointment  of  a 
market  master. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  That  tract  of  land  known  and  described  as  Con- 
Stan's  addition  to  tlie  city  of  St.  Paul,  and  part  of  the  "Jac^" 
son  street  market"  site,  so-called,  is,  together  with  such  ex- 
tensions as  may  hereafter  be  added  thereto,  herein  and 
hereby  designated  and  established  as  the  central  public 
market  of  said  city,  for  the  barter  and  sale  of  meats,  fish, 
vegetables,  fruits,  garden  truck,  or  any  article  of  farm 
produce,  subject  to  all  the  regulations  and  provisions  of  this 
ordinance. 

627.  Sec.  2.  Old  sites  discontinued. — The  use  of  any 
streets,  parts  of  streets,  or  other  public  grounds,  now  desig- 
nated or  used  by  said  city  or  the  inhabitants  thereof  as  a 
public  market  is  hereby  discontinued,  and  all  ordinances  or 
parts  of  ordinances  inconsistent  with  this  ordinance  are 
hereby  repealed. 

628.  Sec.  3.  Hours  at  market. — The  markel  hours  for 
the  central  public  market  of  the  city  of  St.   Paul  are  hereby 

1  and  designated  at   from  *'>  o'clock  a.  m.  until  2  o'clock 

|>.    m.    ol    each    week   day.    and    no    person    shall    sell    or   expose 

lor  sale  upon  said  markel  any  meats,  fish,  vegetables,  fruits, 
garden  truck  or  farm  products,  earlier  than  »;  o'clock  a.  m. 
or  after  2  o'clock  \>.  m.,  and  from  i;  o'clock  a.  ni.  until  noon, 
IP.  person,  firm  or  corporation  other  than  regular  anil  rec- 
ognized dealers  therein,  or  regularly  licensed  peddlers 
thereof  -hall  sell  at  any  other  place  or  places  than 
public   markel    any    meats,   fish,   fruits,    vegetables  or   other 


830 

farm  truck  or  garden  products,  and  they  only  at  their  regular 
places  of  business;  and  all  grocers  or  other  retail  dealers  in 
any  meats,  fish,  vegetables,  fruits,  berries  or  articles  of  farm 
produce  sold  upon  said  public  market  are  hereby  prohibited 
from  6  o'clock  a.  m.  until  12  o'clock  noon  from  buying  said 
articles,  except  upon  said  market,  except  for  the  use  of  his 
or  her  or  their  own  family  or  families.  All  buyers  patron- 
izing said  market  are  prohibited  from  bringing  teams  and 
vehicles  thereon  until  6  o'clock  a.  m. 

629.  Sec.  4.  Renting  of  stalls. — Stalls  and  booths  upon 
said  market  may  be  rented  for  one  year  or  any  less  period, 
singly  or  in  groups.  Any  person  or  association  of  persons 
desiring  to  rent  stalls  or  booths  for  one  month  or  more,  or 
for  one  year  or  less  shall  make  written  application  therefor 
to  the  joint  committee  on  markets  of  said  common  council, 
specifying  the  number  and  location  thereof,  the  length  of 
lease  sought  and  the  price  by  them  bid  or  offered.  Said 
committee  on  markets  shall  consider  such  applications  and 
by  resolution  award  to  the  successful  applicant  in  such  case 
the  booths  or  stalls  described  in  his  application.  The  city 
clerk  of  said  city  shall  forthwith  deliver  to  each  successful 
applicant  a  receipt,  in  conformity  with  the  resolution  of  said 
committee,  which  shall  entitle  the  holder  to  the  use  of  the 
stalls  or  booths  therein  described  for  the  period  specified. 
The  rental  for  stalls  and  booths  shall  in  all  cases  be  pay- 
able in  advance,  but  may  be  paid  yearly  or  in  quarterly 
installments  at  the  option  of  the  lessee.  Default  in  payment 
of  rent  shall  immediately  terminate  all  rights  of  the  lessee 
to  the  stalls  or  booths  rented,  without  other  or  further 
notice.  The  city  clerk  shall  immediately  turn  over  to  city 
treasurer  all  moneys  received  by  -him,  taking  his  receipt 
therefor,  as  provided  in  the  charter  of  said  city.  The  said 
market  master  is  empowered  to  rent  all  stalls  and  booths, 
whether  the  same  have  been  rented  by  said  joint  committee 
on  markets  or  not,  providing  said  stalls  or  booths  are  not 
actually  occupied  at  the  time  by  the  lessee  thereof,  at  the 
rate  of  ten  cents  per  day  or  fraction  thereof,  payable  in  ad- 
vance and,  in  the  discretion  of  the  market  master,  payable 
by  the  day  or  week.     The  market  season  shall  be  deemed  to 


231 

extend  from  May  loth  to  November  15th  of  each  year,  and 
no  market  shed  shall  be  leased  for  less  than  ten  cents  for 
each  week  day,  nor  shall  any  booth  be  leased  for  less  than 
$10  per  month,  during  said  market  season. 

630.  Sec.  5.  Horses  on  market. — Neither  single  horses 
nor  teams  shall  be  allowed  to  stand  upon  said  market,  but 
after  the  wagons  and  vehicles  are  in  their  proper  place  upon 
said  market  said  horse  or  horses  shall  be  removed  from  the 
market. 

631.  Sec.  6.  Teams —  How  to  leave. — All  teams  shall 
enter  said  market  from  Jackson  street  and  leave  the  same  on 
the  Temperance  street  side  thereof. 

632.  Sec.    7.     Market    Master — How   to    be    chosen. — The 

common  council  of  the  city  of  St.  Paul,  acting  in  joint  ses- 
sion, shall,  on  the  first  Tuesday  in  December,  1902,  and 
biennially  thereafter,  on  said  day,  elect  some  suitable  person 
as  market  master,  who  shall  hold  office  from  the  1st  day  of 
January  following"  his  election  and  until  his  successor  is 
elected  and  qualified,  who  shall  perform  such  duties  as  may 
be  prescribed  by  law  or  the  ordinances  of  said  city. 

633.  Sec.  8.  Bond  of  market  master. — Before  entering 
Upon  the  duties  of  his  office,  said  market  master  shall  execute 
and  deliver  to  tin-  city  d*f  St.  Caul  a  smvt\  company  bond  in 
the  sum  of  one  thousand  dollars,  conditioned  for  the   Eaithful 

irmance  of  his  duties  as  such  officer. 

634.  Sec.  9.  Duty  of  market  master. —  It  shall  he  the  duty 
of  the  said  market  master,  under  the  direction  of  the  join! 
committee  on  public  buildings,  city  property  ami  markets, 
to    cause    said     mark-el     to    he    thoroughly    eleamd-    to    cause 

wagons  and  other  vehicles  to  he  placed  in   the  passageways 

of  said  market  SO  as  to  besl  -m'l  the  convenience  of  ike  public 
and  ike  buyers  and  sellers,  and  to  assign  to  ike  K 
stalls  and  booths  the  locations  to  which  1 1 1 <  \  are  entitled; 
to  take  charge  of  and  safel}  keep  ike  weights  and  measures 
belonging  to  ike  city,  and  neither  use  nor  suffer  the  same 
to  he  used  for  an)  other  purpose  than  thai  of  testing  any 
suspected  weights  or  measure-;  to  ]  >  i .  -  <  f  \  t  ■  .  .1 . 1 1  f  during  the 


232 

market  hours  and  to  prevent  and  remove  all  obstructions 
upon  said  market,  and  nuisances  found  therein,  and  to  re- 
move all  vagrants  ami  disorderly  persons  found  wandering 
on  or  about  said  market;  and  it  shall  be  the  specified  duty 
id  market  master  to  cause  all  of  the  provisions  of  this 
and  all  other  ordinances  that  may  be  passed  relating  to  the 
public  market  to  be  observed  and  obeyed  and  to  cause  all 
violations  of  the  same  to  be  prosecuted  before  the  municipal 
court  of  said  city,  and  to  make  all  seizures  authorized  by  this 
ordinance. 

635.  Sec.  10.  To  be  special  policeman. — It  is  hereby  made 
the  duty  of  each  person  elected  market  master  to  apply  for 
and  obtain  a  commission  as  policeman;  provided,  that  said 
market  master  so  appointed  policeman  as  aforesaid  shall 
receive  no  additional  compensation,  nor  shall  he  be  required 
to  do  any  duty  as  policeman,  except  that  in  connection  with 
the  duty  as  market  master. 

636.  Sec.  11.  Authority  of  market  master. — The  market 
master  shall  have  authority  to  order  and  remove  from  said 
market  any  person  thereon  guilty  of  any  violation  of  this 
ordinance,  or  who  shall  fail  to  obey  any  legal  order  of  said 
officer. 

637.  Sec.  12.  Weighing  instruments. — The  market  mas- 
ter shall  keep  at  some  convenient  place  a  scale  and  other 
implements  for  weighing  and  measuring,  duly  tried  and 
tested,  with  which  he  shall,  whenever  requested,  and 
without  charge,  weigh  and  measure  any  article  presented  for 
that  purpose. 

638.  Sec.  13.  To  seize  underweight  articles. — The  mar- 
ket master  shall  seize  all  articles  which  are  exposed  or  offered 
for  sale  on  the  market  that  are  of  less  weight  than  represented 
by  the  seller,  and  all  articles  attempted  to  be  sold  by  false 
weights  or  measures,  and  shall  sell  the  same  at  public  auction 
to  the  highest  bidder,  and  pay  the  proceeds  into  the  city 
treasury. 

639.  Sec.  14.  Collection  of  rents.— It  shall  be  the  duty  of 
the  market  master  to  collect  all  rents,  other  than  those  col- 


lected  by  the  city  clerk,  for  the  use  of  stalls  and  booths, 
other  than  those  rented  for  a  full  season,  and  said  market 
master  shall  pay  into  the  city  treasury  each  day  all  moneys 
so  collected  by  him,  and  shall  take  the  receipt  of  the  city 
treasurer  therefi  t. 

640.  Sec.  15.  .Tickets  to  be  issued. — It  is  hereby  made 
the  duty  of  the  city  clerk  of  said  city  to  issue  to  the  market 
master  properly  signed  and  stamped  tickets,  and  the  market 
master,  upon  the  receipt  of  any  money  received  by  him  by 

virtue  of  his  office,  shall  deliver  to  the  person  paying  the 
same  a  ticket  stating-  the  amount  paid  :  and  the  said  market 
master  shall  at  least  once  in  each  week  account  to  the  city 
clerk  of  said  city  for  all  tickets  so  sold  by  him,  and  shall 
receive  from  said  city  clerk  a  statement  that  all  tickets  issued 
have  been  accounted  for. 

641.  Sec.  16.  Penalty  and  fines. — A  failure  on  the  part 
of  the  market  master  to  'ohserve  any  of  the  provisions  of 
the  two  foregoing  sections  is  a  misdemeanor,  punishable  by 
a  fine  of  not  less  than  seventy-five  nor  more  than  one  hun- 
dred dollars,  and  such  failure  on  the  part  of  the  market 
master  shall  further  he  cause  for  his  removal  from  office  by 
the  common   council,  as  provided  by   the  charter  of  said   city. 

642.  Sec.  17.  Same. — Any  person  who  shall  in  any  par- 
ticular violate  any  provision  of  this  ordinance  shall,  on  con- 
viction thereof  before  the  municipal  courl  of  the  City  of  St. 
Paul,  he  punished  by  a  fine  in  any  sum  not  less  than  ten 
dollar-  nor  more  than  one  hundred  dollars  for  every  such 
offense,  or  by  imprisonment  therefor  in  the  St.  Paul  work- 
house for  a  period  of  not  exceeding  thirty  days. 

Sec.  Is.     This  ordinance  shall  take  effect  ami  he  in  force 
from   ami   after   its   passage,   approval   ami   publication. 

643.  Assignment  of  lease  of  stalls,  etc. — Consent  of  coun- 
cil— Forfeit. —  No  assignment  or  transfer  of  the  lease  of  any 

or  either  of  the  butcher's  Stalls,  Scores,  or  of  the  restaurant 
shall    he    of    any     force    or    effect     whatever    agaiflSl     said    city 

without  the  consenl  of  tin-  common  conm-il  first  had.  and 
an)   attempt  to  assign,  transfer,  or  set  over  any  or  either  of 


234 

the  said  leases  therein  named  to  any  person  shall  forfeit  and 
render  such   bond  invalid,  if  the  common  council  so  order. 
(Ord.  No.  430,  approved  Aug.  5,  1884,  §  8.) 

644.  Occupying  stall,  etc.,  for  purpose  other  than  that 
for  which  rented — Forfeit. — Any  attempt  to  occupy  any  stall, 
store  or  the  restaurant  for  any  purpose  other  than  that  for 
which  it  was  specifically  rented  shall  forfeit  and  render  void 
the  lease  for  the  same. 

(Id.  §  9.) 

645.  Tubs  for  offal. — Every  butcher  occupying  a  stall  in 
said  market  shall  procure  and  place  in  such  stall  a  suitable 
cask  or  tub,  in  which  he  shall  deposit  or  cause  to  be  depos- 
ited the  offals  of  all  slaughtered  animals  brought  or  caused 
fo  be  brought  by  him  therein  ;  and  such  person  shall,  within 
one  hour  after  the  closing  of  the  market  house,  remove,  or 
cause  to  be  removed  therefrom,  all  such  offals  as  aforesaid. 

(Id.  §  16.) 

646.  Provisions  to  be  sound  and  wholesome — Penalty — 
Weights  and  measures. — All  provisions  opened  and  exposed 
for  sale  in  said  market  shall  be  sound  and  wholesome,  and  of 
pure  and  good  quality,  and  if  otherwise  shall  be  seized  and 
forfeited,  and  the  seller  or  manufacturer  thereof,  and  alt 
and  every  person  engaged  in  such  sale  and  manufacture, 
shall  be  liable  for  each  offense  to  a  penalty  not  exceeding 
one  hundred  dollars  ($100)  ;  and  all  weights  and  measures 
used  therein  shall  be  in  conformity  with  the  standard 
weights  and  measures,  as  regulated  by  the  laws  of  this  state. 

(Id.  §  17.) 

647.  Vegetables  to  be  placed  as  directed  by  market  mas- 
ter— Unwholesome  vegetables. — All  vegetables  offered  for 
sale  in  said  market  place  shall  be  placed  in  such  manner  as 
the  market  master  may  direct,  and  if  any  such  vegetables 
shall  be  deemed  by  said  market  master  to  be  unwholesome 
or  unfit  to  be  consumed  or  used,  he  shall  order  the  owner 
or  owners  thereof  to  remove  the  same  forthwith  from  the 
public  market,  and  if  such  owner  or  owners  shall  neglect  or 
refuse  to  so  remove  such  vegetables  as  aforesaid  it  shall  be 


235 

the  duty  of  said  market  master  to  remove  the  same  without 
delav. 

(Id.  §  18.) 

648.  Horse,  etc.,  not  to  be  driven,  etc.,  on  market  place — 
Nor   animal   slaughtered   or   offal,   filth,   etc.,    deposited. — No 

person  shall  ride,  drive,  lead,  or  place  any  horse  or  other 
animal  into  or  upon  the  market  house,  market  place,  or  foot- 
ing pertaining  thereto,  or  kill  or  slaughter  any  animal  in 
market,  throw  or  deposit  any  animal  or  vegetable  offal,  filth, 
meat,  dead  animal,  fowl,  or  fish,  or  any  noisome  substance, 
in  or  about  the  market  house  or  place. 

(Id.  §  19.) 

649.  Vehicles  to  be  removed  as  soon  as  articles  are  sold. 
— Whenever  any  person  shall  have  sold  or  disposed  of  the 
commodities  brought  by  him  or  her  to  market  for  sale  in  or 
on  the  market  place,  he  or  she  shall  forthwith  remove  his  or 
her  vehicle   therefrom. 

(Id.  §  21.) 

650.  Selling  on  Sunday  prohibited. — No  person  shall  ex- 
pose or  offer  for  sale  any  article  in  the  market  place  on  Sun- 
day. 

(Id.  §  22.) 

651.  Articles  previously  purchased — Space  not  to  be  occu- 
pied for  sale  of. —  It  shall  not  be  lawful  for  any  huckster,  fore- 
stalled grocer,  or  other  person  to  occupy  the  space  in  or 
aboul  the  public  markel  house  for  the  purpose  of  vending 
any  meat,  butter,  vegetables,  fruits,  nuts,  or  other  articles 
of  merchandise  previously  purchased  by  them. 

"(Id.  §  23.) 

652.  Liquors  not  to  be  sold  or  given  away  in  market. — 
No  person  -hall,  in  market,  sell  or  give  away  any  wines, 
spirituous,  intoxicating,  mixed,  <»r  Fermented  li<|u<>rs  or  cider. 

(Id.  §  24.) 

653.  Lounging    and    smoking    forbidden. —  Mo    person    not 
having  lawful  business  in  or  aboul  the  markel  shall  i <  1 1 
lounge,  walk-.  <<v  lie  in  < >r  alu.ni   the  markel   place;  nor  ^hall 


836 

smoking  of  tobacco  be  allowed  in  said  market  house  dur- 
ing market   hours. 

(Id.  §  25.) 

654.  Intoxicated   persons — Unruly   animal. — No    person    in 

a  state  of  intoxication  shall  go  upon  said  market  place  during 
market  hours,  nor  shall  any  person  bring  or  suffer  to  come 
with  him,  into  or  upon  said  market  place,  during  market 
hours,  any  unruly  or  dangerous  animal. 

(Id.  §  26.) 

655.  Calves  and  sheep — Selling  and  confining  forbidden. 
— Xo  person  shall  sell  or  expose  for  sale  in  said  market  place 
any  live  calves  or  sheep,  nor  shall  any  butcher  or  other  per- 
son tether  or  tie,  or  otherwise  confine  any  calf  or  sheep,  and 
suffer  them  to  remain  in  that  condition.,  in  any  market  place 
or  space  in  said  city. 

(Id.  §  28.) 

656.  Butter,  lard,  honey,  sale  of. — Butter,  lard  and  honey, 
sold  in  market,  shall  be  sold  by  avoirdupois ;  wdien  butter  is 
put  up  in  rolls  or  balls,  each  roll  or  ball  shall  contain  not 
less  than  one  pound. 

(Id.  §  29.) 

657.  Manufactured  goods — Sale  of  forbidden. — Xo  person 
shall  expose  or  offer  for  sale  in  any  market  place  any  manu- 
factured goods,  wares,  or  merchandise. 

(Id.  §  32.) 

658.  Only  vehicles  and  horses  stationed  by  market  master 
to  be  in  market  space — Animals  not  to  be  fastened  to  railing, 
etc. — Injuring  and  defacing  market  house — Vehicles  and  ani- 
mals not  to  be  driven  on  floor. — It  shall  not  be  lawful  for 
any  person  to  leave  any  wagon  or  other  vehicle  or  horse,  or 
suffer  the  same  to  stand  or  remain  within  any  of  the  market 
spaces,  except  such  horses  or  vehicles  as  are,  by  the  direction 
of  the  market  master,  stationed  as  aforesaid ;  nor  shall  it 
be  lawful  for  any  person  to  tie  or  fasten  any  horse  or  other 
beast  to  the  railing,  or  other  part  of  said  market  house ;  nor 
break,  injure,  nor  deface,  in  any  way,  any  part  of  said 
market  house,  or  the  fixtures  or  apparatus  belonging  thereto, 


nor  drive  any  vehicle,  nor  to  ride  or  drive-  any  animal  through 
or  on  the  floor  of  any  market  house  in  said  city. 

(Id.  §  35.) 

659.  Provisions  of  ordinance  extended  to  embrace,  what. 
— The  provisions  of  this  ordinance  shall  be  so  extended  as 
to  embrace  all  spaces,  streets,  and  commons  where  market 
wagons  may  be  stationed,  by  order  of  the  market  master,  or 
where  provisions  are  retailed  from  markets  or  stands. 

(Id.  §  36.) 

660.  Violation  of  ordinance — Second  conviction  forfeits 
lease. — If  any  lessee  of  any  store,  butcher  stall,  or  the  res- 
taurant in  the  public  market  shall  be  twice  convicted  of  any 
violation  of  any  ordinance  in  relation  to  markets,  his  lease 
shall,  on  the  second  conviction,  be  adjudged  to  be  forfeited. 

(Id.  §  37.) 

661.  Boxes,  barrel,  etc.,  not  to  be  placed  on  market  space. 
— Xo  person  shall  put  or  place  any  box,  barrel,  bench,  or 
other  article  on  the  market  space,  street,  or  sidewalk  where 
market  is  held,  during  market  hours,  except  wagons  and 
other  vehicles. 

(Id.  §  38.) 

662.  Articles  purchased  in  market  or  on  streets  not  to  be 
sold  in  market  place. — No  person,  after  having  purchased  in 
market,  or  upon  any  of  the  public  streets  of  said  city,  any 
poultry,  wild  game,  meat,  butter,  or  eggs,  fruit,  vegetables, 
or  other  articles,  whatever,  shall  sell,  or  offer  to  sell  the  same 
in  the  market  place  established  by  this  ordinance. 

(Id.  §  30.) 

663.  Poultry,  etc.,  purchased  less  than  five  miles  from 
city. — No  person  shall  sell,  or  offer  for  sale,  any  poultry, 
wild  game,  meat,  butter,  or  eggs  which  have  been  obtained 
by   purchase  less  than  five   (5)   miles   from   the  city,  of  any 

on  or  persons  bringing  such  article  or  articles  to  tin-  city. 
(Id.   §    M.i 

664.  Resisting  market  master — Penalty. —  Every  person 
who  shall  resist  said  markel  master  in  the  lawful  discharge 
of  the  several   duties  imposed   upon   him   by   this  ordinance 


238 

shall  be  fined,  on  conviction  thereof  before  the  municipal 
court,  in  a  sum  not  exceeding-  fifty  dollars  ($50). 

(Id.  §  44.) 

665.  Weights  and  measures — Unripe  cranberries — Duty 
of  market  master. — It  shall  be  the  duty  of  the  market  master 
to  have  enforced  within  the  city  the  provisions  of  an  act 
entitled  "An  act  to  secure  uniformity  in  weights  and  meas- 
ures, being  Chapter  27  of  the  Public  Statutes,  and  Chapter  32 
of  the  Revised  Statutes  of  the  State  of  Minnesota,  approved 
March  12,  1861 ;"  also  "An  act  to  prevent  the  sale  of  unripe 
cranberries,  approved  February  25,  A.  D.  1861."  And  when- 
ever any  violation  of  either  of  the  acts  are  brought  to  his 
knowledge,  to  commence  proceedings  before  the  municipal 
court  against  the  offender  or  offenders. 

(Id.  §  45.) 

666.  Penalty  for  violating  ordinance. — Any  person  who 
shall,  in  any  particular,  violate  any  provisions  of  this  ordi- 
nance shall,  on  conviction  thereof  before  the  municipal  court, 
be  fined  in  any  sum  not  less  than  ten  dollars  ($10)  nor  more 
than  one  hundred  dollars   ($100)  for  every  such  offense. 

(Id.  §  48.) 

667.  Ordinances  repealed. — All  ordinances  and  parts  of 
ordinances  contravening  the  provisions  of  this  ordinance  are 
hereby   repealed.  (Id.  §  49.) 

668.  Quarters  of  beef  and  quarters  or  more  of  pork  and 
mutton — Market  master  to  weigh  and  attach  seal,  etc. — Pen- 
alty for  offering  for  sale  without  seal — Ord.  1790  repealed. — 

It  shall  be  the  duty  of  the  market  master  to  weigh  all  quarters 
of  beef  and  all  pork  and  mutton  in  quantities  of  one  quarter 
or  more,  offered  for  sale  at  the  public  markets  of  the  city 
of  St.  Paul,  and  to  attach  to  the  same  a  seal  in  such  manner 
that  the  same  cannot  be  readily  removed  therefrom,  showing 
the  weight  of  each,  and  such  seal  shall  not  be  removed  by 
the  owner  or  vender  thereof  while  the  said  beef,  pork  or 
mutton  remain  in  the  market  for  sale;  and  no  such  pork  or 
mutton  or  quarters  of  beef  shall  be  offered  for  sale  at  such 
market  unless  such  seal  indicating  the  weight  thereof,  as 
weighed  by  the  market  master,  be  attached. 


239 

€69.  Penalty. — Any  person  offering  a  quarter  of  beef,  or 
any  pork  or  mutton,  in  quantities  of  one-quarter  or  more, 
for  sale  in  the  public  markets  of  said  city  without  a  seal 
affixed  as  aforesaid  shall  forfeit  the  privilege  of  the  market, 
and  shall  be  fined  in  the  sum  of  not  less  than  five  (5)  nor 
more  than  ten  (10)  dollars,  or  be  imprisoned  for  not  less  than 
five  (5)  nor  more  than  ten  (10)  days.  Ordinance  No.  1790 
is  hereby  repealed. 

(Ord.  No.  1858,  approved  Dec.  19,  1895,  §§  1,  2.) 

MEDICINES. 

Ordinance  No.  2305. 

(Approved  August  22,  1902.) 

€70.         An   Ordinance   regulating  the   distribution  of   sample 
patent    medicine    fixing    a    license    therefor,    and    a 
penalty  for  the  violation  thereof. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 

follows : 

Sec.  1.  That  hereafter  it  shall  be  unlawful  for  any  per- 
son, firm,  or  corporation  to  distribute,  or  cause  to  be  dis- 
tributed, sample  patent  medicine,  whether  the  same  is  made 
up  in  the  shape  of  boxes,  bottles  or  packages,  without  first 
having  obtained  a  license  for  that  purpose,  as  hereinafter 
provided. 

671.  Sec.  2.  To  be  examined. — Any  person,  firm,  or  cor- 
poration desiring  to  distribute,  or  cause  to  be  distributed, 
any  of  the  said  sample  patent  medicine  aforesaid,  may  pre- 
sent one  of  said  samples  to  the  health  department  of  the  city 
of  St.  Paul  for  examination,  and  it  is  hereby  made  the  dut\  of 
the  commissioner  of  health,  and  his  assistants,  to  make  such 
examination.  If  upon  investigation  the  same  is  found  free 
and  clear  Of  any  and  all  injurious  substances,  then   l1   is  hereby 

made  the  duty  of  the  commissioner  of  health,  and  he  is  hereby 
authorized  to  issue  a  certificate  to  thai  effect,  which  said  cer- 
tificate shall  remain  in  possession  of  the  person,  firm  or  cor- 
poration so  distributing  said  sample  patent  medicine,  and 
shall  constitute  hi^,  their  of  its  license  for  so  doing. 


340 

672.  Sec.  3.  Penalty. — Any  person  who  shall  violate  any 
of  the  provisions  of  this  ordinance  shall,  upon  conviction 
thereof,  be  fined  in  a  sum  not  less  than  $5  nor  more  than  $50, 
or  by  imprisonment  for  not  loss  than  five  days  nor  more  than 
twenty-five  days. 

Sec.  5.  This  ordinance  shall  take  effect  and  he  in  force 
from  and  after  its  passage,  approval  and  publication. 

MILK  INSPECTION. 
Ordinance  No.  2042.. 

(Approved  April  22,  1899.) 

673.  An  ordinance  to  provide  for  the  inspection  of  milk, 

dairies,  and  dairy  herds,  and  to  license  and  regulate 
the  sale  and  disposition  of  milk  in  the  city  of  St. 
Paul. 

The  Common   Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  from  and  after  the  passage  and  approval 
of  this  ordinance  no  person  shall  engage  in  the  sale  or  dis- 
position of  milk  within  the  city  of  St.  Paul  without  first 
having  obtained  a  license  so  to  do  in  the  manner  hereinafter 
provided. 

674.  Sec.  2.  Application — How  made. — Any  person  de- 
siring a  license  to  engage  in  the  sale  or  disposition  of  milk, 
as  provided  in  section  one  (1)  hereof,  shall  first  make  appli- 
cation therefor  to  the  common  council  by  filing  with  the 
commissioner  of  health  of  the  city  of  St.  Paul,  for  presenta- 
tion by  him  to  the  common  council  of  said  city,  an  application 
in  writing  therefor,  which  said  application  shall  set  forth 
with  reasonable  exactness  the  name  and  place  of  residence 
of  the  applicant,  the  exact  location  or  place  from  which  the 
applicant  obtains  or  is  to  obtain  his  milk,  and,  if  the  appli- 
cant is  not  a  producer  of  milk,  then  the  name  of  the  person 
or  persons  from  whom  he  obtains,  or  is  to  obtain,  his  milk 
for  sale  or  distribution,  and,  if  said  applicant  is  a  producer 
of  milk,  the  number  of  cows  in  his  dairy  herd  or,  if  he  is  not 
a  producer  of  milk,  the  number  of  cows  in  the  dairy  herd 
of  the  person  or  persons   from   whom   he  obtains,   or  is  to 


241 

obtain,  his  milk ;  and  said  application  shall  further  set  forth 
the  manner  in  which  the  applicant  intends  to  dispose  of  his 
milk  when  licensed,  according  to  the  provisions  of  this  ordi- 
nance, and  shall  be  signed  by  the  applicant,  and  when 
received  by  the  commissioner  of  health  shall  be  placed  on 
file,  and  the  name  of  the  applicant  shall  be  registered  in  a 
book  of  registration  kept  for  such  purpose. 

675.  Sec.  3.  After  application — May  do  business. — The 
filing  of  the  application  provided  for  in  the  next  preceding 
section  shall  authorize  the  applicant  to  engage  in  the  sale 
or  distribution  of  milk,  and  to  continue  in  the  prosecution  of 
that  business,  if  he  shall,  at  the  time  of  the  filing  of  the  appli- 
cation, be  engaged  in  the  business  of  selling  or  distributing 
milk,  until  the  common  council  takes  action  thereon  and 
either  issues  a  license  to  the  applicant  or  refuses  so  to  do. 

676.  Sec.  4.  Officers  to  inspect. — Any  such'  applicant,  or 
any  person  from  whom  such  applicant  obtains,  or  is  to  ob- 
tain, his  milk,  shall  permit  the  officers  of  the  department  of 
health  of  the  City  of  St.  Paul  to  inspect  the  dairy  and  dairy 
herd  of  such  applicant,  or  the  dairy  and  dairy  herd  of  the 
person  or  persons  from  whom  the  applicant  obtains,  or  is  to 
obtain,  his  milk,  together  with  all  appliances  and  milk  ves- 

used  therein,  and  any  refusal  upon  the  part  of  such  appli- 
cant, or  upon  the  part  of  the  person  or  persons  from  whom 
such  applicant  obtains,  or  is  to  obtain,  his  milk  to  permit  the 
inspection  above  referred  to  shall  be  deemed  a  sufficient 
ground  upon  which  the  city  council  may  refuse  to  issue  the 
license  applied  for. 

677.  Sec.  5.  Herds  examined. — Upon  the  filing  of  the 
application  with  the  commissioner  of  health,  as  provided  in 
section  two  (2)  hereof,  said  commissioner,  or  an  authoi 
inspector  or  veterinary,  acting  under  his  instructions,  shall 
proceed,  without  unnecessary  delay,  to  insped  the  dairy  and 
dair)  herd  of  guch  applicant,  or  the  dairy  and  'dairy  herd  of 
the  person  or  persons  from   whom  the  applicant  obtains,  or 

is  to  obtain,  his  milk  for  sale  or  distribution  within  the  cor- 
porate limits  of  the  city  of  St.  Paul,  ami  it  shall  he  the  duty 
of  said  commissioner  of  health    to  make,  or  cause   to  he   made 


242 

under  his  direction  and  supervision,  an  examination  and  in- 
spection, not  only  of  each  and  every  animal  producing  milk 
for  sale  or  consumption  within  the  corporate  limits  of  said 
City  o\  St.  Paul  belonging  to  or  controlled  by  the  said  appli- 
cant, or  the  person  from  whom  said  applicant  obtains,  or  is 
to  obtain,  his  milk,  but  also  of  each  and  every  cow,  heifer, 
bull,  steer  or  calf  over  the  age  of  six  months  in  the  dairy 
or  dairy  herd  of  such  person,  for  the  purpose  of  detecting  the 
presence  or  absence  of  tuberculosis,  or  any  other  contagious 
or  infectious  disease,  and  said  commissioner  of  health,  or  his 
•said  authorized  inspector,  acting  under  his  direction  and 
supervision  in  making  such  inspection  and  examination,  is 
liereby  authorized  to  use  what  is  commonly  known  as  the 
tuberculin  test  as  a  diagnostic  agent  for  the  detection  of 
tuberculosis. 

678.  Sec.  6.  Animals  to  be  tagged. — After  such  examina- 
tion and  inspection  of  the  dairies  and  dairy  herds  as  in  the 
next  preceding  section  provided,  an  authorized  agent  of  the 
department  of  health  of  the  city  of  St.  Paul  shall  tag  each 
and  every  animal  so  examined,  which  tag  shall  be  of  such 
character  as  to  afford  a  permanent  record  of  such  examina- 
tion, nor  shall  such  tag  be  altered,  mutilated  or  removed  by 
anyone  other  than  an  authorized  agent  of  the  health  depart- 
ment of  the  City  of  St.  Paul,  and  the  result  of  the  same  as 
regards  the  presence  or  absence  from  an  infectious  or  con- 
tagious disease,  and  immediately  thereafter,  and  without  un- 
due or  unnecessary  delay,  the  commissioner  of  health  shall 
present  the  application  in  section  two  (2)  hereof  provided 
for,  to  the  common  council  of  the  City  of  St.  Paul,  and  shall 
accompany  it  with  a  report  which  shall  contain  the  result 
of  the  examination  and  inspection  of  the  dairy  and  dairy 
herd  of  the  applicant,  or  of  the  dairy  and  dairy  herd  of  the 
person  or  persons  from  whom  the  applicant  obtains,  or  is  to 
obtain,  his  milk  for  sale  or  distribution  within  the  corporate 
limits  of  the  City  of  St.  Paul ;  and  the  commissioner  of  health 
shall  also  state  in  such  report  what  disposition,  if  any,  has 
been  made  by  the  applicant,  or  the  person  or  persons  from 
whom  the  applicant  obtains,  or  is  to  obtain,  his  milk  of  the 
animals   which   were   found  to   be   affected   with   tuberculosis 


243 

or  any  other  contagious  or  infectious  disease,  if  any  there 
were,  and  whether  or  not  any  animals  so  diseased  are  used 
by  the  applicant  or  person  or  persons  from  whom  the  appli- 
cant obtains,  or  is  to  obtain,  his  milk  for  the  production- of 
milk  for  sale  or  distribution  for  consumption  within  the  cor- 
porate limits  of  the  City  of  St.  Paul. 

Sec.  7.  Method  of  determining. — The  common  council 
shall  thereupon,  after  proper  investigation,  whether  from  a 
consideration  of  such  report  or  from  other  sources,  adjudge 
and  determine  what  applicants  may  be  entitled  to  obtain  a 
license  for  the  sale  or  distribution  of  milk  within  the  corpo- 
rate limits  of  the  City  of  St.  Paul,  and  shall  thereupon  by 
resolution  grant  the  license  applied  for  to  such  of  the  appli- 
cants as  may  be,  in  the  opinion  of  the  common  council,  enti- 
tled thereto  under  the  provisions  of  this  ordinance. 

Sec.  8.  Licenses — How  issued. — It  shall  thereupon  be 
the  duty  of  the  commissioner  of  health,  upon  due  notice  from 
the  city  clerk  of  the  passage  of  the  resolution  or  resolutions 
in  the  next  preceding  section  provided  for,  to  issue  a  license 
or  licenses  to  sell  or  distribute  milk  within  the  corporate 
limits  of  the  City  of  St.  Paul  to  each  applicant  named  in  such 
resolution  or  resolutions  as  is  entitled  thereto,  which  said 
license  shall  be  numbered  and  signed  by  the  commissioner 
of  health,  and  a  record  thereof  shall  be  kept  in  the  book  of 
registration  provided  for  in  section  two  hereof,  and  said 
license  shall  be  valid  and  effective  for  the  period  of  one  year 
from  and  after  the  date  of  its  issuance,  and  no  longer. 

Sec.  9.  Form  of  license. — Eaeh  licensee  shall  cause 
his  name  and  his  place  of  business,  and  the  number  of  his 
license  to  be  legibly  placed  in  a  conspicuous  place  on  the 
outer  side  of  nil  carriages,  wagons,  sleighs  or  other  vehicles 
used  by  him  in  the  sale  or  distribution  of  milk  within  the  cor- 
porate limits  of  the  City  of  St.   Paul,  and  all  licensees  who 

sell  milk  from  stores  or  shops  shall  keep  their  licenses  con- 
stantly posted  in  a  conspicuous  place  upon  the  wall  of  the 
room  within  which  such  -ale  of  milk-  is  prosecuted  or  car- 
ried   on. 


2  I  1 

679.  Sec.  10.  Milk — Quality  defined. — No  person  shall 
offer  or  expose  for  sale,  or  sell,  or  distribute,  or  deliver  for 
sale  or  consumption  any  unclean,  impure,  unhealthy,  un- 
wholesome or  adulterated  milk,  and  no  person  shall  keep 
animals  for  the  production  of  milk  for  sale  or  distribution 
within  the  corporate  limits  of  the  City  of  St.  Paul  in  an  over- 
crowded condition,  or  in  barns  and  stables  or  other  buildings 
which  are  not  properly  ventilated,  or  which  are  in  an  unfit 
and  unclean  condition  from  any  cause,  nor  shall  any  person 
draw,  or  suffer  to  be*  drawn,  milk  from  animals  which  are 
themselves  in  an  unfit  or  unclean  condition,  or  from  animals 
which  are  affected  with  tuberculosis,  or  any  other  form  of 
disease,  or  from  animals  which  are  fed  either  wholly  or  in 
part  upon  distillery  waste  or  brewery  grains,  or  the  waste 
of  vinegar  factories,  in  a  fermented  condition,  or  upon  any 
other  form  of  food  which  is  calculated  to  produce  milk  which 
is  unhealthy  or  unwholesome,  or  from  animals  which  are 
supplied  with  water  which  is  impure  and  unwholesome,  nor 
shall  any  person  keep,  or  suffer  to  be  kept,  any  milk  or  milk 
product  intended  for  sale  or  distribution  in  unfit  or  unclean 
vessels,  nor  in  any  unfit  or  unclean  room  or  building,  or  in 
any  room  or  building  used  as  a  'sleeping  apartment,  or  for 
any  other  purpose  incompatible  with  the  proper  preservation 
of  the  cleanliness,  wholesomeness  or  healthy  condition  of  the 
milk  or  milk  vessels  kept  therein,  and  all  milk  thus  kept  or 
produced  is  hereby  declared  to  be  unclean,  impure,  unhealthy 
and  unwholesome  milk,  within  the  meaning  of  this  section; 
and  any  milk  which  is  shown  by  analysis  to  contain  a  pre- 
servative, or  any  other  substance  or  substances  of  any  char- 
acter whatever  not  natural  or  normal  constituents  of  milk, 
or  to  have  been  deprived  either  wholly  or  in  part  of  any  con- 
stituent naturally  or  normally  contained  in  milk,  or  which  is 
shown  to  contain  more  than  eighty-seven  (87)  per  cent,  of 
water  fluids,  or  less  than  thirteen  (13)  per  cent,  of  milk 
solids,  of  which  less  than  three  and  one-half  (3%)  per  cent, 
shall  be  fat,  is  hereby  declared  to  be  adulterated  milk  within 
the  meaning  of  this  section,  and  any  such  unclean,  impure, 
unhealthy,  unwholesome  or  adulterated  milk  may  be   seized 


245 

and  confiscated  by  the  commissioner  of  health  or  his  duly 
appointed,   qualified  and  authorized  inspectors. 

680.  Sec.  11.  "Skimmed  milk." — No  person  shall,  within 
the  corporate  limits  of  the  City  of  St.  Paul,  have  in  his  pos- 
session with  intent  to  sell,  offer  or  expose  for  sale,  or  sell,  or 
deliver  for  sale  or  consumption,  in  any  store  or  place  of  busi- 
ness, or  from  any  wagon,  sleigh,  cart  or  other  vehicle  used 
in  the  distribution  or  sale  of  milk,  any  milk  from  which  the 
cream  has  been  removed,  or  milk  commonly  known  as 
"skimmed  milk,"  without  first  marking  the  can  or  package 
containing  said  milk  and  from  which  said  milk  is  delivered 
to  the  purchaser  or  consumer  with  the  words  "skimmed 
milk''  in  large,  plain  letters,  each  letter  being  at  least  one  inch 
high  and  a  half  inch  wide,  and  to  be  placed  in  such  position 
as  to  be  easily  seen  when  such  milk  is  sold  and  delivered. 

681.  Sec.  12.  Right  of  inspectors. — In  order  to  carry  out 
the  provisions  and  purposes  of  this  ordinance,  the  commis- 
sioner of  health,  and  all  other  officials,  inspectors  and  em- 
ployes  of  the  department  of  health  in  the  city  of  St.  Paul, 
shall  have  the  right  at  any  and  all  times  to  enter  upon  or 
in  the  premises  of  any  person  licensed  under  the  provisions 
of  this  ordinance,  to  examine  and  inspect  the  dairy  and  dairy 
herd  of  such  licensee,  and  to  appropriate  a  reasonable  amount 
of  any  milk  or  milk  product  in  the  possession  or  under  the 
control  of  such  licensee  for  the  purpose  of  use  as  samples 
and  for  inspection  or  test,  and  they  shall  also  have  the  right 
to  enter  upon  or  into  the  premises  of  any  person  or  persons 
from  whom  such  licensee  obtains  his  milk  for  sale,  to  inspect 
and  examine  the  dairy  and  dairy  herd  of  such  person  or  per- 
sons;  and  each  licensee,  under  the  terms  hereof,  shall  give 
at  leasl  three  days'  notice  in  writing  to  the  commissioner 
of  health  of  an  intention  on  his  part  to  obtain  his  milk  from 
other  persons  than  those  named  in  his  original  application, 
and    any    failure   upon   his   pari    30    to   '1".   Or   anv    refusal    upon 

the  pari  "f  said  licensee,  or  upon  the  pari  of  the  person  "i-  per- 
sons from  whom  said  licensee  obtains  his  milk  t,,  ,-dlow  such 
entrj   or  inspection  as  may  In-  required  under  the  terra 
this  ordinance  shall  be  followed  by  an   immediate  revocation 


2  Ki 

oi  the  license  of  such  person  or  persons  by  the  commissioner 
of  health. 

682.  Sec.  13.  Times  of  inspection. — It  shall  be  the  duty 
of  the  commissioner  of  health  to  cause  the  dairy  and  dairy 
herd  of  all  licensees  hereunder,  and  the  dairies  and  dairy 
herds  of  the  person  or  persons  from  whom  such  licensees 
obtain  their  milk,  to  be  inspected  from  time  to  time,  and  if 
the  conditions  which  are  required  as  a  prerequisite  to  obtain- 
ing a  license  under  the  provisions  of  this  ordinance  are  not 
constantly  maintained,  then  it  shall  be  the  duty  of  the  com- 
missioner of  health  to  report  the  same  to  the  common  council 
and  make  such  recommendations  in  regard  thereto  as  he  may 
deem  proper. 

683.  Sec.  14.  Experts  and  chemists. — The  board  of  health 
may  appoint,  at  such  compensation  as  may  be  fixed  upon 
and  determined  by  the  common  council,  such  additional  in- 
spectors, experts  and  chemists  as  may  be  necessary  for  the 
purpose  of  carrying  out  the  provisions  of  this  ordinance,  and 
the  salaries  of  such  additional  inspectors  and  other  expenses 
incidental  to  the  enforcement  of  this  ordinance  shall  be  pay- 
able out  of  the  general  fund,  and  it  is  hereby  made  the  duty 
of  the  board  of  health  to  enforce  the  provisions  hereof. 

(As  amended  by  Ord.  2097,  approved  March  16,  1900,  §  1.) 

684.  Sec.  15.  Penalty. — Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  of  not  less  than  ten  (10)  dollars  nor 
more  than  thirty  (30)  dollars,  or  by  imprisonment  for  not 
less  than  ten  (10)  nor  more  than  ninety  (90)  days,  and  by 
the  revocation  of  any  license. 

(As  amended  by  Ord.  2097,  approved  March  16,  1900,  §  1.) 
Sec.  16.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  publication. 

MISDEMEANORS. 

685.  Lurking  in  building  or  yard  with  intent  to  do  mis- 
chief, etc. — Any  person  or  persons  who  shall  be  found  lurk- 
ing, lying  in  wait  or  concealed  in  any  house  or  other  build- 
ing, or  in  any  yard  or  premises  within  the  limits  of  the  City 


247 

of  St.  Paul,  with  intent  to  do  any  mischief,  or  to  steal,  or  to 

commit  any  offense  prohibited  by  the  laws  of  this  state,  or  by 

the  ordinances  of  this  city,  shall  be  guilty  of  a  misdemeanor. 

(Ord.  Xo.  1475,  approved  Feb.  17,  1891,  §  1.) 

686.  Noise,  riot,  disturbance — Collecting  in  crowds. — Any 
person  or  persons  who  shall  make,  aid  or  countenance,  or 
assist  in  making  any  noise,  riot,  disturbance  or  improper 
diversion,  to  the  annoyance  or  disturbance  of  the  citizens, 
or  other  person  or  persons  in  said  city;  or  who  collect  in 
bodies  or  crowds  in  any  street  or  public  place  in  said  city, 
so  as  to  obstruct  public  travel  thereon,  shall  be  guilty  of  a 
misdemeanor. 

(Id.  §  2.) 

687.  Nudity — Indecent  dress — Indecent  exposure — Im- 
moral conduct — Indecent  books,  pictures,  plays. — Any  per- 
son or  persons  who  shall  appear  in  any  street  or  public  place 
in  said  city  in  a  state  of  nudity,  or  in  a  dress  not  belonging  to 
his  or  her  sex.  or  in  any  indecent  or  lewd  dress,  or  shall 
make  any  indecent  exposure  of  his  or  her  person,  or  be  guilty 
of  any  obscene  or  filthy  act,  or  of  any  lewd,  indecent,  im- 
moral or  insulting  conduct,  language  or  behavior,  or  shall 
exhibit,  sell  or  offer  to  sell,  any  indecent  or  lewd  book,  pic- 
ture or  other  thing,  or  shall' exhibit  Of  perform  any  indecent. 
immoral  or  lewd  play  or  other  representation,  shall  be  guilty 
of  a  misdemeanor. 

(Id.  §3.) 

688.  Bathing  without  bathing  dress. — Any  person  or  per- 
sons who  shall  swim  or  bathe  in.  any  river,  creek  or  lake 
within  the  limits  of  the  said  City  of  St.  Paul,  between  the 
hours  of  6  o'clock  a.  m.  and  9  i '"clock  ]>.  111.  without  being 
suitably  (dad  in  a  bathing  dress,  shall  be  guilty  of  a  mis 
demean  >r. 

Hd.  §  l.i 

689.  Letting  male  to  female  animal. — Any  person  or  per 

sons    who    shall    let    any    male    animal    to    any    female    animal 

within  the  limits  of  said  city,  unless  in  some  enclosed  place 
out  of  public  view,  shall  be  guilty  of  a  misdemeanor. 


690.  Penalty. — Any  person  or  persons  violating  any  or  all 
of  the.  provisions  of  any  section  of  this  ordinance  shall,  on 
conviction  thereof,  be  punished  by  a  fine  not  exceeding  one 
hundred  dollars  ($100),  or  by  imprisonment  for  not  more 
than  ninety  i  90 )  days. 

(Id.  §6.) 

691.  Ordinance  repealed. — Ordinance  No.  40  of  said  City 
of  St.  Paid,  entitled  "-Misdemeanors,"  being  Article  XLIII. 
of  the  Municipal  Code  of  St.  Paul  1SS4  is  hereby  repealed. 

(Id.  §  7.) 

692.  Trespassing  on  private  premises. — No  person  shall 
trespass  on  the  private  premises  of  others  in  said  City  of  St. 
Paul. 

(Ord.  No.   1843,  approved  Oct.  3,  1895,  §  1.) 

693.  Loitering  after  midnight — Lying  in  wait — Consort- 
ing with  thieves  and  prostitutes. — No  person  shall  loiter 
about  the  streets  after  midnight  and  lie  in  wait  or  conceal- 
ment in  said  City  of  St.  Paul,  or  consort  with  thieves,  prosti- 
tutes or  other  questionable  characters. 

(Id.  §2.) 

694.  Drinking  intoxicants  on  streets  or  while  trespassing 
on  private  premises. — No  person  shall  upon  the  public  streets, 
lanes  or  alleys  of  said  city,  or  being  a  trespasser  upon  the 
private  premises  of  another,  drink  beer  or  other  intoxicating 
beverages. 

(Id.  §  3.) 

695.  Trespassers  sleeping  or  lying  concealed  in  box  cars, 
barns,  etc. — No  person  being  a  trespasser  shall  sleep  or  lie 
concealed  in  any  box  car,  barn  or  any  other  private  premises 
in  said  City  of  St.  Paul. 

(Id.  §4.) 

696.  Penalty. — Any  person  violating  any  of  the  provisions 
of  this  ordinance  shall  be  subjected  to  a  fine  of  not  less  than 
five  dollars  ($5)  nor  more  than  one  hundred  dollars  ($100), 
or  by  imprisonment  in  the  workhouse  for  not  less  than  ten 
(10)  nor  more  than  ninety  (90)   davs. 

(Id.  §5.) 


249 

PARKS. 

Ordinance  No.  1877. 

(Approved  May  27,   1S9G.) 

697.  An  ordinance  for  the  regulation  and  government  of 

public  parks  and  parkways  of  the  City  of  St.  Paul. 
The   Common   Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  No  person  shall  fire  or  discharge  any  gun  or 
pistol  or  other  firearm  or  any  rocket,  torpedo  or  other  fire- 
work of  any  description  or  send  up  any  balloon,  or  throw  any 
stones  or  missiles  within  the  several  parks  or  parkways,  nor 
carry  any  firearm  in  any  park. 

698.  Sec.  2.  Climbing  of  trees. — Xo  person  shall  climb 
any  tree,  or  pluck  any  flower  or  fruit,  whether  wild  or  culti- 
vated, or  break,  cut  down,  trample  upon  or  remove,  or  in  any 
manner  injure  or  deface  any  statue,  ornament,  tree,  plant, 
shrub,  flower,  flowerbed,  turf  or  any  of  the  buildings,  fences, 
bridges  or  other  construction  within  the  several  parks  an,d 
parkways;  nor  shall  any  person  write  on  any  building,  struc- 
ture, statue,  fence,  bench,  rock  or  stone  within  such  parks 
or  parkways. 

699.  Sec.  3.  Animals  in  parks. — No  horse  or  other  animal 
used  for  riding  or  driving  or  vehicle  of  any  description  will  be 
allowed  upon  any  part  of  the  parks  except  upon  the  rides, 
drives,  concourses  or  other  places  appropriated  for  horses 
and  carriages,  nor  will  any  vehicle  drawn  by  any  animal,  or 
any  bicycle  be  allowed  upon  any  footwalk,  ride  or  bridle  path, 
nor  will  any  vehicle  or  animal  used  for  driving  or  riding  be 
allowed  to  stand  or  go  upon  any  drive  or  carriage  road,  ex- 
ce|)t  at  such  places  as  the  Board  of  Park  Commissioners  shall 
designate  for  that  purpose,  to  the  obstruction  of  the  way, 
or  inconvenience  of  persons  riding  or  driving  in  the  pari 
parkways;  and  no  person  shall  solicit  or  invite  passengers 
for  hire  in  said   parks. 

700.  Sec.  4.  Rate  of  speed. — No  person  shall  ride  or  drive 
any  horse  or  team  or  any  animal  used  for  riding  or  driving 
within  the  park  <>r  parkways  faster  than  at   the  rate  of  eight 


250 

miles  an  hour;  and  no  person  shall  ride  a  bicycle  or  any 
other  road  machine  or  vehicle  within  the  park  or  parkways 
faster  than  at  the  rate  of  ten  miles  an  hour. 

Provided,  however,  that  the  Board  of  Park  Commission- 
ers of  the  City  of  St.  Paul  may,  in  its  discretion,  forbid  any 
automobile,  locomobile,  motorcycle  or  other  so-called  horse- 
less carriage,  from  entering",  running  or  traveling  in  or  upon 
any  of  the  park  roads  or  park  pathways  or  any  public  park- 
way of  the  City  of  St.  Paul,  whenever  deemed  necessary  by 
the  said  Board  for  the  safety  of  the  public,  and  said  Board 
may,  at  its  discretion,  make  such  rules  and  regulations  gov- 
erning the  speed  of  said  hereinbefore  described  vehicles. 
while  running  or  traveling  upon  any  of  the  park  roads,  park 
pathways  or  public  parkways  of  said  city,  and  may  impose 
such  other  condition  or  rules  governing  the  use  of  such  here- 
inbefore described  vehicles,  while  running  or  traveling  upon 
any  of  such  park  roads,  park  pathways,  or  public  parkways, 
as  may  be  deemed  by  said  Board  necessary  to  the  protection 
and  safety  of  the  public. 

(As  amended  by  Ord.  No.  2302,  approved  Aug.  27,  1902,  §  1, 
as  amended  by  Ord.  No.  2378,  approved  May  23,  1903, 

§1.) 

701.  Sec.  5.  Building  materials. — No  cart,  wagon,  dray, 
truck  or  other  vehicle  carrying  stone,,  brick,  manure,  soil, 
goods,  merchandise  or  any  articles,  shall  be  allowed  to  enter 
or  drive  in  the  parks,  or  upon  any  drive  therein,  and  no  cart, 
wagon,  dray,  truck' or  vehicle  usually  used  for  any  of  the  pur- 
poses aforesaid  shall  be  allowed  to  enter  or  drive  upon  the 
parks  or  any  road  or  drive  within  the  same. 

This  section  shall  not  apply  to  vehicles  loaded  or  un- 
loaded, employed  by  the  Park  Commissioners  in  the  main- 
tenance or  improvement  work  of  the  parks  or  parkways. 

702.  Sec.  6.  Advertisements. — No  person  shall  post  or 
affix  any  printed  or  written  bill  or  -placard,  notice  or  other 
paper  or  any  sign  upon  any  tree,  structure  or  thing  within 
the  parks  or  parkways  or  upon  any  gate,  fence  or  inclosure 
within  the  limits  thereof. 


251 

703.  Sec.  7.  Parades  and  drills. — Xo  military  target,  fire 
hook  and  ladder  or  hose  company  or  civic  or  other  proces- 
sion shall  parade,  march,  drive  or  perform  any  military  or 
other  evolution  or  movement  within  the  parks  without  the 
permission  in  writing  of  the  said  Board  of  Park  Commis- 
sioners. 

Xo  person  or  persons  shall  have  or  give  any  theatrical 
entertainment  in  any  park  or  parkway,  nor  shall  any  parade, 
procession,  public  gathering  or  public  meeting  of  any  kind 
take  place  in  any  public  park  or  parkway  ;  nor  shall  any  per- 
sons march  in  columns  on  any  parkway;  but  this  shall  not 
exclude  social  or  other  picnics  in  such  portions  of  the  various 
parks  as  may  be  designated  by  the  Superintendent  of  Parks 
for  that  purpose. 

\<  >  exception  shall  be  made  to  the  foregoing  provisions, 
except  that  they  may  be  temporarily  suspended  on  special 
or  extraordinary -occasions  by  formal  resolution  of  the  Board 
of  Park  Commissioners,  duly  passed  and  entered  of  record  mi 
their  minutes. 
(As  amended  by  Ord.  Xo.  2532,  approved  July  25,  1905,  §  1.) 

704.  Sec.  8.  No  funerals  allowed. — Xo  funeral  procession 
nor  any   hearse   nor  any  vehicle  carrying  the   body   of  a   de- 

•  '1  person  for  burial  shall  be  allowed  in  or  upon  any  pari 

of  the  parks. 

705.  Sec.  9.  "Keep  off  the  grass." — No  person,  excepting 
the  Park  Commissioners  and  those  in  their  employ  shall  go 
upon  the  grass,  lawn  or  turf  of  the  parks  or  parkways  excepl 
when  and  where  a  sign  or  placard  bearing  the  word  "com- 
mon" shall  be  posted  or  sel   up,  indicating  thai   persons  are 

at  liberty  at  that   time  and  place  to  go  upon  the  grass. 

706.  Sec.  10.  Who  may  use  roadways. — 'The  park  in  ill 
its  parts  is  constructed  for  the  benefil  and  use  of  the  public; 
but  the  drives  and  roads  in  the  parks  shall  be  used  only  by 
persons  in  carriages,  and  other  vehicles  used  wholh  or  partly 
for  purposes  of  pleasure,  and  by  persons  on  horseback;  the 
rides  or  bridle  paths  shall  be  used  only  by  persons  on  h 

back;    and    the    walks    are    designed     for    the    exclusive    U 

pedestrians.     Every  person  so  u  ch  drives  (.r  ride    oi 


852 

bridle  paths  shall,  as  to  the  rale  of  speed  of  driving  or  riding 
thereon,  and  as  to  the  moving  or  driving"  on  or  slopping  any 
vehicle,  horse  or  team  in  such  drives  or  rides,  be  subject  to, 
and  shall  obey  the  orders  and  directions  of,  any  Park  Com- 
missioners, or  keeper,  or  officer  connected  with  the  park,  or 
any  member  of  the  police  force  on  duty,  whenever  in  the 
judgment  of  such  commissioner,  officer  or  member,  the  safety 
or  convenience  of  those  using  such  drives  or  rides  shall  re- 
quire a  less  rate  of  speed  than  that  at  which  such  person  shall 
be  driving  or  riding,  or  that  he  drive  or  ride  on  or  stop. 

707.  Sec.  11.  Music  and  privileges. — No  person  shall 
play  any  music  or  keep  or  offer  anything  for  sale  or  post  or 
display  any  sign  or  placard,  flag,  banner,  target,  transpar- 
ency, advertisement  or  device  of  business  within  any  parks 
or  parkways,  building  or  place  under  the  jurisdiction  of  said 
Board,  unless  by  the  permission  of  such  Board,  or  by  some 
person  by  them  thereunto  duly  authorized,  and  subject  to 
such  rules  and  regulations  as  the  said  Board  shall  prescribe, 
and  no  person  shall  in  any  such  park  or  parkway  or  in  any 
refectory,  restaurant,  building  or  place  within  the  same,  so- 
licit fares  or  beg  or  publicly  solicit  subscriptions,  or  tell  for- 
tunes, or  play  any  game  of  cards  or  other  game  of  chance, 
or  any  game  with  table  or  instruments  of  gaming,  or  utter 
loud,  threatening  or  abusive  or  indecent  language  or  any  lan- 
guage tending  to  cause  a  breach  of  the  peace,  or  be  guilty 
of  any  indecent,  obscene  or  disorderly  conduct,  or  willfully 
violate  any  rules  or  regulations  made  by  such  Board  for  the 
conducting  and  regulating  of  any  refectory  or  restaurant 
within  such  park  or  parkways.  And  no  person  shall  make 
any  oration  or  harangue  in  such  park  or  parkway  without 
the  permission  in  writing  of  the  said  Board. 

708.  Sec.  12.  Animals  at  large. — No  quadrupeds  or  other 
animals,  except  those  placed  in  the  park  by  the  authority  of 
the  said  Board,  and  excepting  dogs  accompanying  their  own- 
ers or*  other  persons  having  charge  thereof  and  controlled  by 
a  line,  chain  or  strap,  and  excepting  horses  and  other  ani- 
mals used  for  riding  or  driving  shall  be  conducted  into  or 
driven   in  the   park   or  parkways,  or  to  be  allowed   to   remain 


253 

therein.  Dogs  found  running  at  large  within  any  park  may 
be  shot  bv  any  policeman,  or  other  officer  on  duty  connected 
with  the  park. 

709.  Sec.  13.  Pounds. — Pounds  may  .be  established  at 
such  places  as  shall  be  designated  by  the  Board  for  the  im- 
pounding of  horses,  cattle,  sheep,  goats,  swine  and  geese 
found  running  at  large  or  being  in  the  parks  or  parkways 
contrary  to  the  provisions  of  these  ordinances. 

710.  Sec.  14.  Same — How  disposed  of. — All  animals 
named  in  the  next  preceding  section  found  running  at  large 
as  therein  mentioned,  may  be  taken  by  any  person  or  per- 
sons and  driven  or  carried  to  one  of  said  pounds,  and  may  be 
kept  or  enclosed  therein  during  five  (5)  days,  at  the  expira- 
tion of  which  time,  if  not  previously  claimed  and  the  amounts 
hereinafter  mentioned  paid  to  the  Treasurer  of  said  Board, 
they  may  be  sold  at  public  auction,  provided  that  two  days' 
previous  notice  of  the  sale  thereof  be  conspicuously  posted 
at  the  pound. 

711.  Sec.  15.  Same — To  redeem. — The  owner  of  any  ani- 
mal impounded  as  herein  authorized,  or  any  person  on  his 
behalf,  may  redeem  the  same  before  the  day  of  sale  by  pay- 
ment to  the  said  Treasurer  or  other  authorized  officer  of  the 
Board,  as  follows:  For  each  animal  two  dollars  and  the  ex- 
pense of  keeping.  For  each  goat  four  dollars  and  the  ex- 
pense of  keeping.     The  expense  of  keeping  shall  be  reckoned 

Hows:     For  each  horse,  or  head  of  neat  stock,  fifty  rents 
per  day;  for  each  swine  or  sheep,  twenty  cents  per  day. 

712.  Sec.  16.  Same — Payment  of  balance. — If  within  one 
month  after  the  sale  of  any  impounded  animal,  the  former 
owner  thereof  shall  appear  and  claim  the  same,  the  said  treas- 
urer ^liall,  after  deducting  the  full  amounl  of  the  charges 
as  above  provided   for,  pay  over  to  him  the  balance  of  the 

|  r  ale. 

713.  Sec.    17.     "No  admittance"   signs. —  No    person     shall 
ciiirr  any   building,   inclosure   or  place   within   the   park 
parkways  upon   which   the   words  "No  admittance"  shall  be 
displayed  or  posted  by  sign,  placard  or  otherwise,  withoul  the 
con  sen  1   oi   the   Park   Commissioners,  or  the  Superintendent. 


&5  I 

714.  Sec.  18.  Games  and  sports. — Athletic  games,  sports, 
picnics  and  other  forms  of  recreation  or  amusement  sanc- 
tioned by  this  Board  may  be  held  or  practiced  in  such  parts 
of  the  parks  as  shall  be  designated  for  such  use,  subject  to 
such  regulations  as  may  be  made  by  the  Board,  and  subject 
to  the  orders  of  any  policeman  or  other  officer  connected 
with  the  park  on  duty  enforcing  the  rules  of  said  Board. 
Permits  for  the  exclusive  use  of  any  picnic  or  play  ground 
for  any  specified  date  or  time,  may  be  granted  at  the  discre- 
tion of  the  Superintendent  of  the  Board,  and  no  person  shall 
in  any  manner  disturb  or  interfere  with  any  club  or  party  oc- 
cupying the  ground  under  such  permit  without  his  consent. 

715.  Sec.  19.  Boats  and  floats. — No  person  except  the 
Park  Commissioners  and  those  in  their  employ  about  the 
park,  shall,  without  the  permission  of  the  Board  place  upon 
the  lake,  or  any  of  the  waters  of  the  parks,  any  float,  boat  or 
other  water  craft,  or  shall  land  or  go  upon  either  of  the 
islands  of  the  lake,  or  shall  touch  at  with  a  boat,  or  land  up- 
on any  place  on  the  shores  of  the  lake,  not  designated  as  a 
landing  place,  or  shall  walk  upon,  or  in  any  manner  use  or 
occupy  the  slopes  between  the  water  line  of  the  lake  and  the 
foot  paths. 

716.  Sec.  20.  Bathing. — No  person  shall  bathe  in  the 
waters  of  any  park  except  in  places  designated  by  the  Board, 
or  take  or  attempt  to  take  fish  in  said  waters,  except  by  per- 
mission of  the  Board,  or  send  or  throw  any  animal  or  thing 
in  or  upon  any  of  the  waters  of  the  parks,  or  kill,  injure  or  un- 
necessarily disturb  the  fish  in  said  waters,  or  any  water  fowl 
or  singing  or  other  bird  within  said  parks,  or  any  deer  or 
other  animal  within  and  appertaining  to  the  said  parks. 

717.  Sec.  21.  Sewers  and  other  pipes. — The  location  of 
all  sewers  and  receivers,  and  of  all  gas  pipes  and  water  pipes, 
lamp  posts,  hydrants  and  telegraph  poles  hereafter  ordered 
or  authorized  by  the  Common  Council  to  be  laid  or  placed 
on  any  parkway  or  place,  subject  to  the  jurisdiction  and  con- 
trol of  the  Park  Commissioners,  shall  be  subject  to  the  ap- 
proval of  the  Board  of  Park  Commissioners,  and  no  person 
shall  open  a  trench  for  any  purpose,  or  dig  into  or  take  up 


85  S 

any  part  of  any  parkway,  without  a  permit  from  the  Super- 
intendent of  the  Park  Commissioners.  The  person  to  whom 
such  permit  shall  be  granted  shall  complete  the  work  within 
a  certain  time  to  be  specified  in  said  permit,  and  shall  do  said 
work,  and  shall  refill  and  replace  in  a  substantial  and  work- 
manlike manner  all  material  disturbed  by  him,  and  leave  the 
parkway  or  place  in  as  good  condition  as  before  such  work 
was  begun.  The  execution  of  all  work  within  the  limits  of 
the  park  approaches  shall  be  subject  to  the  direction  and  ap- 
proval of  the  Park  Superintendent. 

718.  Sec.  22.  Permits  for  trenches. — Every  person  who 
shall  receive  a  permit  to  open  any  trench  in  any  of  the  park- 
ways shall  at  all  times  after  such  trench  shall  have  been  com- 
menced, and  until  after  the  same  shall  be  completed,  and 
until  all  accumulations  of  material  resulting  from  such  work 
shall  have  been  removed,  so  guard  and  protect  the  same  that 
persons  driving  or  passing  along  the  roadway,  or  sidewalk 
shall  not  be  liable  to  meet  with  any  accident ;  and  shall  also 
during  the  whole  of  every  night  that  such  trench  shall  re- 
main open  cause  the  same  to  be  kept  securely  fenced  and 
guarded  by  a  light  to  be  placed  on  such  fence  in  a  conspicu- 
ous position,  and  secured  so.  that  the  same  shall  not  be  ex- 
tinguished. 

719.  Sec.  23.  Earth — Clay  and  rubbish. — No  person  shall 
deposit  on  any  parkway  any  earth,  clay,  rubbish  or  slops  or 
any  •-and,  stone,  lumber  or  building  material  or  any  sub- 
stance of  any  kind  except  ashes  and  garbage  in  suitable 
boxes  or  barrels  on  each  Monday  forenoon,  without  a  permit 
from  tin-  Superintendent  of  the  Park  Commissioners;  and  all 
Such  permits  if  given  for  building  purposes  shall  be  granted 
only    to   the  owners  or  occupants  of   the   property    to  he   built 

on,  or  in  their  name  to  their  authorized  agents,  and  no  per- 
manent   damage    shall    he    done    to    any    improvement    on    said 

parkway,  and  all  temporary  damage  or  obstruction  of  any 
kind  -hall  he  made  good  or  removed  before  tin-  expiration  of 

the  time  for  which   such  permit    was  given. 

720.  Sec.  24.  Signs,  awnings,  platforms. —  No  sign,  awn- 
ing,   frame,    step,    raised    platform,    door,    porch,    bay    window, 


856 

cornice  or  roof  vault,  cellar  wall  or  cellarway,  or  line  fence 
nor  any  part  of  any  structure  hereafter  erected  on  property 
abutting  on  a  parkway,  shall  be  allowed  to  project  over  or 
under  the  line  of  said  parkway. 

721.  Sec.  25.  Goods  on  exhibition  or  storage. — No  goods, 
wares  or  merchandise  shall  be  placed  for  exhibition  or  stor- 
age on  any  part  of  a  parkway,  and  no  person  shall  leave  any 
goods  or  supplies  which  he  may  be  about  receiving  or  deliv- 
ering on  said  parkway  for  a  period  of  time  exceeding  one 
day. 

722.  Sec.  26.  Roadways,  control  of. — The  location  of  all 
paths  and  roadways  across  any  sidewalk  shall  be  subject  to 
the  approval  of  the  Park  Commissioners,  and  no  person  shall 
draw,  drive  or  cause  to  go  upon  any  sidewralk  or  border  any 
vehicle  of  any  kind  except  when  it  shall  be  necessary  for 
such  vehicle  to  cross  for  the  purpose  of  going  into  some 
yard  or  lot  or  into  some  place  where  said  vehicle  is  to  be  kept 
when  not  in  use,  and  no  vehicle,  when  not  in  use,  shall  be  al- 
lowed to  stand  or  remain  on  any  part  of  any  parkway. 

723.  Sec.  27.  Horses,  hitching  of. — No  person  shall  hitch 
or  fasten  any  horse  or  other  animal  to  any  tree  in  a  parkway, 
or  to  any  case,  box  or  stake  securing  such  tree,  nor  leave  a 
horse  untied  or  tied  within  reach  of  any  tree,  or  lead,  ride 
or  drive  any  horse  or  other  animal  along  any  sidewalk  or 
grass  border,  and  no  person  shall  turn  out  or  permit  any 
horse  or  other  animal  to  run  at  large  on  any  parkway. 

724.  Sec.  28.  Same — Posts  for. — Posts  for  the  purpose  of 
hitching  or  fastening  horses  may  be  placed  immediately  with- 
in the  side  curb  line  in  front  of  any  building  or  property ;  but 
no  post  shall  be  set  within  five  feet  of  any  tree,  and  such 
posts,  when  of  wood,  shall  be  round  and  not  exceeding  four 
feet  in  height  and  six  inches  in  diameter. 

725.  Sec.  29.  Shade  trees. — No  shade  tree  shall  be  plant- 
ed or  cut  down,  nor  any  branch  not  projecting  over  abutting 
property  be  cut  off  without  the  knowledge  and  consent  of  the 
Park  Superintendent. 


726.  Sec.  30.  Playing  ball,  etc. — Xo  person  shall  play  any 
ball,  fly  kites,  pitch  quoits,  or  engage  in  any  game  or  play  on 
any  parkways. 

727.  Sec.  31.  Buildings,  etc. — No  person  shall  cause  to 
be  moved  or  assist  in  moving,  any  building  into  or  upon  any 
parkway  without  first  having  obtained  permission  from  the 
Superintendent  of   Park   Commissioners. 

728.  Sec.  32.  Sidewalks,  to  be  kept  clean. — The  owner  or 
occupant  of  any  building,  lot  or  premises  abutting  on  a  park- 
way shall  cause  the  sidewalk  in  front  of  or  adjacent  to  such 
building,  lot  or  premises  to  be  kept  clean,  and  all  snow,  ice 
or  dirt  to  be  removed  therefrom  in  the  forenoon  of  every  day. 

729.  Sec.  33.  Special  permits. — All  permits  granted  by 
the  Superintendent  of  the  Park  Commissioners  shall  be  sub- 
ject to  the  Park  Ordinances,  and  the  persons  to  whom  such 
permits  may  be  granted  shall  be  bound  by  said  ordinances  as 
fully  as  though  the  same  were  inserted  in  such  permit  :  and 
any  person  or  persons  to  whom  such  permits  shall  he  granted 
shall  be  liable  for  any  loss,  damage  or  injury  sustained  by  any 
person  whatever  by  reason  of  the  negligence  of  the  person  or 
persons  to  whom  such  permits  shall  be  granted,  their  ser- 
vants or  agents  or  any  person  or  persons  doing  work  or  fur- 
nishing materials  by  contract,  subcontract  or  otherwise,  as 
well  as  for  any  breach  of  such  ordinances,  to  the   person  or 

>ns  so  suffering  loss,  damage  or  injury,  and  to  the  Board 
of   Park  Commissioners  in  case  said  Board  shall   become  li- 
lo  the  person  or  persons  who  may  be  so  injured  or  dam- 
d.  or  who  may  suffer  such  loss. 

730.  Sec.  34.     "Park"  construed.— The   term   "park"   men 
ed  in   these  ordinances   whenever  it   occurs  shall  he  con 

strued  to  mean,  and  include  all  the  public  grounds  and 
squares  maintained  as  pleasure  grounds  in  the  City  of  Si. 
Paul.  The  term  "parkway,"  mentioned  herein,  whenever  il 
hall  he  construed  to  mean  and  include  ad  the  thor- 
oughfares and  park  approaches  subject  to  the  jurisdiction  and 
control  of  tiic    Board  of   Park  Commissionei 


258 

731.  Sec.  35.     Penalty. — All  persons  offending  against  the 

foregoing  ordinances  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall,  upon  conviction  before  the  judges  of  the 
Municipal  Court  of  the  City  of  St.  Paul,  or  before  any  court 
of  competent  jurisdiction  be  punished  by  a  fine  not  exceed- 
ing one  hundred  dollars  or  by  imprisonment  not  exceeding 
ninety  days. 

Sec.  36.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

Ordinance  No.  1868. 
(Approved  March  21,   1896.) 

732.  An  ordinance  setting  apart  Como  avenue  from  Dale 

street  to  Union  street  as  a  parkway  and  boulevard. 
The   Common   Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  all  that  portion  of  Como  avenue  between 
Dale  street  and  Union  street  be,  and  the  same  is  hereby  set 
apart  as  and  declared  to  be  a  public  parkway  and  boulevard  of 
the  City  of  St.  Paul,  and  the  Board  of  Park  Commissioners  of 
the  City  of  St.  Paul  is  hereby  granted  full  and  complete  juris- 
diction over  said  avenue  between  said  points  to  improve,  reg- 
ulate and  control  the  same  as  a  parkway  and  boulevard,  as 
authorized  and  contemplated  by  an  act  creating  such  Board 
of  Park  Commissioners ;  such  rights  to  be  exercised  only  in 
subordination  to  the  rights  of  the  public  and  of  the  adjacent 
property  owners  in  and  to  said  Como  avenue. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Ordinance  No.  1887. 

(Approved  Aug.  10,  1896.) 

733.  An   ordinance   prohibiting   the   erection  of   structures 

for   advertising   purposes    within     150    feet   of   the 
boundary  of  Como  Park. 

The  Common   Council  of  the   City  of  St.   Paul  do  ordain    as 

follows: 

Sec.  1.  Xo  person  shall  erect  or  construct  or  cause  to 
be  erected  or  constructed  any  board  or  structure  of  an}-  kind 


259 

for  the  display  of  any  advertisement  or  advertising  device 
within  150  feet  of  the  boundary  of  Como  Park,  nor  shall  any 
person  exhibit  or  cause  to  be  exhibited  any  advertisement  or 
advertising  device  within  150  feet  of  the  boundary  of  Como 
Park. 

734.  Sec.    2.     Penalty. — Any    person    violating   any    oi   the 

provisions  of  this  ordinance  shall  be  punished  by  a  fine  of  not 
less  than  five  nor  more  than  fifty  dollars,  or  by  imprison- 
ment in  the  St.  Paul  AYorkhouse  for  not  less  than  ten  nor 
more  than  sixty  days. 

Sec.  3.     This  ordinance  shall  take  effect  and  be  in  force 
from    and   after   its   passage. 

PAVEMENTS— ASPHALT. 

735.  Unlawful  to  drop  oil,  etc. — It  is  hereby  declared  un- 
lawful, and  all  persons  are  forbidden  to  scatter,  pour  or 
drop  upon  any  asphalt  pavement  within  the  City  of  St.  Paul 
any  oil,  gasoline,  kerosene  or  other  oily  substance  or  product 
of  coal  oil  or  tar,  pitch  or  turpentine;  and  all  persons  are  for- 
bidden from  driving  or  conducting  over  any  of  said  pave- 
ment any  vehicle  or  receptacle  containing  any  of  said  sub- 
stances without  having  the  same  carefully  and  completely 
secured  against  any  waste  of  any  of  said  substances  or  the 
spilling  of  any  of  the  same  from  any  part  of  said  vehicle  or 
receptacle. 

(<  )rd.   No,   L791,  approved   Dec.   L3,   1894,  §  L.) 

736.  Penalty. — Any  person  violating  any  of  the  provisions 
of  this  ordinance  shall  be  punished  by  a  fine  in  a  sum  not  less 

than  five  dollars  ($5),  nor  more  than  one  hundred  dollars 
($100),   or    by    imprisonment    for    a    period    not    less    than    five 

i 5  i  nor  more  than  eighty-five  ( 85  i  days. 

I  fd.  §2.) 

737.  Hackmen,  etc.,  not  to  permit  horse  or  team  to  stand 
on,   how  long — Penalty. —  No   hackman,   expressman    or   bag- 
man, or  any  person  engaged  in  any  of  said  lines  of  busi- 

shall  cause  or  permil  the  horse  or  team  owned  by  him, 
or  in  Ids  custody  and  engaged  in  said  business  to  stand  upon 
an)  asphall  pavernenl  in  the  City  of  St.  Paul  while  awaiting 


custom,  or  while  attached  to  any  hack,  dray,  baggage  or  ex- 
press wagon,  for  any  consecutive  period  of  time  exceeding 
one-half  hour,  except  only  when  such  person  may  be  actually 
engaged  in  loading  or  unloading  such  vehicle  above  named. 

738.  Penalty. — Any  person  violating  any  of  the  provisions 
of  this  ordinance  shall  be  fined  in  a  sum  not  less  than  five  (5) 
nor  more  than  twenty-five  (25)  dollars,  or  be  imprisoned  in 
the  city  workhouse  for  a  period  of  not  less  than  five  (5)  nor 
more  than  thirty  (30)  days. 

(Ord.  No.  1882,  approved  June  18,  1895,  §§  1,  2.) 

739.  No  person  shall  permit  horse,  team  or  loaded  wagon 
to  stand  on,  how  long — Penalty.— No  person  shall  cause  or 
permit  any  horse,  team  or  loaded  wagon,  owned  by  him  or  in 
his  custody,  to  stand  upon  any  asphalt  pavement  in  the  City 
of  St.  Paul  for  any  consecutive  period  of  time  exceeding  one- 
half  hour,  except  only  when  such  person  may  £>e  actually 
engaged  in  loading  or  unloading  such  vehicle. 

740.  Penalty. — Any  person  violating  any  of  the  provisions 
of  this  ordinance  shall  be  fined  in  a  sum  of  not  less  than  five 
(5)  nor  more  than  twenty-five  (25)  dollars,  or  be  imprisoned 
in  the  city  workhouse  for  a  period  of  not  less  than  five  (5) 
nor  more  than  thirty   (30)   days. 

(Ord.  No.  1839.  approved  Sept.  19.  1895,  §§  1,  2.) 

PAVING,  ETC. 

Ordinance  No.  2474. 

(Approved  November   1,   1901.) 

741.  An  Ordinance  relating  to  paving  of  streets,  alleys  and 

public  grounds  in  the  City  of  St.  Paul. 
The  Common   Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  hereafter  all  preliminary  and  final  orders 
passed  by  the  Common  Council  for  the  paving  of  any  of  the 
'streets,  alleys  or  public  grounds  of  the  City  of  St.  Paul,  shall 
provide  for  such  paving  with  some  kind  of  patented  paving" 
material. 


36] 

742.  Sec.  2.  Kinds  of  bids.— That  when  the  Board  of 
Public  ^Yorks  advertises  for  bids  for  doing  such  work  with 
the  material  specified  in  the  final  order,  said  Board  shall  also 
in  such  notice  invite  and  shall  receive  bids  for  doing  such 
paving  with  asphaltum,  sandstone,  granite  and  brick,  and 
when  all  the  proposals  therefor  arc  in,  said  Board  shall  select 
the  one  which  is  relatively  the  lowest  or  most  satisfactory,  all 
things  considered,  as  provided  by  Section  81  of  Title  3,  Chap- 
ter 6  of  the  Charter  of  said  city. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

PAWN    SHOPS    AND    SECOND-HAND    DEALERS. 

Ordinance  No.  2041. 

(Approved  April  22,  1899.) 

743.  An    ordinance   to   license    and    regulate   pawnbrokers 

and  second-hand  dealers. 
The    Common   Council   of   the    City  of   St:  Paul   do   ordain    as 

follows : 

Sec.  1.  Xo  person  shall  exercise,  carry  on  or  be  engaged 
in  the  trade  or  business  of  a  pawnbroker  or  second-hand 
dealer  within  the  corporate  limits  of  the  City  of  St.  Paul 
without  first  having  obtained  a  license  so  to  do,  in  accordance 
with  the  terms  and  provisions  of  ordinance  No.  L587,  of  the 
General  Ordinances  of  the  City  of  St.  Paul,  approved  March 
S,  1-'.'-.'. 

I  Vs  amended  by  <  >rd.  No.  2049,  approved  Ma_\   20,  1899.) 

744.  Sec.   2.     Amount   of  license   fee. — The    amount    to   be 
paid  for  license  by  section  one  hereof  required,  shall  be  grad 
uated  as  follows:     Those  persons  the  amounl  of  whose  year 
ly  business  is   less  than  sin, (inn  -.hall   pay   for  a   license   the 
sum  of  Sinn  per  annum;  those  the  amounl  of  whose  yearly 

business  is  at   leasl   $10,000  and  less  than  $20, shall  pay 

for  a  license  the  sum  of  $200  per  annum,  those  the  amounl 
of  whose  yearly  business  is  $20,000  and  upwards  shall  pa) 
for  a  license  the  sum  of  $300  per  annum;  and  each  person 
upon  making  his  application   for  a  licen  e     hall  furnish  sal 


262 

isfactory  assurance  of  the  amount  of  business  done  by  him 
during  the  year  next  preceding. 

745.  Sec.  3.  Bond  to  be  filed. —  lief  ore  any  person  shall 
be  licensed  as  aforesaid  he  shall  file  with  the  city  comptroller 
a  bond,  with  at  least  two  sureties,  to  be  approved  by  said 
comptroller,  in  the  sum  of  $2,000,  conditioned  that  he  will  ob- 
serve the  ordinances  of  said  city  in  relation  to  the  business 
to  do  which  he  has  applied  for  a  license,  and  conduct  his 
said  business  in  conformity  therewith,  and  that  he  will  ac- 
count for  and  deliver  to  any  person  legally  entitled  thereto, 
any  goods,  wares  or  merchandise,  article  or  thing  which  may 
have  come  into  his  hands  through  his  business  as  such  pawn- 
broker or  second-hand  dealer,  or  in  lieu  thereof  he  will  pay 
in  money  to  such  person  or  persons  the  reasonable  value 
thereof. 

746.  Sec.  4.  To  file  pledge. — Before  any  person  shall  be 
licensed  as  aforesaid  he  shall  file  with  the  corporation  attor- 
ney an  instrument  in  writing,  to  be  approved  by  the  corpora- 
tion attorney,  wherein  and  whereby  he  shall  agree,  in  effect, 
that  the  officers  of  the  police  force  of  the  City  of  St.  Paul, 
and  the  license  inspector  of  said  city,  shall  at  all  times  dur- 
ing the  term  of  the  license  for  which  he  has  applied,  en- 
joy the  right  and  privilege  of  free  and  unobstructed  ingress 
and  egress  to  and  from  the  premises  in  or  upon  which  he  is 
to  conduct  and  carry  on  his  said  business  for  the  purpose  of 
locating  and  discovering  goods,  wares  and  merchandise  sus- 
pected or  alleged  to  have  been  stolen  or  otherwise  improperly 
disposed  of. 

747.  Sec.  5.  Who  can  be  licensed. — Xo  person  shall  be  li- 
censed under  the  terms  hereof  who  may  have  at  any  time 
prior  to  the  issuance  of  his  license  been  duly  convicted  in 
any  court  of  competent  jurisdiction  of  having  received  stolen 
goods,  or  of  an  infraction  of  the  terms  and  provisions  of  this 
ordinance,  or  of  any  of  the  ordinances  of  the  City  of  St. 
Paul  relating  to  the  licensing  and  regulation  of  the  business 
of  pawnbrokers  and  second-hand  dealers. 

748.  Sec.   6.     Hours   of    opening    and    closing — Minors. — 

Xo  person  licensed  under  the  terms  hereof  shall  keep  his  of- 


263 

hce  or  store  open  for  the  transaction  of  business  on  any  day 
in  the  week  before  seven  o'clock  in  the  morning  and  after 
ten  o'clock  in  the  evening",  nor  shall  any  person  licensed  un- 
der the  terms  hereof  buy  second-hand  goods,  or  any  personal 
property  whatsoever,  or  receive  goods  or  any  personal  prop- 
erty whatsoever  on  deposit  or  pledge  from  any  minor. 

749.  Sec.  7.  To  keep  books. — Every  person  licensed  un- 
der the  terms  hereof  shall  keep  a  book  in  which  shall  be  leg- 
ibly written  in  ink,  at  the  time  of  each  loan  or  purchase,  an 
accurate  account  or  description  in  the  English  language  of 
the  goods,  articles  or  other  things  deposited,  left,  sold  or 
purchased  or  pledged  or  pawned,  the  amount  of  money 
loaned  upon  or  pledged  therefor,  the  time  of  the  receipt  of 
the  same,  the  name,  residence,  and  a  reasonably  accurate  de- 
scription of  the  person  pawning,  pledging,  selling,  leaving  or 
depositing  the  same,  and  if  the  article  be  a  watch  or  other 
goods  of  gold  or  silver  manufacture,  the  number  or  num- 
bers written,  stamped,  impressed  or  engraved  thereon,  to- 
gether with  the  name  of  the  manufacturer  of  the  same,  if 
such  name  is  placed  in  any  position  or  in  any  way  upon  such 
goods  or  article,  and  such  entry  as  above  described  shall  be 
regularly  numbered,  and  the  book  in  this  section  referred  to 
shall  be  known  as  Xo.  1,  and  shall- be  at  all  reasonable  times 
open  to  the  inspection  of  the  mayor,  the  license  inspector  or 
any  member  of  the  police  force  of  the  city  of  St.   Paul. 

750.  Sec.  8.  "Book  No.  1." — Every  person  licensed  under 
the  term>  hereof,  shall  deliver  to  the  person  pawning,  pledg- 
ing,   selling,   leaving   or   depositing    any    goods,   article^    or 

things,    a    certificate    numbered    to    correspond    with    tin-    entry 

in  Book  Xo.  l,  which  said  certificate  shall  contain  the  sub- 
stance of  such  entry. 

751.  Sec.  9.  "Book  No.  2." — Each  person  licensed  under 
the  terms  hereof  shall  keep  a  book,  to  be  called  Book  X".  '.'. 
wherein  shall  be  entered  an  accurate  ami  correel  accounl  of 
all  sales  'if  goods,  articles  or  things  sold  or  disposed  of  l>\ 
him.  which  may  have  originally  been  deposited,  lefl  with  oi 
sold  t<>  or  purchased  by  or  pledged  or  pawned  to  him.  whi  re 
in  -hall  be  marked   upon  properlj    numbered  entry,  together 


264 

with  a  proper  reference  to  the  original  transaction  as  en- 
ured in  Book  No.  1,  and  the  corresponding  number  of  the 
entry  in  Book  No.  1  an  account  of  such  sale,  with  the  date 
thereof,  and  the  amount  for  which  such  article  was  origin- 
all}'  purchased,  or  which  was  originally  loaned  thereon,  and 
interest  and  charges,  and  the  amount  for  which  the  same  was 
sold,  and  the  book  in  this  section  referred  to  shall  also  be  at 
all  reasonable  times  open  to  the  inspection  of  the  mayor,  the 
license  inspector  or  any  of  the  police  force  of  the  city  of  St. 
Paul. 

752.  Sec.  10.  Reports  to  chief  of  police. — Each  person 
licensed  under  the  terms  hereof  shall  make  out  and  deliver  to 
the  chief  of  police  even-  day,  before  the  hour  of  twelve  noon, 
a  legible,  correct  and  complete  copy  from  each  of  the  books 
hereinbefore  required,  and  a  true  and  correct  account  of  all 
personal  property  or  other  valuables  received  or  deposited  or 
purchased  or  pledged  or  pawned  as  indicated  in  Book  No.  1, 
or  sold  or  otherwise  disposed  of,  as  indicated  in  Book  Xo.  2, 
during  the  preceding  day,  and  said,  report  and  description 
shall  be  signed  by  the  person  giving  it  to  the  chief  of  police, 
and  shall  be  delivered  in  person  by  the  person  making  said 
report  to  said  chief  of  police,  or  to  an  officer  duly  detailed  by 
said  chief  of  police  for  such  purpose  when  the  same  is  re- 
quired by  said  chief  of  police.  Provided,  however,  that  no 
person  shall  be  required  to  furnish  such  description  of  any 
property  purchased  from  manufacturers  and  wdiolesale  deal- 
ers having  an  established  place  of  business,  or  of  any  goods 
purchased  at  an  open  sale  from  any  bankrupt  stock,  or  from 
any  other  person  doing  business  and  having  an  established 
place  of  business,  but  any  goods  in  this  proviso  referred  to 
must  be  accompanied  by  a  bill  of  sale  or  other  evidence  of 
open  or  legitimate  purchase,  and  must  be  shown  to  the 
mayor,  or  any  member  of  the  police  force,  when  demanded. 

753.  Sec.  11.  Limit  of  pledge  before  sale. — Any  person 
pledging,  pawning  or  depositing  an  article  for  security  shall 
have  ninety  (90)  days  from  the  date  when  the  loan  or  pledge 
becomes  due  and  payable  to  redeem  the  same  before  the  same 
becomes   forfeitable. 


265 

754.  Sec.  12.  Sales  after  reporting  to  police. — Xo  per- 
sonal property  on  deposit  with  any  person  licensed  under  the 
terms  hereof,  nor  property  purchased  by  or  sold  to  or  in  any 
other  way  coming  into  the  possession  and  under  the  control 
of  any  person  licensed  hereunder  in  the  due  course  of  his 
business  shall  be  sold  without  permit  to  be  redeemed  from 
the  place  of  business  of  such  persons  for  the  space  of  seventy- 
two  (72)  hours  after  the  copy  and  statement  required  to 
be  delivered  to  the  chief  of  police  shall  have  been  delivered 
as   hereinbefore   required. 

755.  Sec.    13.     Orders   of  chief  of  police. — Whenever   the 

chief  of  police,  the  mayor  or  the  license  inspector  of  the 
City  of  St.  Paul  shall  notify  any  of  the  persons  licensed  here- 
under not  to  sell  or  permit  to  be  redeemed  any  goods  or 
article  received  on  deposit  or  purchase  by  such  licensee,  such 
goods  or  article  shall  not  be  permitted  to  be  redeemed,  nor 
shall  the  same  be  sold  until  such  time  as  may  be  determined 
by  the  chief  of  police  ;  provided,  that  such  time  shall  in  no 
case  exceed  the  period  of  six  months  from  the  date  of  such 
notification. 

756.  Sec.  14.  Signs. —  No  person  or  persons  shall  here- 
after exhibit  or  maintain  any  sign  usually  known  as  a  pawn- 
broker's sign,  or  in  any  manner  advertise  to  loan  money  on 
deposit  or  pledge  of  personal  property  or  other  valuable 
thing,  without  first  having  obtained  a  license  as  provided 
in  section  one  hereof,  and  a  non-compliance  with  the  terms 
of  this  section  will  be  prima  facie  evidence  of  the  fact  that  a 
pawnbroker's    business    is    being    prosecuted    and    carried    on. 

757.  Sec.  15.  Advertised  articles. — Tf  any  goods,  articles 
or  things  shall  be  advertised  in  any  public  newspaper  of  the 
city  oi  St.  Paul  as  having  been  losl  or  stolen,  and  such  goods, 
articles  or  things  shall  then  be,  or  shall  thereafter  come  into 
the  i  •!!  of  an)  person  licensed  under  the  terms  hereof, 
he  -hall,  upon  actual  notice  hereof,  immediately  thereafter, 
as  a  supplemenl  to  his  daily  report  for  ihai  day  to  the  chief 
of  police.  give  information  in  writing  that  certain  goods, 
articles  or  things  advertised  are  in  his  possession,  and  shall 
not   thereafter  dispose  of  the  same  excepl   upon  written  au- 


266 

thority  so  to  Ao  from  the  chief  of  police  of  the  city  of  St. 
Paul. 

All  watches,  jewelry,  opera  glasses  and  bicycles  coming 
into  the  possession  of  any  person  licensed  under  the  terms 
hereof  shall  at  all  times  he  open  to  the  inspection  and  right 
of  examination  of  any  person  claiming  to  have  been  the 
owner  thereof,  or  claiming  to  have  had  any  interest  therein; 
nor  shall  any  persons  licensed  under  the  terms  hereof  hide, 
conceal  or  stow  away  any  article  coming  into  his  posses- 
sion of  any  member  of  the  police  department  of  the  city  of 
St.  Paul. 

758.  Sec.  16.  Penalty. — Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof 
in  the  municipal  court  of  the  city  of  St.  Paul,  be  punished 
by  a  fine  of  not  less  than  twenty-five  ($25)  dollars  nor  more 
than  one  hundred  ($100)  dollars,  or  by  imprisonment  for  not 
less  than  twenty  (20)  nor  more  than  ninety  (90)  days,  and 
the  mayor  upon  such  conviction,  is  hereby  authorized  arid 
directed  to  revoke  any  license  which  may  have  been  granted 
under  the  terms  hereof. 

759.  Sec.  17.  Inconsistent  ordinances  'repealed. — All  or- 
dinances and  parts  of  ordinances  inconsistent  with  the  terms 
hereof  are  hereby  repealed. 

Sec.  18.  This  ordinance  shall  take  effect  and  be  in  force 
from    and    after    its    publication. 

PEDDLERS    AND    PEDDLERS'    LICENSES. 

(See,  also,  "Licenses.") 

Ordinance    No.    2151. 

(Approved  November  8,  1900.) 

760.  An    ordinance    specifying    certain    kinds    of    business 

conducted  in  the  City  of  St.  Paul  to  be  peddling, 
and  fixing  a  license  therefor  and  a  penalty  for  the 
violation  thereof. 

The  Common  Council  of  the   City  of  St.   Paul   do  ordain  as 

follows : 

Sec.  1.  Every  person  who  shall  sell,  or  offer  for  sale, 
any  goods,  wares,  fruits,  nuts,  candies,  groceries,   provisions, 


261 

vegetables,  or  other  articles  of  value,  or  barter  or  exchange 
the  same  at  any  point  or  place  within  the  city  of  St.  Paul 
other  than  upon  land  owned  or  leased  by  said  person,  or  at 
a  store  kept  by  said  person,  or  at  a  stand  at  one  of  the  public 
markets,  shall  be  deemed,  called  or  known  as  a  peddler,  and 
it  shall  not  be  lawful  for  any  such  person  to  sell  or  offer  for 
sale  any  goods,  wares,  fruits,  nuts,  candies,  groceries,  pro- 
visions, vegetables,  or  other  articles  of  value,  or  to  barter 
or  exchange  the  same  upon  or  along  the  streets,  avenues, 
alleys  or  other  public  places  within  this  city  without  first 
having  obtained  a  license  for  that  purpose,  as  hereinafter 
provided. 

761.  Sec.  2.  License  fees. — Any  person  may.  upon  pay- 
ment to  the  City  Treasurer  of  the  sum  of  five  dollars  ($5), 
and  presentation  to  the  City  Clerk  of  a  receipt  therefor,  re- 
ceive a  foot  peddler's  license,  permitting  such  person  to  sell 
upon  the  streets  articles  specified  in  section  1.  being  carried 
by  said  person  from  place  to  place  and  handled  by  him  in 
his  business  of  peddling  without  the  assistance  of  a  vehicle. 

Any  person  may,  upon  payment  to  the  City  Treasurer 
of  the  sum  of  twenty  dollar--  ($20),  and  presentation  to  the 
City  Clerk  of  a  receipt  theref  >r,  receive  a  license  per- 
mitting said  person  to  peddle  and  carry  from  place  to  place 
in  and  about  the  city  articles  specified  in  section  1  hereof  in 
a  vehicle  drawn  or  pushed  by  said  peddler. 

And  any  person  may,  upon  payment  of  the  sum  of  fifty 
dollars  ($50)  to  the  City  Treasurer  and  presentation  to  the 
City  Clerk  of  a  receipt  therefor,  receive  a  license  to  peddle. 

carry  or  sell  from  a  wagon  drawn  by  animal  power,  in  ami 
about  said  city,  any  of  the  articles  specified  in  see!  ion  1 
hereof. 

Provided,  however,  thai  no  person  shall  be  permitted  t<> 
use  more  than  one  wagon  under  each  license,  and   when  ac 
companied   by   more   than   one   person   .-in   additional   sun 
twenty  dollars  ($20)  shall  be  paid  for  each  additional  person 
sc  i  accompanying  said   wagon. 

In  addition  to  the  above  amount,  said  persons  shad  each 
pay  si  to  the  Cit)  Clerk  for  issuing  such  license. 

Such   license  and    fee  hereinabove    specified   shad   he   for 


268 

the  term  of  one  I  1  I  year  from  the  dale  of  the  issue  of  said 
license  and  shall  not  be  transferable  without  the  consent  of 
the   Common    Council. 

762.  Sec.  3.  Badge. — Any  person  who  shall  exercise  the 
vocation  of  a  peddler  thereunder  shall  display  by  badge  or 
card  on  his  or  her  basket,  cart,  wagon  or  other  vehicle,  in  a 
conspicuous  place,  the  number  of  his  or  her  license;  and  in 
case  a  peddler  uses  a  wagon  or  other  vehicle  drawn  by  animal 

'power,  there  shall  be  painted  in  a  conspicuous  place  thereon, 
in  a  color  plain  to  distinguish,  his  or  her  name,  in  letters 
not  less  than  one  (1)  inch  in  length,  sucb  badge  or  card  to 
be  furnished  to  each  such  licensed  person  by  the  City  Clerk. 

763.  Sec.  4.     Not  applicable  to  milk  and  cream  sellers. — 

The  provisions  of  this  ordinance  shall  not  apply  to  persons 
who  sell  only  milk  and  cream,  and  who  have  complied  with 
the  law  in  relation  to  the  selling  of  milk  in  said  city. 

764.  Sec.  5.  Meat  sales  forbidden. — No  person,  firm  or 
other  association  of  persons,  or  a  corporation,  shall  sell  meats 
by  peddling  the  same  upon  and  along  the  streets,  avenues, 
alleys  or  other  public  places  in  said  city,  or  from  house  to 
house  in  said  city,  or  otherwise,  or  in  any  manner  dispose 
of  their  meats  save  and  except  at  the  place  designated  in 
their  license. 

765.  Sec.  6.  Penalty. — Any  person  who  shall  violate  any 
of  the  provisions  of  this  ordinance  shall,  upon  conviction 
thereof,  be  fined  in  a  sum  of  not  less  than  ten  dollars  ($10) 
nor  more  than  one  hundred  dollars  ($100),  or  by  imprison- 
ment for  not  less  than  five  (5)  nor  more  than  eighty  (80) 
days. 

766.  Sec.  7.  Old  ordinances  repealed. — All  ordinances  or 
parts  of  ordinances  inconsistent  with  the  provisions  of  this 
ordinance    are    hereby   repealed. 

Sec.  8.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  the  passage,  approval  and  publication  thereof. 


260 

Ordinance  No.  2442. 
(Approved  April  12,  1904:.) 

767.  An   Ordinance  relating  to   peddlers'  licenses. 

The  Common  Council  of  the  City  of  St.  Paul   do  ordain  as 

follows :  ■ 

Sec.  1.  That  hereafter  all  applicants  for  a  license  to 
peddle  within  the  City  of  St.  Paul  shall  file  with  the  City 
Clerk  a  written  application  for  such  license,  in  which  he  shall 
correctly  state  the  nature  of  the  business  for  which  a  license 
is  desired,  and  his  full  name,  age  and  place  or  places  of  resi- 
dence for  the  past  five  years,  and  his  previous  occupation 
during  the  same  period,  and  if  he  has  ever  been  arrested  or 
convicted  for  a  violation  of  any  license  law  or  regulation, 
and  if  so,  when  and  where. 

768.  Sec.  2.  Application— Contents  of.— The  City  Clerk 
shall  not  hereafter  issue  any  peddler's  license  unless  the  said 
application  therefor  bears  the  written  indorsement  of  the 
Chief  of  Police, 'after  investigation  by  him,  that  the  applicant 
is  a  fit  person  to  receive  a  license,  without  first  referring  such 
application  to  the  Common  Council,  and  being  authorized  by 
resolution    so   to   do. 

It  shall  be  the  duty  of  the  Common  Council  to  investi- 
gate, consider  and  pass  upon  such  application  so  referred  to 
it  and  the  fitness  of  the  applicant  bb  receive  a  license. 

769.  Sec.  3.  Old  ordinances  to  stand. — This  ordinance 
shall  not  repeal  existing  license  ordinances,  except  in   so  far 

hey  are  inconsistent  with  the  terms  hereof,  and  hereafter 
it  shrill  be  unlawful  For  anyone  to  peddle  (as  the  same  is 
now  denied  by  existing  ordinances)  within  the  limits  of  said 
city  without  first  procuring  a  license  in  the  manner  herein 
prescribed. 

770.  Sec.  4.  Penalty. — Any  person  who  shall  violate  any 
of  the  pi  of  this  ordinance  shall  be  punished  by  a  line 
not  more  than  one  hundred  dollars  or  by  imprisonmenl  for 
noi   exceeding  thirty   (30)  days  for  each  offe] 

Sec  5.  This  ordinance  shall  taki  i  ffi  d  and  be  in  force 
from  and  after  its   passage,  approval  and  publication. 


870 

PETROLEUM,    GASOLINE,    NAPHTHA,    ETC. 

771.  Unlawful  to  store  or  keep  for  sale  crude  petroleum, 
etc.,  except  as  provided. —  It  is  hereby  declared  to  be  unlawful 
Eor  any  person,  persons,  firm,  or  corporation  to  store  or  keep 
for  sale  within  the  corporate  limits  of  the  City  of  St.  Paul 
any  crude  petroleum,  gasoline,  naphtha,  benzine,  camphine, 
spirit,  gas,  or  fluid  containing-  any  materials  of  an  explosive 
character  and  used  for  illumination  purposes,  except  in  the 
manner   hereinafter   provided. 

(Ord.  Xo.  1521,  approved  July  21.  1891,  §  1.) 

772.  Permit  from  board  of  fire  commissioners. — Xo  person 
or  persons,  firm  or  corporation  shall  keep  for  sale,  or  sell  by 
retail  in  any  building  within  the  City  of  St.  Paul,  any  of  the 
articles  mentioned  in  the  first  section  of  this  ordinance  with- 
out first  having  obtained  a  permit  so  to  do  from  the  board  of 
fire  commissioners  of  the  City  of  St.  Paul. 

(Id.  §  2.) 

773.  Permit  to  be  posted  on  premises. — Every  person  or 
persons,  firm  or  corporation  who,  having  received  a  permit 
to  keep,  store  or  sell  any  of  the  articles  mentioned  in  section 
one  ( 1 )  of  this  ordinance,  shall  post  such  permit  in  a  con- 
spicuous place  on  the  premises  so  used  for  the  storage  or 
sale  of  such  articles. 

(Id.  §  3.) 

774.  Board  of  fire  commissioners  may,  after  inspection, 
grant  permit,  with  consent  of  council. — The  board  of  fire 
commissioners  of  the  City  of  St.  Paul  shall  have  pow:er,  by 
and  with  the  consent  of  the  common  council,  upon  applica- 
tion, to  grant  a  permit  for  the  storage  and  sale  of  such 
articles  as  are  mentioned  in  the  first  section  of  Ordinance 
No.  1521;  provided,  however,  that  no  such  permit  shall  be 
granted  until  such  building  shall  have  been  inspected  by 
the  board  of  fire  commissioners,  or  any  person  acting  under 
their  authority,  and  certified  by  them  as  fireproof  and  fit  for 
the  storage  and  sale  of  such  articles  as  are  mentioned  in  the 
first    section    of   this   ordinance. 

(Id.    4,   as    amended    by   Ord.    Xo.    1552,   approved    Nov.    17, 

1891,  §  1.) 


271 

775.  Permit  for  buildings  exclusively  used  for  storing 
dangerous  liquids — Duration  of  permit — Special  permit — De- 
scription of  tanks. — Any  person  or  persons,  firm  or  corpora- 
tion having"  within  the  City  of  St.  Paul  a  fire-proof  building 
or  warehouse,  exclusively  used  for  the  storage  of  such  articles 
as  are  named  in  the  first  section  of  Ordinance  No.  1521,  and 
properly  ventilated  for  that  purpose,  may  apply  to  the  board 
of  fire  commissioners  of  said  city  for  a  permit  to  use  said 
building  for  such  purpose ;  and  if  such  permit  shall  be 
granted  by  said  board  of  fire  commissioners  and  the  com- 
mon council,  they  shall  state  therein  the  time  or  the  period 
in  which  said  building  shall  be  used  for  such  purpose,  which 
time  shall  in  no  case  exceed  one  (1)  year.  And  during  the 
time  such  permit  shall  remain  in  force  the  parties  using  such 
building  or  warehouse  shall  not  be  subject  to  the  provisions 
of  the  first  section  of  Ordinance  No.  1521,  provided  that  any 
person  or  persons,  firm  or  corporation  may  be  granted  a 
permit  by  said  board  of  fire  commissioners  to  store  not  ex- 
ceeding twenty-five  (25)  gallons  of  gasoline  in  a  galvanized 
iron  tank,  to  be  set  on  a  platform,  raised  at  least  eighteen 
(18)  inches  above  the  ground  and  so  as  to  give  free  circula- 
tion underneath  said  tank,  and  to  be  made  with  17-gauge 
galvanized  iron  with  double  lap-soldered  seams.  The  open- 
ing for  filling  said  tank  to  be  not  more  than  one  and  one- 
fourth  CI >4 )  inches  in  diameter,  and  to  be  made  of  iron 
piping  with  iron  screw  cap,  said  pipe  to  be  flanged  on  the 
inside  of  said  tank  and  soldered.  Provided,  further,  that  any 
person  or  persons,  firm  or  corporation  may  be  granted  a  per- 
mit by  said  board  of  fire  commissioners  to  store  not  exceed- 
ing fifty  (50)  gallons  gasoline  in  an  iron  tank,  to  he  made 
of  iron  not  lighter  than  No.  12  boiler  iron,  with  riveted  and 
corked  scams;  the  opening  for  filling  said  tank  to  be  not 
more  than  one  and  one-fourth  fl'|)  inches  in  diameter,  with 
iron  screw  cap  and  plug.  Said  tank'  shall  he  removed  and 
detached    from    all    other    buildings    at    least    ten    (10)    feet,    Or 

such  further  distance  as  may  he  deemed  advisable  by  the 
said  hoard  o\  fire  commissioners,  or  an)  person  acting  under 
their  authority,  who  shall  have  the  power  to  determine 
finally    whether   said    tanks,   buildings    and    warehouses   are 


2 ; 

constructed  and  located  in  accordance  with  the  provisions 
of  this  ordinance. 

776.  Board  of  fire  commissioners  may  enter  upon  prem- 
ises and  order  removal  of  tank. — The  hoard  of  fire  commis- 
sioners, or  any  person  acting  under  their  authority,  shall  at 
all  reasonable  times  be  at  liberty  to  enter  into  and  upon  any 
premises  used  for  the  storage  or  sale  of  any  of  the  articles 
mentioned  in  the  first  section  of  this  ordinance  whether  a 
permit  has  been  granted  or  not  for  the  purpose  of  inspecting 
the  said  premises :  and  the  board  of  fire  commissioners,  or 
any  one  acting  under  their  authority,  shall  have  power,  if 
they  deem  necessary,  to  order  the  removal  of  any  tank  or 
vessel  used  for  the  storage  of  any  of  the  articles  mentioned 
in  the  first  section  of  this  act  to  any  other  part  of  the  prem- 
ises or  off  the   said   premises. 

(Ord.  Xo.  1521,  approved  July  21,  1891,  §  6.) 

777.  Storing  or  selling  without  permit,  breach  of  ordi- 
nance.— Any  person  or  persons,  firm  or  corporation  using 
any  tank  or  vessel  for  the  purpose  of  storing  any  of  the 
articles  mentioned  in  section  one  (1)  of  this  ordinance,  or 
who  shall  sell  or  attempt  to  sell,  or  expose  for  sale,  or  who 
shall  leave  same  upon  his  or  their  premises  for  the  purpose 
of  sale  without  having  first  obtained  a  permit  so  to  do  shall 
be  guiltv  of  a  breach  of  this  ordinance. 

(Id.  §  7.) 

778.  Petroleum,  etc.,  not  to  be  kept  in  front  of  building, 
bow  long. — Xo  crude  petroleum,  gasoline,  naphtha,  benzine, 
camphine,  carbon  oil,  spirit  gas  or  burning  fluids  shall  be 
kept  or  stored  in  front  of  any  building  on  any  street,  alley, 
sidewalk,  wharf  or  lot  for  a  longer  time  than  is  sufficient 
to  receive  it  in  store  or  deliver  the  same,  and  in  no  case  shall 
such  time  exceed  twelve  (12)  hours,  and  shall  be  between 
the  hours  of  six  (6)  o'clock  a.  m.  and  six  (6)  o'clock  p.  m. 

779.  Petroleum,  etc.,  not  to  stand  on  railway  siding  or 
at  depot,  how  long. — Xo  person  or  persons,  firm  or  corpo- 
ration shall  leave  standing  on  any  railway  siding,  or  at  any 
depot  within  the  corporate  limits  of  the  City  of  St.  Paul, 
anv  of  the  articles  mentioned  in  section  1  of  this  ordinance 


for  a  longer  period  than  forty-eight  (48)   hours  after  arrival. 

(Id.  §  9.) 

780.  Penalty — Ordinance  repealed. — Any  person  or  per- 
sons violating  any  of  the  provisions  of  this  ordinance  shall 
be  punished  by  a  fine  not  to  exceed  the  sum  of  one  hundred 
dollars  ($100)  for  each  and  every  such  offense,  upon  con- 
•\  iction  before  the  municipal  court  of  this  city. 

All  ordinances  and  parts  of  ordinances  of  the  City  of  St. 
Paul  which  are  inconsistent  with  this  ordinance  be  and  the 
same  are  hereby  repealed. 

(Id.  §  10.) 

PIGEON-HOLE  TABLES. 

781.  License — Proviso. — Any  suitable  person,  upon  appli- 
cation made  to  the  mayor,  city  clerk  or  common  council  may 
receive  a  license  to  keep  a  pigeon-hole  table,  or  other  like 
table,  within  the  City-  of  St.  Paul,  at  any  house  or  saloon  in 
said  city,  upon  payment  to  the  city  treasurer  of  the  sum  of 
five  dollars  ($5),  such  house  or  saloon  to  be  designated  in  said 
license;  provided,  that  such  tabic  shall  not  be  used  for  the 
purpose  of  gaming.  No  license  shall  be  issued  by  the  city 
clerk  until  he  has  presented  to  him  the  city  treasurer's  receipt 
fi  »r  the  money.    . 

((  ird.  approved  <  >ct.  7,  L869,  in  Article  LI..  Municipal  Code  of 

1884,  §  1.) 

782.  Penalty. —  It"  any  person  or  persons  within  the  corpo- 
rate limits  of  said  City  of  St.  Paul,  without  having  a  license 
therefor,  as  provided  in  the  preceding  section,  shall  keep  at 
any  saloon  or  house  any  pigeon-hole  table,  or  an)  table  ol 
like  nature,  to  1"-  used  by  any  person  or  persons  except   the 

family    of    such    keeper,    or    shall    suffer    or    permit    any    game 

or  games  to  be  played  upon  any  such  table  for  money,  such 
person  or  persons  shall,  on  conviction  before  the  judge  of  the 
municipal  court,  be  lined  nol  less  than  five  dollars  ($5  i  nor 
more  than   twenty   dollars    ($20). 

(Id.  §  2.) 


■::  i 

POLES  AND  WIRES. 
(See,  also,  various  companies  owning  poles.) 

783.  Poles,  masts,  columns — Permission  of  council. — That 
after  the  passage  and  publication  of  this  ordinance  it  shall  be 
unlawful  for  any  person,  company  or  corporation  to  place  or 
erect  in  any  of  the  streets,  alleys  or  public  grounds  within 
the  City  of  St.  Paul,  any  pole,  mast  or  column,  either  of  wood, 
iron,  or  any  other  substance,  for  the  purpose  of  supporting 
or  carrying  wires  or  cables  for  the  transmission  of  electrical 
power  or  electrical  currents,  or  for  the  operation  of  tele- 
graphic or  telephonic  instruments,  or  for  any  other  purpose, 
without  having  first  applied  to  the  common  council  of  the 
City  of  St.  Paul,  and  having  obtained  special  permission  to 
erect   such   poles,   columns   or   masts. 

(Ord.  No.  1764,  approved  June  -1.  1894,  §  1.) 

784.  Application  for  permission,  in  writing — Resolution  or 
ordinance  to  state  street,  etc. — Any  person,  company  or  cor- 
poration desiring  permission  to  erect  or  place  any  of  the 
structures  mentioned  in  section  1  of  this  ordinance  in  any  of 
the  streets,  alleys  or  public  grounds  of  said  City  of  St.  Paul, 
may  apply  in  writing  to  the  common  council  for  such  per- 
mission, and  in  such  application  shall  definitely  state  particu- 
lar streets,  alleys  or  public  grounds  in  which  it  is  proposed  to 
erect  such  structures,  and  each  resolution  or  ordinance  here- 
after passed  permitting  the  erection  and  maintaining  of  any 
such  structure  or  structures  shall  designate  the  particular 
street,  alley  or  public  ground  in  which  the  same  are  to  be 
placed  or  erected. 

(Id.  §  2.) 

785.  Permits  revoked — Conflicting  ordinances  and  resolu- 
tions modified  and  amended — Proviso. — All  rights  and  per- 
mits heretofore  passed,  and  all  authority  heretofore  granted 
any  person,  company  or  corporation  to  erect  or  maintain  any 
of  the  structures  mentioned  in  section  1  of  this  ordinance,  in 
the  streets,  alleys  or  public  grounds  of  the  City  of  St.  Paul, 
are  hereby  revoked  and  rescinded,  and  all  ordinances  and 
resolutions  heretofore  passed  with  which  this  ordinance  shall 
conflict  are  herebv  modified  and  amended  so  as  to  conform 


2 ;  5 

to  the  provisions  hereof;  provided,  however,  that  no  provi- 
sion contained  in  this  ordinance  shall  be  construed  to  require 
any  of  the  persons,  companies  or  corporations  who  have  here- 
tofore  erected  poles  or  masts  in  any  of  the  streets,  alleys  or 
public  grounds  in  said  city  under  permission  from  the  com- 
mon council,  to  remove  the  same  until  such  time  as  the  com- 
mon council  shall  by  further  order  or  resolution  direct  such 
removal. 

(Id.  §  3.) 

Ordinance  No.  2044. 
I  Approved  May  5,  1890.) 

786.  An   ordinance  prohibiting   the   erection   of  any   poles 

or  stringing  of  wires  above  the  surface  of  certain 
portions  of  Wacouta  and  Minnesota  streets,  in  the 
City  of  St.  Paul,  and  requiring  all  existing  poles  and 
wires  to  be  removed  therefrom. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows  : 

Sec.  1.  Any  person  or  corporation  now  maintaining  any 
poles  or  wires  above  the  surface  of  the  ground  on  Minnesota 
street  from  the  north  line  of  Second  street  to  the  south  line 
of  Summit  avenue,  and  on  Wacouta  street  From  its  southerly 
terminus  to  the  smith  line  of  Eighth  street,  within  the  City 
of  St.  Paul,  is  hereby  required  and  directed,  within  thirty  (30) 
days  after  the  passage  of  this  ordinance  and  service  of  a  copy 
thereof  on  such  person  or  corporation,  to  remove  the  poles 
and  wires  so  maintained  by  such  person  or  corporation  from 
the  surface  of  such  portions  of  Minnesota  and  Wacouta  streets, 
and  place  such  wires  underground. 

787.  Sec.  2.  Underground  conduits. — Any  person  or  cor- 
poration 30  complying  with  the  provisions  of  section  one  I  I  ) 

•i.    ihall   have   the  right    to  COnstrUCl    and   maintain   on   said 

portions    of    Minnesota    and    Wacouta    streets    underground 

conduits   or   subways.     The   said   conduits   or   subways  shall 

lid  at   such  dista  om  the  curb  stone  on  said  streel 

hall   not   interfere  with  the  watei  sewer  and  other 

pipes  or  main-  already  in  said  and  all  said  conduits 


276 

ami  subways  shall  be  constructed  tinder  the  supervision  of 
the  City  Engineer  of  St.  Paul,  and  the  plan  and  details  of 
construction  of  such  conduits  and  subways  shall  be  submitted 
and  approved  by  said  engineer,  and  filed  in  his  office,  before 
any  such  conduit  or  subway  shall  be  constructed. 

788.  Sec.  3.  No  more  poles. — Xo  person  or  corporation 
shall  after  the  passage  of  this  ordinance,  erect  any  new  poles 
or  string  any  wires  above  the  surface  of  the  said  portions  of 
Minnesota   and   Wacouta   streets. 

789.  Sec.  4.  Clerk  to  serve  copies. — The  City  Clerk  is 
hereby  directed  at  once  to  serve  a  copy  of  this  ordinance  on 
each  of  the  persons  or  corporations  maintaining  any  poles  or 
wires  above  the  surface  of  said  portions  of  Minnesota  and 
Wacouta  streets. 

Sec.  5.  This  ordinance  shall  be  in  force  and  take  effect 
from  and  after  its  passage  and  publication. 

Ordinance  No.  2043. 
(Approved  May  4,  1899.) 

790.  An    ordinance    requiring    all    wires    and    poles    to    be 

removed  from  Cedar  street  and  to  be  placed  under- 
ground, and  prohibiting  the  erection  of  any  poles 
or  stringing  of  wires  on  the  surface  of  said  street. 

The  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows  : 

Sec.  1.  Any  person  or  corporation  now  maintaining  any 
poles  or  wires  on  Cedar  street  above  the  surface  of  the 
ground,  from  the  north  line  of  Second  street  to  the  south 
line  of  Como  avenue,  is  hereby  directed,  within  thirty  days 
after  the  passage  of  this  ordinance  and  service  of  a  copy 
thereof  on  such  person  or  corporation,  to  remove  the  poles 
and  wires  so  maintained  by  such  person  or  corporation  from 
the  surface  of  such  portion  of  Cedar  street,  and  place  the  said 
wires  underground. 

791.  Sec.  2.  Underground  conduits. — Any  person  or  cor- 
poration so  complying  with  the  provisions  of  section  one 
hereof,  shall  have  the  right  to  construct  or  maintain  on  said 


portion  of  Cedar  street  underground  conduits  or  subways. 
The  said  conduits  or  subways  shall  be  laid  at  such  distances 
from  the  curbstone  on  said  street  as  shall  not  interfere  with 
the  water,  gas  and  sewer  pipes  already  in  said  street,  and  all 
said  conduits  and  subways  shall  be  constructed  under  the 
supervision  of  the  City  Engineer  of  St.  Paul,  and  the  plan  and 
detail  of  construction  of  such  conduits  and  subways  shall  be 
submitted  to  and  approved  by  said  Engineer  and  filed  in  his 
office  before  any  such  conduits  or  subways  shall  be  con- 
structed. 

792.  Sec.  3.  No  new  poles. — No  person  or  corporation 
shall,  after  the  passage  of  this  ordinance,  set  up  any  new  poles 

-'ring  any  wires  above  the  said  portion  of  Cedar  street. 

793.  Sec.  4.  Clerk  to  serve  copies. — The  City  Clerk  is 
hereby  directed  to  at  once  serve  a  copy  of  this  ordinance  on 
each  of  the  persons  or  corporations  maintaining  any  wires  or 
poles  above  the  surface  of  the  street  on  said  portion  of  Cedar 
street. 

Sec.  5.     This  ordinance  shall  be  in  force  and  take  effect 
after   its   passage   and   publication. 

POLICE  DEPARTMENT. 
(See.  also,  City  Charter  provisions.) 

794.  Chief  cf  police  to  keep  record  of  arrests,  etc. — To 
exhibit  same  to  council  or  committee  when  requested. —  It  shall 
be  the  duty  of  the  chief  of  police  of  the  City  of  St.   Paul  to 

a  record,  in  a  book  to  be  prepared  for  thai  purpose,  of 
all  persons  arrested,  with  their  names,  their  place  of  residence, 
if  known,  the  time  when  arrested,  the  nature  or  name  <>\  the 
offense  with  which  they  are  charged;  if  committed  to  the 
workhouse  '>r  jail,  when  and  where  so  committed,  when, 
where,  and  before  whom  tried  or  examined,  whether  acquit- 
ted or  convicted,  the  amounl  of  line  or  length  <>f  imprison- 
ment, whether  -aid  fun-  was  paid  and  thi  int,  with  the 
amounl  o  paid  ami  to  whom.  And  he  shall  produce 
and  exhibil  said  book,  record  and  entries,  <>v  a  transcripl  "f 
tin-  same,  to  the  common  council,  or  any  committee  thereof. 


278 

when  so  requested  by  said  council,  or  by  any  committee 
thereof. 

(Orel.  Xo.  139,  approved  Sept.  16,  1884,  §  1.) 

795.  Record  to  be  referred  to  committee  on  public  accounts. 
— It  shall  be  the  duty  of  the  common  council  to  refer  the  said 
book,  record  and  entries,  or  the  transcript  of  the  same,  re- 
ported by  the  chief  of  police,  and  the  reports  of  the  clerk  of 
the  municipal  court,  to  the  committee  on  public  accounts, 
which  shall  carefully  examine  the  same  and  report  the  result 
monthly   to   the   council. 

(Id.  §  2.) 

796.  Policemen  to  report  to  chief,  defective  sidewalks,  dan- 
gerous buildings  and  places. — Hereafter  it  shall  be  the  duty 
of  every  police  officer  of  the  city  to  report  to  the  chief  of 
police  every  evening,  at  the  city  hall,  any  defect  noticed  in 
any  sidewalk  in  said  city,  or  any  dangerous  structures,  build- 
ing, bridge,  excavation,  ditch,  cellar,  walls  or  sewers,  or  any 
dangerous  places  likely  to  cause  accidents  or  injury  to  any 
citizen  of  the  city. 

(Id.  §  3.) 

797.  Chief  to  enter  report  in  book,  etc. — Upon  such  report 
being  so  made  to  said  chief  of  police  he  shall  enter  the  same 
in  a  book  to  be  kept  for  that  express  purpose,  noting  the 
street,  block,  ward  and  the  name  of  the  officer  making  the 
report,  which  book  shall  be  open  at  all  times  to  the  inspection 
of  the  public  officers  of  the  citv. 

(Id.'§  4.) 

798.  Street  inspectors  to  inspect  reports  and  repair  side- 
walks or  dangerous  places,  or  put  up  notice. — It  shall  be  the 
duty  of  the  street  inspectors  of  each  district  to  call  at  the  city 
hall  every  morning  and  inspect  said  police  reports,  and  then 
proceed  to  repair,  or  cause  to  be  repaired,  said  sidewalks  or 
dangerous  places  in  streets  or  elsewhere  at  once,  or  put  up 
some  distinct  notice  to  warn  or  guard  the  public  against  such 
defect  or  danger. 

(Id.  §  5.) 

799.  Defect  existing  for  more  than  twenty-four  hours  with- 
out being  reported  prima  facie  proof  of  neglect  of  duty — Po- 


279 

licemen  to  be  removed. — If  any  such  defects  in  sidewalks  or 
other  places  or  things  as  is  named  in  this  ordinance  shall  exist 
for  more  than  twenty-four  (24-)  hours  within  the  beat  of  any 
policeman,  without  being  reported  as  herein  provided  for,  it 
shall  be  prima  facie  proof  of  neglect  of  duty  of  such  policeman, 
and  the  mayor  shall  promptly  remove  such  officer  and  appoint 
another   in    his   place. 

(Id.  §  6.) 

800.  Police  to  put  up  warning  notice  at  dangerous  or  de- 
fective place — Notify  occupant  and  owner  to  keep  light  and 
guard — Penalty. — Whenever  any  policeman  observes  a  de- 
fective sidewalk,  obstruction,  ditch,  excavation,  dangerous 
building,  bridge,  sewer  or  other  dangerous  place  likely  to 
cause  accidents  or  injury  to  the  citizens,  he  shall  put  up 
promptly  a  notice  at  the  place,  thus:  "Look  out  for  danger," 
and  see  that  such  notice  is  kept  there  until  the  danger  is 
removed,  and  shall  at  the  same  time  notify  the  occupant  and 
owner  of  the  adjoining  premises  to  keep  a  light  and  guard 
constantly  by  night  to  avoid  danger,  and  if  any  owner  or 
occupant  of  a  lot  or  lots,  or  building  or  buildings  fronting 
such  dangerous  places  shall  neglect  to  observe  and  keep  these 
police  regulations,  he,  she,  or  they  shall  be  complained  against 
by  the  policeman  on  that  beat,  or  by  any  one  else,  to  the  judge 
of  the  municipal  court,  and  on  conviction  shall  pay  a  fine  of 
nol  exceeding  one  hundred  dollars  ($100). 

(Id.  §  7.) 

801.  Penalty  for  obstructing  police. — If  any  person  shall 
resisl  or  obstrucl  the  chief  of  police,  or  any  of  the  subordi- 
nate police  or  watchmen  in  the  performance  of  his  or  their 
duties,  the  person  or  persons  so  offending  shall,  upon  convic- 
tion thereof,  be  fined  in  any  sum  nol  exceeding  one  hundred 
dollars  ($100),  and  to  which  may  be  added  imprisonment  nol 
exceeding  thirty    |  30  i    days. 

I  Id.  §  8.) 

802.  Police  to  wear  shield. — Thai  each  member  of  the 
police  force  of  the  City  of  St.  Paul  shall  be  required  to  v 

a  shield,  the  form  and  size  of  which  shall  be  designated  by 
the   mayor  and   chief  of  police. 


280 

803.  Unlawful  for  anyone  to  wear  shield  resembling  police 
shield — Penalty. — That  it  shall  be  unlawful  for  any  person 
whomsoever  to  wear  in  the  city  of  St.  Paul  a  shield  in  any 
manner  resembling  the  shield  designated  to  be  worn  by  the 
policemen  of  this  city,  and  whosoever  wears  a  shield  in  any 
manner  resembling  the  shield  designated  to  be  worn  by  the 
policemen  of  this  city  shall  be  guilt}'  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  a  sum  not  less  than 
five  dollars   ($5)   or  more  than  one  hundred  dollars   ($100). 

(Id.  §  2.) 

804.  Twelve  days'  vacation  for  each  member  of  depart- 
ment— Proviso. — That  the  mayor  and  chief  of  police  of  the 
City  of  St.  Paul  be  and  they  are  hereby  requested  to  adopt 
such  rules  and  regulations  for  the  government  and  control 
of  the  police  department  of  the  City  of  St.  Paul  so  that  each 
member  and  all  employes  of  said  department,  in  whatsoever 
capacity,  shall  have  twelve  days'  vacation  during  the  year, 
in  which  they  shall  not  be  required  to  perform  police  duty; 
provided,  however,  that  the  members  of  said  department  shall 
not  have  to  exceed  at  any  one  time  five  days'  vacation,  unless 
there  are  special  circumstances  requiring  it,  and  the  chief  of 
police  shall  so  order. 

(Ord.  No.  1663,  approved  March  7,  1893.  §  1.) 

805.  City  Prison — Location. — The  city  prison  is  hereby 
located  and  established  in  the  lower  part  or  first  story  of  the 
city  hall,  at  the  corner  of  Washington  and  Fifth  streets,  in 
the    City   of   St.    Paul. 

i  (  >nl.  No.  411,  approved  June  17,  1884,  §  1.)  [The  city  jail  is 
now  located  on  part  of  lot  1,  block  18,  Rice  &  Irvine's 
Addition  (being  on  the  north  side  of  Third  street  east  of 
Washington),  pursuant  to  lease  dated  July  13,  1891,  and 
running  five  years  from  and  after  Aug.  1,  1891,  which  has 
been  renewed  until  Aug.  1,  1907.] 

806.  City  prison  keeper  to  be  appointed  by  council — Duty. 
— There  shall  be  appointed  by  the  common  council  a  keeper 
of  the  city  prison  of  the  City  of  St.  Paul,  wdiose  duty  it  shall 
be  to  receive  into  his  custody,  and  safely  keep  in  said  prison 


2S1 

all  persons  committed  thereto  for  any  cause  authorized  by 
law. 

(Id.  §  2.) 

807.  Prison   and   prisoners    to   be   kept   clean — Water   and 

meals. — The  said  prison  keeper  shall  see  that  the  same  is  con- 
stantly kept  in  a  cleanly  and  healthful  condition,  and  that 
strict  attention  is  constantly  paid  to  the  personal  cleanliness 
of  the  prisoners,  as  far  as  can  be;  each  prisoner  shall  be  fur- 
nished daily  with  as  much  clean  water  as  he  may  have  occa- 
sion for,  either  for  drink  or  his  personal  cleanliness,  and  shall 
be  served  three  times  a  day  with  wholesome  food,  which  shall 
be  well  cooked  and  in  sufficient  quantity. 

(Id.  §  3.) 

808.  Prison  keeper  to  keep  register  of  persons  committed. 
— The  said  keeper  shall  keep  a  true  and  exact  calendar,  or 
register,  of  all  persons  committed  to  said  prison,  in  a  book 
to  be  provided  for  that  purpose,  at  the  expense  of  the  city, 
in  which  shall  be  entered  the  names  of  all  persons  committed 
1"  said  prison,  their  place  of  abode,  the  time  of  their  com- 
mitment, and   the   cause   thereof. 

(  Id.   §    l.i 

809.  Central  police  station — Janitor — Appointment — Com- 
pensation.— That  tin-  mayor  be  and  he  is  hereby  authorized 
and  empowered  to  appoint  a  janitor,  who  shall  be  stationed 
at  and  perform  duty  at  the  central  police  station.  Said  jani- 
tor shall  receive  as  compensation  for  his  services  the  sum  of 
fifty  dollar-  ($50)  per  month,  and  shall  be  paid  monthly  the 
same  as  other  city  officers  and  employes. 

1  Md.  No.  1  HO,  approved  Sept.   16,  L890,  S§   |,  ■>.) 

810.  Police  van  driver — Compensation — (See  Ordinance 
2468,  following). — That  the  salarj  and  compensation  of  the 
owner  and  driver  of  the  team  and  wagon  used  for  conveying 

M-  to  and  from  the  municipal  court  and  St.   Paul  work- 
house, for  his  services  and  for  the  use  of  his  team  and  w  .i 
used  for  such  purpose,  be  and  the  same  is  hereb}   fixed  al  the 
sum  of  one  hundred  dollars   ($100)   per  month,  the  sam< 
date  Mom  the  first  daj   of    August,    V   I  >.   1892. 
(i  'id.  \'o.  L615,  approved  Sept.  8,  1892, 


282 

811.  Margaret,  Ducas  and  Rondo  streets  police  stations — 
Additional  jailers  and  patrol  wagon  drivers. — That  the  mayor 
b(  and  he  is  hereby  authorized  and  empowered  to  appoint  an 
additional  jailor  and  a  patrol  wagon  driver  at  the  Margaret 
street  police  station,  at  the  Ducas  street  police  station,  and 
at  the  Rondo  street  police  station. 

(Ord.  Xo.  1367,  approved  July  1,  1890,  §  1.) 

812.  Prior  avenue  police  station — Additional  jailer. — That 
the  mayor  he  and  he  is  hereby  authorized  and  empowered  to 
appoint  an  additional  jailer  at  the  Prior  avenue  police  station. 

(Ord.  No.  1387,  approved  Aug.  19,  1890,  §  1.) 

Ordinance  No.  2468. 

(Approved  Aug.  24,  1904.) 

813.  An  ordinance  to  provide  for  the  custody,  maintenance 

and  operation  of  the  workhouse  van  in  the  City  of 
St.  Paul. 

The  Common  Council  of  the   City  of  St.   Paul   do  ordain  as 

follows : 

Sec.  1.  That  from  and  after  the  15th  day  of  January, 
1905,  the  Board  of  Workhouse  Directors  of  the  City  of  St. 
Paul  shall  have  the  care  and  custody  of  the  workhouse  van, 
and  shall  provide  for  the  proper  maintenance  and  operation 
of  the  same,  for  the  conveying  of  persons  to  and  from  the 
Municipal   Court  and  the  St.  Paul  AYorkhouse. 

814.  Sec.  2.  Team  and  driver. — The  Board  of  "Workhouse 
Directors  shall  provide  a  team  and  driver  for  said  wrorkhouse 
van.  and  shall  fix  the  compensation  to  be  paid  for  such  team 
and  driver,  or  either  of  them  ;  said  compensation  to  be  paid 
from  the  "Workhouse  Fund." 

Sec.  3.  Chief  to  detail  guard. — The  Chief  of  Police  shall 
detail  a  police  officer  to  act  as  guard  or  conductor  for  said 
workhouse  van. 

815.  Sec.  4.  To  transfer  the  van. — The  Board  of  Police 
Commissioners  shall,  on  or  before  the  15th  day  of  January, 
1905,  transfer  and  turn  over  to  the  Board  of  Workhouse  Di- 
rectors the  workhouse  van,  now  in  the  custody  of  the  Board 
of  Police  Commissioners. 


816.  Sec.  5.  Old  ordinances  repealed. — All  ordinances,  or 
parts  of  ordinances,  contravening  the  provisions  of  this  ordi- 
nance   are    hereby   repealed. 

Sec.  6.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

Ordinance  No.  1872. 

(Approved  May  18,  1896.) 

817.  An  Ordinance  requiring  of  the  police  force  to  report 

accidents  to  the  Corporation  Attorney. 

The  Common   Council  of  the   City  of  St.   Paul  do  ordain   as 

follows : 

Sec.  1.  That  it  is  hereby  made  the  duty  of  each  patrol- 
man of  the  police  force  of  the  City  of  St.  Paul  to  report,  at 
his  first  opportunity,  each  and  every  accident  occurring  within 
the  territory  included  within  the  beat  of  such  patrolman  to 
the  captain  of  his  station,  in  which  report  the  patrolman  shall, 
if  possible,  give  the  name  and  residence  of  the  injured  person, 
the  place  of  injury,  and  such  facts  regarding  the  accident  as 
he  may  be  able  to  obtain. 

818.  Sec.  2.  Duties  of  police  captains. — It  is  hereby  made 
the  duty  of  each  police  captain  to,  at  his  earliest  opportunity, 
convey  such  information  regarding  any  accident  as  he  may 
receive  from  the  patrolman  of  his  district,  or  otherwise,  to 
the  Ci  >rpi  »ration  Attorney. 

Sec.  '■'>.  This  ordinance  shall  take  effect  and  he  in  force 
from    and    after    its    passage. 

POLICE  PATROL  TELEGRAPH. 

819.  Superintendent  to  be  elected  by,  and  hold  at  pleasure 
of,  council — Qualifications — Compensation. — There  shall  be 
elected  by  the  common  council  of  the  City  of  Si.  Paul,  before 
and  after  tin-  publication  of  this  ordinance,  a  superintended 
of  the  police  patrol  telegraph  system  ,,f  the  Cit\  of  Si.  Paul, 
who  shall  be  a  person  capable  of  constructing,  altering  and 
repairing   the  said  telegraph,  and  also  of  working   the  same 

promptly   and    withoul    delay.    \\h<»   shall    hold    tliis    position    as 

such  superintendent  during  the  pleasure  of  the  common  coun 

cil.  Tin-  salary  of  such  superintendent  shall  be  tin-  sum  of 
two    thousand    five    hundred    dollars    ($2,500)    ($3,200.     See 


28  I 

chap.  382,  Special  Laws  Minn.   1881  )   per  annum,  and  at  that 
per  annum   while  holding  and   discharging  the   duties  of 
superintendent   aforesaid. 

(<  >rd.  No.  517,  approved  May  26,  1885,  §  1.) 

820.  Superintendent — Duties. — The  duties  of  the  superin- 
tendent of  police  patrol  telegraph  system  of  St.  Paul  shall  be 
the  taking  charge  of  said  system,  and  every  part  and  portion, 
and  also  furnish  all  the  necessary  jars,  zinc,  coppers,  blue 
vitriol,  sulphate  zinc,  and  everything  pertaining  to  the  same, 
For  both  main  line  and  local  batteries.  Also  furnish  all  the 
register  paper,  rolls,  bells  for  the  instruments,  and  keep  in 
good  order  all  instruments,  boxes  and  lines  that  are  now 
built,  or  that  may  be  hereafter  built  and  put  in  service.  Also, 
change  any  lines  that  may  be  ordered  changed  by  the  com- 
mon council.  Also,  set  or  reset  any  stations,  and  furnish  and 
provide  the  necessary  persons  at  his  own  cost  and  expense  for 
doing  the  work,  and  said  superintendent  shall  either  by  him- 
self, or  by  a  competent  person  by  him  provided,  be  on  duty 
and  in  charge  of  all  the  instruments  connected  with  said  po- 
lice patrol  telegraph  system,  both  day  and  night,  and  at  all 
times. 

(Id.  §  2.) 

821.  City  furnish  material  for  new  lines  and  make  excava- 
tions for  new  poles. — The  City  of  St.  Paul  is  to  furnish  all  the 
material  for  new  lines,  such  as  poles,  wires,  cross-arms,  in- 
sulators, brackets,  and  shall  also  make  the  necessary  excava- 
tions for  setting  new  poles. 

(Id.  §  3.) 

822.  Superintendent    to    execute    orders    of    council. — The 

superintendent  of  the  police  patrol  telegraph  system  shall,  in 
addition  to  the  other  duties  hereinabove  prescribed,  also  exe- 
cute all  orders  of  the  common  council  of  St.  Paul  pertaining 
to  the  telegraph  and  electric  lines,  on  either  of  them  now  in. 
or  that  may  hereafter  be  built  in  the  City  of  St.  Paul,  and  as 
directed  and  recptired  by  the  common  council  of  the  City  of 
St.  Paul. 

(Id.  §  4.) 


285 

PLAYGROUNDS. 
Ordinance  No.  2498. 

i  Approved  Feb.  18,  1905.) 

823.  An    ordinance    establishing    playgrounds    and    places 

of  recreation  for  children  in  the  City  of  St.  Paul, 
and  providing  for  the  regulation  and  maintenance 
thereof. 

The   Common  Council  of  the  City  of  St.   Paul  do  ordain   as 

follows  : 

Sec.  1.  There  is  hereby  established  a  public  playground 
in  the  City  of  St.  Paul,  upon  the  following  described  tracts  of 
land,  to-wit:  Lots  eleven  (11),  twelve  (12)  and  thirteen  (  L3) 
and  the  easterly  one  hundred  (100)  feet  of  lots  eight  (8),  nine 
(9)  and  ten  (10),  all  in  Dawson's  Subdivision  of  the  north 
half  i  X.   l/j)  of  block  twenty-nine  (29),  of  Lafond's   Addition 

i.   Paul. 

824.  Sec.  2.    Jurisdiction  of  Park  Board. — The  public  pla) 
ground  hereby  established,  or  which  may  hereafter  be  estab 
lished,  shall  be  operated  and  maintained  under  the  direction 
and  supervision  of  the   Board  of  Park  Commissioners  of  the 

of  St.  Paul,  and  shall  be  free  of  access  t<>  all  the  children 
of  the  City  of  St.  Paul,  at  such  times  and  under  such  restric- 
tion-- a--  shall  he  prescribed  by  said  Board  of  Park'  Commis- 
sioners; provided,  however,  that  no  fee  or  charge  shall  ever 
In-  made  for  the  use  of  said  playground,  or  of  an)  of  the 
apparatus  or  appurtenances  thereunto  belonging. 

825.  Sec.  3.  Cost  and  maintenance. — The  cosl  and  expense 
of  the  establishment,  maintenance  and  operation  of  (lie  play- 
ground hereby  established,  and  of  any  other  playgrounds 
which   may  hereafter  he  established,  shall  he  defrayed   from 

moneys  to  he  derived  from  taxation,  and  which  shall  he 
designated  as  the  "Playgrounds  \.ccoun1  of  the  General 
Fund,"  and  said  Board  of  Park  Commissioners  shall  keep  and 
administer  said  "Playgrounds   Account,"  separate  and  distinct 

from    the    Park    Fund. 

826.  Sec.  4.  "Playgrounds  Committee." — The  Mayor  of 
tin-  City  of  St.  Panl  shall,  on  "i"  before  Hie  firsl   Monda)    in 


286 

.March  of  each  year,  appoint  a  committee  of  three  persons, 
who  shall  be  residents  of  the  City  of  St.  Paul,  which  com- 
mittee shall  be  known  as  the  Playgrounds  Committee,  and 
shall  act  in  an  advisory  capacity  to  the  Board  of  Park  Com- 
missioners  aforesaid  on  all  matters  which  relate  exclusively 
to  public  playgrounds.  The  members  of  such  committee  shall 
receive  no  compensation  for  their  services. 

827.  Sec.  5.  Supervisor. — The  Board  of  Park  Commis- 
sioners shall  appoint  a  supervisor  of  playgrounds,  and  such 
assistants  and  other  help  as  shall  be  necessary  for  the  proper 
regulation,  supervision,  maintenance  and  protection  of  the 
public  playgrounds,  apparatus  and  appurtenances  thereto  be- 
longing, and  shall  prescribe  their  duties  and  fix  the  compen- 
sation to  be  paid  to  him  and  said  assistants  and  help.  The 
supervisor  shall  devote  all  of  his  time  during  his  said  em- 
ployment to  the  performance  of  his  duties  so  prescribed. 

828.  Sec.  6.  Rules  and  regulations. — The  Board  of  Park 
Commissioners  shall  adopt  and  enforce  rules  and  regulations 
not  inconsistent  with  the  provisions  of  this  ordinance,  to  se- 
cure the  orderly  and  suitable  use  and  proper  regulation  and 
protection  of  such  playgrounds. 

Sec.  7.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

PREMISES— UNSANITARY. 
Ordinance  No.  2419. 

(Approved  Jan.  11,  1904.) 

829.  An  ordinance  providing  for  the  placarding  of  premises 

in  an  unsanitary  condition. 

The   Common  Council  of  the  City  of  St.  Paul  do  ordain  as 

follows : 

Sec.  1.  That  in  all  cases  where  a  nuisance  shall  be  found 
in  any  building  or  upon  any  grounds  or  premises  within  the 
jurisdiction  of  the  City  of  St.  Paul,  and  the  said  nuisance  is 
not  abated  within  thirty-six  (36)  hours  after  a  written  notice 
from  the  Commissioner  of  Health  or  the  Assistant  Commis- 
sioner of  Health,  to  the  owner  or  agent  of  such  building  or 


281 

premises  to  abate  such  nuisance,  then  it  shall  be  the  duty  of 
the  Commissioner  of  Health,  when  in  his  judgment  the  nui- 
sance shall  be  such  as  to  render  the  occupancy  of  such  build- 
ing- or  premises  dangerous  or  unhealthy,  to  place  upon  such 
building  or  premises  a  placard  warning  the  public  that  such 
building  or  premises  are  unhealthy  and  should  not  be  occupied 
until  placed  in  a  sanitary  condition. 

830.  Sec.  2.  Penalty. — That  any  person  who,  without 
written  authority  from  the  Commissioner  of  Health,  shall 
remove  or  induce  another  to  remove  any  placard  placed  upon 
premises,  as  is  hereinbefore  provided,  shall,  upon  conviction 
thereof,  be  subject  to  a  fine  of  not  less  than  five  dollars  ($5) 
nor  more  than  one  hundred  dollars  ($100),  or  by  imprisonment 
in  the  workhouse  for  not  less  than  five  (5)  days  nor  more  than 
ninety   (00)   days. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

PRINTING. 

Ordinance  No.  2304. 

(Approved  August  22,  1902.) 

831.  An   Ordinance  regulative  of  the  public  printing,  and 

to   provide   for   the    Joint    Committee   on    Printing, 
with  an  expert  assistant. 
The  Common   Council  of  the   Cit\    of  St.   Paul   do  ordain  as 

follows : 

See.  1.  That  as  contemplated  in  and  by  the  terms  ol 
Section  8,  Chapter  1,  of  the  Charter  of  the  City  of  St.  Paul, 
there  be  and  is  hereby  established  and  provided  for  a  joinl 
committee  of  the  Common  Council  to  consist  of  five  members, 
who  shall  be  appointed  on  the  firsl  Tuesday  of  June  in  each 
year,  or  as  soon  thereafter  as  is  practicable,  by  the  Presidenl 
of  the  Common  Council,  and  which  shall  be  known  as  the 
Joinl  Committee  on  Printing,  ;m\  other  ordinance,  resolu- 
tion, rule  or  regulation  of  the  said  Common  Council,  or 
either  branch  thereof,  to  the  contrary  notwithstanding,  and 
which  shall  have  the  powers  and  duties  in  and  by  the  terms 


888 

oi  said  charier  and  this  ordinance  imposed  and  conferred, 
and   no   other-. 

(As  amended  by  Ord.  3322,  approved  Oct.  23,  1902.) 

832.  Sec.  2.  Requisition  for  supplies. — Each  and  every 
department  of  the  city  shall  hereafter  file  with  the  City  Clerk, 
on  or  hefore  the  first  and  sixteenth  days  of  each  and  every 
mn nth.  for  consideration  and  approval  by  the  said  joint  com- 
mittee on  printing,  its  separate  request  for  matter  and  work 
in  the  nature  of  printing  that  may  be  required  by  it  under 
and  pursuant  to  the  provisions  of  law  now  or  hereafter  in 
force  during  the  next  succeeding  two  weeks. 

833.  Sec.  3.  Clerk  to  file  requisitions. — The  City  Clerk 
shall  be,  and  he  is  hereby  required  to  place  the  requests,  and 
any  specifications  that  may  be  filed  therewith,  as  hereinbefore 
contemplated,  and  all  matter  in  the  nature  of  printing  so  con- 
templated on  file  and  open  to  public  inspection  and  examina- 
tion, and  any  person,  firm  or  corporation  may  thereupon  ex- 
amine the  same  and  submit  bids  for  the  doing  of  the  work 
therein  and  thereby  contemplated  and  required  as  hereinafter 
provided. 

834.  Sec.  4.  Bids  for  work  over  $200. — The  said  joint  com- 
mittee shall  be  without  the  power  to  request  or  consider  bids 
for  the  doing  of  work  in  a  sum  in  excess  of  $200,  except  as 
may  be  hereafter  by  ordinance  duly  provided,  but  it  shall  be 
the  duty  of  the  City  Clerk  to  receive  all  bids  filed,  as  herein- 
before contemplated,  for  the  doing  of  the  work  requested  and 
provided  for  on  the  first  day  of  each  month  up  until  the  hour 
of  two  o'clock  in  the  afternoon  of  the  fourth  day  of  each 
month,  and  for  the  doing  of  the  work  so  requested  on  the 
fifteenth  day  of  each  month  up  until  the  hour  of  two  o'clock 
in  the  afternoon  of  the  eighteenth  day  of  each  month,  unless 
either  of  said  days  shall  fall  upon  a  Sunday,  and  in  that 
event  he  shall  be  required  to  receive  bids  until  the  hour  of 
two  o'clock  on  the  following  Monday  in  each  instance ;  and  the 
joint  committee  hereinbefore  provided  for  shall  meet  on  the 
said  fourth  and  eighteenth  days  of  each  and  every  month, 
and  if  either  of  said  days  shall  fall  upon  a  Sunday,  then  upon 
the   following  Monday,   at  four  o'clock  in  the   afternoon,  for 


289 

the  consideration  of  any  and  all  bids  so  submitted,  and  direct 
the  work  to  be  done  by  the  lowest  responsible  bidder. 

835.  Sec.  5.  Same  (See,  also,  City  Charter). — Whenever 
any  bills  are  presented' for  the  doing  of  work  or  the  furnishing 
of  material  not  furnished  or  provided  pursuant  to  any  action 
of  the  Common  Council  which  may  be  taken  in  the  premises, 
in  the  nature  of  printing,  each  and  all  of  said  bills  shall  first 
be  presented  at  the  office  of  the  City  Clerk  and  be  by  him 
referred  to  the  said  Joint  Committee  on  Printing  for  audit 
and  allowance;  and  it  shall  be  the  duty  of  the  said  Joint  Com- 
mittee on  Printing  to  examine  the  same  and  approve  or  allow 
the  said  bills  only  as  they  may  be  found  to  be  in  accordance 
with  the  awards  so  by  it  first  made. 

836.  Sec.  6.  Expert  printer. — The  joint  committee  here- 
inbefore provided  for  may.  and  it  is  hereby  empowered  to, 
call  in  for  its  advice  and  assistance  an  expert  on  printing  to 
be  selected  by  it.  the  said  Joint  Committee  on  Printing,  whose 
appointment  shall  thereupon  be  certified  both  to  tl)e  City 
Clerk  and  to  the  City  Comptroller,  and  whose  compensation 
is  hereby  fixed  from  month  to  month  and  during  the  year  of 
the  said  Common  Council,  at  the  sum  of  $25  per  month,  to  be 
paid  out  of  the  printing  and  stationery  fund,  as  the  same  is 
provided    for   by   taxation. 

I  As  amended  by  (  >rd.  \o.  2322,  approved  <  )ct.  23,  1902. 1 

~. .  This  ordinance  shall  lake  effect  and  lie  in  force 
from  and  after  its  passage,  approval  and  publication  as  re- 
quired by  law. 

PRIVIES,  OUTHOUSES,  CESSPOOLS. 

Ordinance  No.  2455. 

i  Appr<  >\  ed  Jul)   8,   L90  1. 1 

837.  An  ordinance  relating  to  privies,  outhouses  and  cess- 

pools. 
The  Common  Council  of  the  City  of  St.    Paul  do  ordain  as 

f(  >llows  : 

See.  I.  Thai  hereafter  it  shall  be  unlawful  for  an)  owner, 
agenl  for  or  occupanl  of  an)  premises,  or  an)  other  person,  to 
fill  or  cause  to  be  filled,  the  vaull  of  an)   pri\  j  or  outhou 


390 

any  cesspool,  upon  or  connected  with  any  premises  in  the  City 
L*i  St.  Paul,  without  first  removing  the  contents  of  such  vault 
or  cesspool,  under  such  rules  and  regulations  as  arc  provided 
by  the  existing  ordinances  of  said  City,  except  when  such  fill- 
ing is  done  under  permit  from,  and  to  the  satisfaction  and  ap- 
proval of  the  Commissioner  of  Health  of  said  City. 

838.  Sec.  2.  Authorize — Commissioner  to. — The  Commis- 
sioner <4  Health  may  authorize  the  filling  of  any  vault  or  cess- 
pool without  the  removal  of  the  contents  thereof,  whenever 
the  covering  of  the  contents  will  be  of  sufficient  depth  to 
prevent  such  contents  from  being  or  becoming  a  nuisance. 

839.  Sec.  3.  Penalty. — Any  person  who  shall  violate  any 
of  the  provisions  of  this  ordinance  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  more  than  one  hundred  dollars  or  by  imprison- 
ment for  not  more  than  thirty  days  for  each  offense. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

PUBLIC  BATHS. 
Ordinance  No.  2066. 

(Approved  August  19,  1899.) 

840.  An  Ordinance  establishing  public  baths  in  the  City  of 

St.  Paul  and  providing  for  the  regulation  and  main- 
tenance thereof. 

The   Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  There  are  hereby  established  on  Wakan  Island, 
between  Wabasha  and  High  Bridge,  in  the  Mississippi  river, 
at  a  proper  and  suitable  place  on  such  island  to  be  designated 
by  the  Commissioner  of  Health,  public  baths. 

841.  Sec.  2.  Baths  established. — The  public  baths  hereby 
established  shall  be  operated  and  maintained  under  the  direc- 
tion and  supervision  of  the  Department  of  Health  of  the  City 
of  St.  Paul,  and  shall  be  open  and  free  of  access  to  every  per- 
son in  the  City  of  St.  Paul  on  every  day  of  the  months  of 
May,  June,  July,  August  and  September  of  each  year,  from 


291 

the  hours  of  six  a.  m.  to  ten  p.  m.,  and  no  other  fee  or  charge 
shall  be  made  for  the  use  thereof  except  as  hereinafter  pro- 
vided. 

842.  Sec.  3.  Separate  pools  for  sexes. — There  shall  be  sep- 
arate provisions  made  for  persons  of  the  opposite  sexes,  and 
the  baths  for  women  shall  be  separated  from  those  for  men 
by  suitable  partitions,  and  all  of  said  baths  or  bathing  space 
shall  be  enclosed  by  stockades  or  other  suitable  means  of  en- 
closure sufficient  to  protect  the  persons  using  them  from  the 
danger  of  being  carried  away  by  the  current  of  the  river. 

843.  Sec.  4.  Contagious  diseased  persons  prohibited. — No 
person  shall  be  permitted  to  use  the  baths  who  is  afflicted  with 
any  contagious  or  loathsome  disease,  nor  shall  any  person  be 
permitted  to  use  loud,  abusive,  indecent  or  profane  language 
in,  at  or  near  the  baths. 

844.  Sec.  5.  Attendants — Employment  of. — The  Commis- 
sioner of  Health  is  hereby  authorized  to  employ  two  or  more 
attendants  at  the  baths  by  this  ordinance  established  and  to 
be  maintained,  but  the  attendants  so  employed  by  him  shall 
serve  without  remuneration,  except  as  hereinafter  provided. 

845.  Sec.  6.  Fees. — The  following  fees  and  charges  may 
be  made  and  required  by  the  Commissioner  of  Health  from 
the  persons  using  the  baths  by  this  ordinance  established  and 
to  be  maintained:  For  furnishing  each  bather  with  a  towel 
.and  one  piece  of  soap,  the  sum  of  two  cents;  and  for  the  rental 
to  one  or  more  bathers  of  a  locker  in  which  clothing  and  other 
articles  may  be  placed,  three  cents  for  each  half  hour  that  said 
locker  is  so  used  ami  rented;  and  the  Commissioner  of  Health 
is  hereby  authorized  to  permit  the  attendants  employed  by 
him  to  retain  the  fees  for  towels  and  soap  collected  by  them 
;i-  aforesaid,  a-  and  for  the  salar)   and  remuneration  for  the 

to  hi-  done  ami  performed  bv  them  as  such  attend 

ants,   buf    all    fees   collected    for   the    use    and    nutal    of   [ocl 

as  herein  provided,  shall  be  paid  over  1>\  the  Commissioner 
of  Health  on  the  first  Monday  of  each  and  <  onth  here 

after  to  the  City  Treasurer,  to  be  l  him  in  the   fund 

known  as  The  Free   Bath   Fund,  and  i<>  1m-  used  only  in  the 


292 

maintenance  of  and  for  the  repair  of  the  free  public  baths 
herein  and  hereby  established  and  to  be  maintained. 

846.  Sec.  7.  Not  necessary  to  rent  lockers. — Persons  who 
may  wish  to  use  the  free  public  baths  shall  not  be  denied  the 
permission  to  do  so  because  of  the  fact  that  they  may  be  un- 
willing to  use  or  rent  the  lockers,  towels  and  soap  supplied  by 
the  attendants  to  be  employed  by  the  Commissioner  of  Health, 
but  the  baths  by  this  ordinance  established  and  to  be  main- 
tained shall  be  free  for  the  use  of  all  persons  in  the  City  of 
St.  rani,  except  as  above  provided,  and  the  City  of  St.  Paul 
shall  be  put  to  no  expense  for  the  establishment,  in  the  initial 
instance,  of  the  public  baths  herein  provided  for,  and  to  no 
other  or  greater  expense  in  their  maintenance  than  the  Free 
Public  Bath  Fund  herein  provided  for. 

Sec.  8.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

PUBLIC  DANCES. 

Ordinance  No.  2488. 

(Approved  December  23,  1904.) 

847.  An  Ordinance  to  define  and  regulate  public  dances  in 

the  City  of  St.  Paul. 

The   Common   Council  of  the   City  of  St.   Paul  do  ordain  as 
follows : 

Sec.  1.  A  public  dance  is  hereby  defined  to  be  one  which 
is  or  may  be  attended  or  patronized  by  the  public  generally, 
either  with  or  without  tickets  or  charge  for  admission  thereto. 

848.  Sec.  2.  Unlawful  to  sell  liquors. — That  hereafter  it 
shall  be  unlawful  to  sell,  dispense,  give  away  or  use  any  intoxi- 
cating liquor  or  beverage  at  or  in  connection  with  any  public 
dance  in  the  City  of  St.  Paul,  and  no  such  dance  shall  be  held 
or  conducted  in  any  room  or  hall  opening  into  or  connected 
with  any  place  where  intoxicating  liquors  are  sold  or  dis- 
pensed, and  all  openings  or  doors  through  which  access  may 
be  gained  from  the  stairs  or  passageway  leading  to  such  dance 
room  or  hall,  to  any  place  where  intoxicating  liquors  or  bever- 
ages are  dispensed  shall  be  kept  closed  and  securely  fastened 


203 

or  locked  so  as  to  prevent  use  thereof  while  such  dance  is  in 
progress  and  for  one  hour  thereafter,  and  it  shall  be  the  duty 
of  the  persons  in  charge  of  such  dance  as  well  as  the  person 
in  control  of  the  building  in  which  it  is  held  to  see  that  these 
requirements  are  observed. 

849.  Sec.  3.  Hours  of  dancing. — It  shall  be  unlawful  to 
hold  or  conduct  any  public  dance  later  than  1  o'clock  a.  m.  of 
any  night. 

850.  Sec.  4.  Minors — To  be  accompanied. — It  shall  be  un- 
lawful for  any  minor  person  to  attend  or  participate  in  any 
public  dance  unless  accompanied  by  his  or  her  parent  or 
guardian. 

851.  Sec.  5.  Penalty. — Any  person  who  shall  violate  any 
of  the  provisions  or  requirements  of  this  ordinance  shall,  upon 

conviction  thereof,  be  punished  by  a  fine  of  not  less  than  ten 
dollar-  in  ir  more  than  one  hundred  dollars,  or  by  imprison- 
ment for  not  more  than  thirty  days  for  such  offense. 

Sec.  fi.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

PUBLIC  LIBRARY. 

Ordinance  No.  2027. 
I  Approved  February  In,  L899.  i 

852.  An  ordinance  in  relation  to  the  Public  Library. 

The   Common   Council   of  the   City   of   St.    Paul   do  ordain   as 
follows : 

I.  Thai  lots  numbered  nine  (9),  ten  (10%  eleven 
(11),  twelve  I  L2),  thirteen  I  L3)  and  fourteen  (14),  in  block 
numbered  eleven  (11),  of  Bazille  and  Guerin's  Addition  to  St. 
Paul,  together  with  the  buildings  thereon,  are  hereby  desig- 
nated and  established  as  a  public  library,  and.  with  the  rents 
accruing  therefrom,  are  hereb)  sel  apart  for  public  library 
pur  pi 

I  As  amended  by  (  >rd.  22  13,  appn  w  ed  Jan.  9,  L902.  i 

853.  Sec.  2.  To  take  possession. — The  board  of  din  (tors 
of  the  public  library  i-.  hereby  authorized  to  enter  upon  and 


29  !: 

take  possession  of  said  property  and  make  any  and  all  im- 
provements thereon  which  it  may  deem  necessary,  bnt  with- 
out expense  to  said  city,  and  to  issue  and  let  any  portion  of 
said  premises  which  it  may  deem  best  upon  such  terms  and 
conditions  as  it  sees  fit. 

854.  Sec.  3.  Leases  to  be  made. — Each  and  every  lease 
made  by  the  board  of  directors  of  the  public  library  shall  pro- 
vide that  each  lessee  shall  pay  his  rent  at  the  times  therein 
specified  to  the  City  Treasurer  of  the  City  of  St.  Paul. 

855.  Sec.  4.  Rents  accruing. — All  rents  accruing  from  said 
property  shall  be  paid  into  the  fund  which  is  now  provided 
for  the  support  of  the  public  library  by  subdivision  23  of  sec- 
tion 3  of  chapter  6  of  Special  Laws  of  Minnesota  for  the  year 
1891 ;  and  all  moneys  so  received  shall  be  disbursed  in  the 
same  manner  as  is  provided  for  the  disbursement  of  other 
moneys  set  apart  for  said  public  library. 

856.  Sec.  5.  Same — Collection  of. — If  any  rent  shall  re- 
main unpaid  for  five  days  after  due  as  provided  by  lease,  the 
City  Treasurer  shall  report  that  fact  to  the  president  of  the 
board  of  directors  of  the  public  library,  and  it  shall  be  the 
duty  of  the  Corporation  Attorney,  at  the  request  of  said  board, 
to  take  the  necessary  steps  to  dispossess  any  party  in  default, 
or  any  party  whose  lease  has  terminated,  or  to  collect  any 
and  all  rents  due,  upon  the  request  of  said  board. 

857.  Sec.  6.  Insurance. — The  board  of  directors  of  the 
public  library  shall  at  all  times  care  for  said  property  and  the 
buildings  thereon,  and  keep  said  buildings  insured  against  loss 
or  damage  by  fire  in  at  least  the  sum  of  twenty-five  thousand 
dollars  ($25,000),  all  without  expense  to  said  city. 

858.  Sec.  7.  Old  ordinances  repealed. — Sections  2,  3,  8,  9, 
1".  as  amended.  11.  12.  13,  16,  17  and  37,  of  ordinance  No.  430, 
approved  Aug.  6,  1884,  entitled  "An  Ordinance  Relating  to 
Markets,"  are  hereby  repealed. 

Sec.  8.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 


395 

QUARRYING. 
Ordinance  No.  2456. 

(Approved  July  22,  1901.) 

859.  An  Ordinance  to  regulate  the  quarrying  of  stone  and 

the  use  of  stone  crushers. 

The   Common   Council  of  the  City  of  St.   Paul  do  ordain  as 
follows : 

Sec.  1.  That  hereafter  it  shall  be  unlawful  for  any  per- 
son to  quarry  stone  or  operate  any  stone  crushing"  machine, 
in  or  adjacent  to  any  public  street,  or  within  sixty  (60)  feet 
of  any  building  occupied  for  residence  purposes,  without  first 
securing  a  permit  from  the  Common  Council,  by  resolution, 
so  to  do. 

(As  amended  by  Ord.  No.  2461,  approved  Aug.  5,  1904.) 

860.  Sec.  2.  To  be  guarded. — Any  person  to  whom  any 
such  permit  is  granted  shall  suitably  guard  and  protect  said 
quarry  and  machinery,  by  day  and  by  night,  so  as  to  prevent 
accident  or  injury  to  the  persons  or  property  of  individuals, 
and  shall  indemnify  and  save  the  city  harmless  from  all  claims, 
damages,  costs  and  expense  arising  therefrom,  and  in  case  of 
quarries,  shall  forthwith  fill  up  all  excavations  hereafter  made, 
to  the  satisfaction  of  the  Commissioner  of  Public  Works  so 
that  the  same  shall  not  be  dangerous  or  become  a  nuisance, 
and  so  the  same  shall  not  be  a  damage  or  injury  to  the  streets 
or  adjacent  property. 

861.  Sec.  3.  Bond. — That  as  a  condition  to  securing  such 
permit,  the  person  applying  therefor,  shall  execute  and  deliver 

lid  city  a  surely  company  bond  in  the  penal  sum  of  S.">.iiiih. 
to  be  approved  by  the  Mayor,  conditioned  for  the  observance 

and   faithful  performance  of  all   the  terms  and   requirements  of 

this  ordinance,  and  to  protect  and  save  harmless  said  city  and 
all  other  persons  by  reason  of  the  maintenance  and  operation 
of  any  such  quarry  and  machinery.  Such  bond  shall  stand 
first,  for  the  protection  and  security  of  the  city,  and  second, 
•  all  claims  of  the  city  are  satisfied,  for  the  benefil  of  any 
and  all  persons  damaged  or  injured  by  reason  of  the  mainten- 
ance or  operation  of  an}   such  quarry  or  machinery,  and  any 


2d$ 

person  so  injured  may  maintain  an  action  on  such  bond,  but 
sh.aH  at  the  same  time  give  notice  to  said  city  of  the  com- 
mencement of  such  action,  and  the  nature  and  amount  of  his 
demand. 

[f  the  person  so  owning  or  operating  any  such  quarry 
shall  for  the  period  of  six  (6)  months  after  being  notified  by 
the  Commissioner  of  Public  Works  so  to  do,  fail  or  neglect  to 
properly  fill  all  excavations  as  hereinbefore  required,  the  city 
shall  have  the  right  to  do  so  and  to  collect  the  cost  and  ex- 
pense thereof  from  the  principal  and  surety  executing  said 
bond. 

862.  Sec.  4.  To  enclose  stone  crusher. — All  stone  crushing 
machinery  shall  be  so  enclosed  and  protected  as  to  prevent  the 
sand  and  dust  arising  from  the  operation  thereof,  from  becom- 
ing an  annoyance  or  nuisance  to  the  public  or  residents  in  the 
vicinity  thereof. 

863.  Sec.  5.  Limit  in  which  to  blast. — Xo  person  shall  do 
any  blasting  in  any  quarry  hereafter  opened  within  sixty  (60) 
feet  of  any  inhabited  building,  without  the  written  consent  of 
the  occupant  and  owner  thereof. 

864.  Sec.  6.  Penalty. — Any  person  who  shall  violate  any 
of  the  provisions  of  this  ordinance  shall  be  guilty  of  a  misde- 
meanor and  upon  conviction  thereof  shall  be  punished  by  a 
fine  of  not  more  than  one  hundred  dollars,  or  be  imprisoned 
for  not  more  than  thirty  days. 

Sec.  7.  This  ordinance  shall  take  efifect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

RAILROADS. 

865.  Speed  of  cars — Bell  to  be  rung — Blowing  of  whistle 
prohibited. — That  no  railroad  company  or  corporation,  or  their 
agents  or  employes,  shall  run  a  locomotive  or  train  of  cars  or 
single  car  within  the  limits  of  the  City  of  St.  Paul  at  a  greater 
speed  than  four  (4)  miles  per  hour,  nor  without  having  and 
ringing  a  bell  of  sufficient  size  at  all  times  while  so  in  motion; 
and  no  railroad  company  or  corporation,  or  their  employes, 
shall  blow  the  whistle  of  a  locomotive  within  the  limits  of  the 
City  of  St.  Paul. 


297 

(Orel,  approved  March  2,  1871,  §1,  as  amended  by  Ord.  Xo. 
307,  approved  Sept.  1!),  1882,  §1.  in  Article  LVIL.  Mu- 
nicipal Code  1884,  §  1  and  §  2  of  Ord.  No.  307,  ap- 
proved Sept.  19,  1882,  repealing  §  2  of  the  Ord. 
approved  March  2,  1871.) 

866.  Flagmen  at  crossings. — Whenever  so  required  by  reso- 
lution of  the  common  council,  it  shall  be  the  duty  of  every  rail- 
road company  whose  track  crosses  any  street  or  road  in  the 
city  limits,  to  keep  and  employ  a  flagman  at  such  particular 
street  or  road  crossing,  as  the  city  council  may  direct,  and 
such  flagman  shall  give  the  necessary  warning  of  the  approach 
of  all  locomotives,  trains  or  cars  to  avoid  danger  to  persons 
and  property. 

(Art.  LVIL,  Municipal  Code  1884,  §2.) 

867.  Lamps  at  crossings. — Whenever  public  safety  may  re- 
quire it,  and  whenever  so  directed  by  resolution  of  the  com- 
mon council,  it  shall  be  the  duty  of  the  several  railroad  com- 
panies running  trains  of  cars  or  locomotives  in  the  city  limits, 
to  erect,  keep  and  maintain  gaslight  lamps  at  their  railroad 
crossing  over  any  particular  street,  road  or  public  grounds, 
and  to  keep  such  gas  lamps  lighted  by  night,  at  the  time  or 
times  when  the  city  gas  lamps  are  lighted;  and  at  any  point 
where  lamps  are  so  ordered  by  the  common  council  to  he 
erected,  and  gas  cannot  be  procured,  said  railroad  companies 
may  use  oil  lamps  until  gas  can  he  conveniently  procured. 
Such  lamp--  shall  have  iron  posts,  and  he  of  the  same  height 
and  dimensions  as  the  gas  lamps  and  posts  now  used  in  the 
streets  of  the  City  of  St.  Paul. 

(Id.  §3.) 

868.  Same — Refusal  by  company  to  maintain — Remedy- 
Damages,  penalty. —  In  case  of  negled  or  refusal  of  any  rail 

road    company    to    comply    with    a    resolution    of    the    common 

council  under  the  pro>  isions  of  the  fi iregoing  section,  said  com 

nion  council   may  cause   tin-  construction   and   lighting  of  such 

lamp  or  lamps,  at  the  expense  of  said  railroad  company,  and 
may  recover  the  cosl  thereof,  with  damages  and  penalties,  by 
prosecution  before  any  court  of  competenl   jurisdiction, 

I  Id.  g  I.) 


398 

869.  Obstructing  street  with  cars,  freight,  etc. — Obstruct- 
ing passage  to  and  from  levee — Stopping  cars,  etc.,  at  street 
crossings. —  \o  railroad  company  or  their  agents  or  employes, 
or  any  other  person,  shall  obstruct  any  public  street  or  high- 
way with  locomotive,  cars,  freight,  goods,  wares  or  merchan- 
dise, nor  in  any  way  obstruct  the  free  and  clear  passage  for 
vehicles  and  foot  passengers  to  and  from^  the  public  levee, 
through  the  usual  avenues  of  egress  or  regress,  nor  shall  any 
railroad  company,  their  officers  or  employes,  be  permitted  to 
stop  a  train  of  cars,  or  locomotives,  on  any  street  crossing, 
neither  for  switching  nor  any  other  purpose  whatever,  except 
to  prevent  accident  in  case  of  immediate  danger. 

(Id.  §  5.) 

870.  Excavating  or  filling  streets,  etc. — Crossings — 
Grades — Regulations. — Xo  railroad  company,  or  their  em- 
ployes, shall  excavate  or  fill  any  street,  road  or  alley  or  part 
thereof,  for  the  construction  of  a  railroad  crossing  or  any  other 
purpose,  without  complying  with  the  following  regulations: 

First — Such  railroad  company  shall,  before  commencing 
any  excavation  or  filling  on  any  of  the  streets,  roads  or  alleys 
of  the  city,  report  to  the  common  council  a  full  and  explicit 
plan  of  the  contemplated  work,  and  obtain  permission  of  the 
council  for  the  purposed  grading. 

Second — After  such  permission  has  been  granted  by  the 
common  council  such  grading  shall  be  commenced  forthwith, 
and  be  fully  completed  within  four  weeks. 

Third — Upon  the  completion  of  any  grading  for  railroad 
crossings,  the  same  shall  be  submitted  to  the  common  council 
for  their  inspection,  and  when  adopted  to  the  satisfaction  of 
the  council,  the  rails  for  such  crossing  may  be  laid,  but  not 
before. 

Fourth — The  approaches  of  any  railroad  crossing  as  above 
referred  to,  shall  be  constructed  on  a  grade  of  not  more  than 
six  (6)  feet  in  one  hundred  (100)  feet  for  the  full  width  of  the 
street,  road  or  alley,  and  shall  be  kept  in  good  repair  by  the 
respective  railroad  company  and  at  their  cost  and  expense. 

Fifth — The  railroad  tracks  at  such  crossings,  and  their 
approaches  .for  three  (3)  feet  or  more,  shall  be  properly 
planked  by  two  and  one-half   (2l/2)   inch  planks  for  the  full 


2«J1) 

width  of  the  street,  road  or  alley,  the  planks  to  be  laid  even 
with  the  top  of  the  rails.  The  space  between  the  planking 
and  the  rails  shall  not  exceed  two  (2)  inches.  Said  planking" 
to  be  renewed  whenever  necessity  may  require  it,  or  when 
directed  by  the  common  council. 

(Id.  §  5.) 

871.  Crossings — To  conform  to  regulations. — Any  railroad 
company  having  any  railroad  crossings  over  any  traveled 
street,  road  or  alley,  in  the  city  limits,  not  in  accordance  with 
the  regulations  contained  in  this  ordinance,  are  hereby  re- 
quired to  make  the  same  conform  thereto  at  once,  and  not 
later  than  four  (4)  weeks  after  the  passage  of  this  ordinance. 

(Id.  §  7.) 

872.  Penalty  for  violating  ordinance — Violation  by  em- 
ploye, company  relieved  from  penalty,  when. — Any  railroad 
company  or  corporation  or  their  agents,  engineers,  conduc- 
tor^ or  employesor  any  other  person  who  shall  violate  or  re- 
fuse or  neglect  to  comply  with  any  of  the  provisions  of  this 
ordinance,  shall,  upon  conviction  thereof,  before  any  court  of 
competent  jurisdiction,  be  punished  by  a  fine  of  not  less  than 
seventy-five  dollars  ($75)  nor  more  than  one  hundred  dol- 
lars ($100),  or  by  imprisonment  for  not  less  than  ten  (10)  nor 
more  than  thirty  (:!<>)  days,  for  each  and  every  offense;  pro- 
vided, that  whenever  any  conductor,  engineer  or  other  em- 
ploye of  any  railroad  company,. shall  violate  any  of  the  pro- 
visions of  this  ordinance,  contrary  to  the  instructions  and  reg- 
ulations of  such  railroad  company,  and  when  such  railroad 
company  --hall  furnish  to  any  city  officer  applying  therefor,  the 
name  of  the  person  so  violating,  and  upon  conviction  of  such 
person,  such  railroad  company  shall  he  relieved  from  the  pen- 
alties imposed  b)  this  section.        I  Id.  §  8. 1 

873.  Unlawful  to  get  on  or  off  railroad  cars  when  in  mo- 
tion— Not  to  apply  to  officials  and  employes. —  h  is  hereb}  de 
clared  to  be  unlawful  for  any  person  to  gel  on  or  off  railroad 

when  in  motion   within  the  limits  of  the  City  of  St.    Paul  J 

provided,  the  provisions  of  this  ordinance  shall  not   be  con- 
strued to  apply  to  railroad  officials  and  employes. 
((  )rd.  \'o.  613,  approved  Jan.   19,   L886,  §  1.) 


300 

874.  Penalty. — Any  person  who  shall  violate  any  provisions 
of  this  ordinance  shall,  upon  conviction  thereof,  be  punished 
by  a  fine  not  exceeding  fifty  dollars  ($50). 

(Id.  §  3.) 

RENTS  DUE  CITY. 

875.  City  clerk  to  collect  rents,  pay  to  treasurer  and  report 
to  council. —  It  is  hereby  made  the  duty  of  the  city  clerk  to 
collect  all  rents  due.  accruing  or  to  accrue,  to  the  City  of  St. 
Paul,  from  any  and  every  source  under  the  charter,  ordinances, 
by-laws,  resolutions,  contract  or  contracts,  and  pay  the  same 
over  to  the  city  treasurer,  and  take  his  receipt  therefor,  and 
shall  report  the  said  collections  monthly  to  the  common  coun- 
cil if  any  of  said  rents  are  payable  monthly,  or  at  such  time 
as  the  same  is  collected,  and  he  shall  make  a  monthly  report 
of  all  rents  due  and  unpaid. 

(Ord.  of  Dec.  21,  1875,  §  1.) 

REPORTER'S  BADGES. 

Ordinance  No.  1909. 

(Approved  February  1<,  1897.  | 

876.  An  Ordinance  requiring  the  Chief  of  Police  to  issue 

badges  to   reporters  of  the  daily  newspapers  pub- 
lished in  the  City  of  St.  Paul. 

The  Common  Council  of  the   City  of  St.   Paul   do  ordain  as 

follows  : 

Sec.  1.  The  Chief  of  Police  of  the  City  of  St.  Paul  is 
hereby  authorized  and  required  to  adopt  and  issue  upon  a 
written  request  of  the  managing  editor  of  any  daily  newspaper 
published  in  said  city,  or  by  the  manager  of  any  press  associa- 
tion organized  as  a  news  gathering  agency,  badges  of  appro- 
priate design  and  consecutively  numbered  to  the  reporters  or 
other  representatives  of  such  newspaper  or  press  association. 

877.  Sec.  2.  Wording  on  badges. — All  such  badges  shall 
be  uniform  in  design,  shape  and  material,  and  each  badge  shall 
bear  the  words  "St.  Paul  Police  Department,"  the  name  of  the 
newspaper  or  press  association  to  whose  representatives  it  is 
issued  and  its  proper  serial  number. 


301 

878.  Sec.  3.  Book  to  be  kept.— The  Chief  of  Police  shall 
keep  and  issue  the  badges  and  shall  keep  a  record  book  in 
which  he  shall  enter  the  number  of  the  badges  issued,  the 
name  of  the  person  to  whom  and  the  newspaper  or  press  asso- 
ciation upon  whose  written  request  the  same  was  issued ;  pro- 
vided, that  not  more  than  fifteen  badges  shall  be  issued  to  the 
representatives  of  any  one  newspaper  or  press  association  at 
any  one  time. 

879.  Sec.  4.  Privileges  of  holders. — Such  badges  shall  en- 
title the  authorized  wearer,  when  in  the  pursuit  of  legitimate 
news,  to  such  privileges  as  the  Chief  of  Police  and  other  pub- 
lic officers  may  be  justified  in  granting. 

880.  Sec.  5.  Fees. — The  fee  for  the  issuing  of  such  badge 
shall  be  an  amount  equal  to  the  cost  of  such  badge,  said  fee  to 
be  returned  upon  the  surrender  of  the  badge. 

881.  Sec.  6.  Penalty  for  misuse. — Whenever  any  person  to 
Whom  a  badge  has  been  issued  under  this  ordinance,  shall  be 
guilty  of  a  misuse  of  such  badge  or  of  an  abuse  of  the  priv- 
ileges  conferred  thereby,  such  badge  may  be  taken  from  him 
by  the  Chief  of  Police  and  no  badge  shall  again  be  issued  to 
such  person. 

882.  Sec.  7.  Penalty. — No  person  shall  be  entitled  to  the 
privileges  conferred  by  such  badges  who  shall  not  have  ob- 
tained the  same  in  the  manner  herein  provided.  Any  person 
who  shall  obtain  or  attempt  to  obtain  any  privileges  by  the 
misuse,  fraudulent  use,  duplication  or  counterfeiting  of  such 
badges,  or  who  shall  in  any  wise  impose  upon  the  police  or 
other  public  officers  by  means  of  such  badges,  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
fined  not  less  than  ten  il'M  dollars  nor  more  than  one  hun- 
dred I  LOO)  dollars. 

883.  Sec.  8.  Same — For  duplication. — Any  person  who 
shall  duplicate  or  counterfeil  any  badge  or  badges  adopted  by 
the  Chief  of  Police,  as  herein  provided,  for  the  purpose  of  ob- 
taining or  enabling  others  to  obtain,  any  of  the  privileg< 
corded  to  the  authorized  wearers  of  such  badges  shall  be 
deemed  guilt}  of  a  misdemeanor  and  upon  conviction  thereof 


302 

shall  be  fined  nol  less  than  twenty-five  (25)  dollars  nor  more 
than  one  hundred  I  LOO)  dollars. 

Sec.  9.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

ROLLER  SKATING  RINKS. 

884.  Must  be  licensed — Penalty. — No  person,  firm  or  cor- 
poration shall  keep,  run  or  maintain  in  the  city  of  St.  Paul  any 
roller  skating  rink  (so-called)  wherein  such  person,  firm  or 
corporation  shall  permit  for  reward  or  otherwise  any  person 
or  association  of  persons  to  meet  and  practice  upon  roller 
skates,  either  for  individual  exercise,  public  exhibitions  or 
amusement,  without  first  having  obtained  a  city  license  there- 
for;  and  any  person,  firm  or  corporation  guilty  of  violating 
the  provisions  of  this  ordinance  shall,  upon  conviction  thereof, 
before  any  court  having  jurisdiction  of  such  offenses,  be  fined 
in  any.  sum  or  amount  not  less  than  twenty-five  ($25)  or  ex- 
ceeding one  hundred  dollars  ($100),  for  each  and  every  such 
offense. 

(Ord.  No.  55?,  approved  Aug.  11,  1SS5,  §  1.) 

885.  Sec.    2.     License    obtained,    how — Price — Duration. — 

Any  person,  firm  or  corporation  may  obtain  a  license  to  keep, 
run  and  maintain  a  roller  skating  rink  within  the  limits  of  the 
City  of  St.  Paul,  to  be  used  for  the  purposes  hereinabove  men- 
tioned, in  the  same  manner  as  provided  for  obtaining  licenses 
to  sell  or  vend  spirituous  liquors ;  provided  that  any  person, 
firm  or  corporation  obtaining  such  licenses  shall  pay  into  the 
city  treasury  for  each  and  every  roller  skating  rink  run,  kept 
or  maintained  by  such  person,  firm  or  corporation,  the  sum 
of  twenty-five  dollars  ($25.00).  All  licenses  issued  hereunder 
shall  fully  expire  and  terminate  on  the  last  day  of  December 
of  the  year  the  same  shall  have  been  issued,  unless  sooner  re- 
voked for  cause  as  other  licenses  are. 

(Id.  §  2.     See,  also,  Licenses.     As  amended  by  Ord.  No.  2492, 
approved  Jan.  21,  1905.) 


303 

SALVAGE    CORPS    AND    FIRE    PATROL,    (ST.    PAUL 
BOARD   OF  FIRE  INSURANCE  UNDER- 
WRITERS.) 

886.  Right  of  way  on  streets  in  responding  to  fire  alarms 
and  performing  duty — Privileges  to  be  subordinate  to  like 
privileges  of  police  and  fire  departments — Police  and  fire  de- 
partments not  amenable  to  ordinance. — Whereas,  The  St.  Paul 
board  of  fire  insurance  underwriters  have  provided  rooms  for 
the  accommodation  of  salvage  corps  and  fire  patrols,  and  a 
patrol  of  men,  and  a  person  to  act  as  superintendent,  to  dis- 
cover and  prevent  fires,  with  a  suitable  apparatus  to  save  and 
preserve  property  and  life  at  fires,  as  authorized  by  an  act  of 
the  legislature  of  the  State  of  Minnesota; 

Now,  therefore,  the  common  council  of  the  City  of  St. 
Faul  do  ordain  as  follows : 

That  the  members  of  the  salvage  corps  and  fire  patrols 
of  the  St.  Paul  board  of  fire  insurance  underwriters  be  and 
they  are  hereby  given  the  right  of  way  upon  the  streets  and 
avenues  of  the  City  of  St.  Paul  in  responding  to  fire  alarms, 
and  in  the  performance  of  their  duties  as  such  members  ;  pro- 
vided, however,  that  nothing  in  this  ordinance  contained  shall 
give  to  such  members  any  right  upon  said  streets  or  avenues 
superior  to  or  conflicting  with  those  of  the  police  and  fire  de- 
partment of  said  city,  but  the  privileges  hereby  conferred  shall 
be  subordinate  to  the  like  privileges  enjoyed  by  the  said  police 
and  fire  department,  and  the  members  of  said  police  and  fire 
department  of  said  city  in  the  performance  of  their  duties  shall 
not  be  amenable  to  this  ordinance. 

-'  )rd.  No.  1842,  approved  Oct.  3,  1895,  preamble  and  §  1.) 

887.  Not  to  be  obstructed  or  hindered — Use  of  streets  to  be 
surrendered  to. — No  person  shall  obstruct,  hinder  or  delay  the 
members  of  said  salvage  corps  and  fire  patrols  in  responding 
to  fire  alarms  and  in  the  performance  of  their  duties  as  such 
members,  bul  each  and  every  person,  excepl  as  hereinabove 
provided,  shall  surrender  to  said  members  the  use  of  the 
streets  and  avenues  of  the  Cit)  of  St.  Paul,  so  thai  they  may 

the  free  and  unobstructed  use  thereof  in  respondin 
fire  alarms  and  in  the  performance  of  their  du! 

(Id.  §2.) 


:;oi 

SSS.  Penalty. — Am  person  violating  any*of  the  provisions 
of  this  ordinance  shall  be  punished  by  a  fine  of  not  less  than 
five  (5)  nor  more  than  fifty  (50)  dollars,  or  by  imprisonment 
not  less  than  ten  (  10)  nor  more  than  sixtv  (60)  days. 

(Id.  §3.) 

SCALES  (PUBLIC). 
i  See.  also,   Coal  and  Hay,  and   Weights  and   Measures.) 

889.  Public  scales — Permit. — No  person  or  persons  shall 
hereafter  keep  or  maintain  or  allow  to  be  kept  or  maintained, 
at  any  point  upon  the  public  streets  and  within  the  limits  of 
the  City  of  St.  Paul,  public  scales  for  the  weighing  of  hay, 
coal  or  other  articles,  without  first  obtaining  a  permit  therefor 
as  hereinafter  provided. 

(Orel.  Xo.  290,  approved  June  20,  1882,  §  1.) 

890.  Council   may   permit — May    revoke   permission. — The 

Common  Council  of  the  City  of  St.  Paul  may  from  time  to 
time  authorize  and  permit  as  many,  and  such  persons  as  it 
may  think  proper,  to  erect,  maintain  and  operate  in  any  of  the 
public  streets  of  said  city,  scales  for  the  weighing  of  hay.  coal 
or  other  articles  of  any  kind  or  nature  whatever,  and  to  revoke 
the  same  at  its  pleasure. 

(Id.  §  2.) 

891.  Application  for  permit  to  be  in  writing. — That  before 
anv  authority  or  permit  shall  be  granted,  the  applicant  or  ap- 
plicants therefor  will  present  to  the  common  council  an  ap- 
plication in  writing,  setting  forth  upon  what  streets  and  at 
what  points  he  or  they  desire  to  erect  such  scales. 

(Id.  §3.) 

892.  Scales  to  be  approved  pattern  and  erected  under  di- 
rection of  city  engineer. — Said  scales  must  be  of  the  most  ap- 
proved pattern  in  use  and  must  be  erected  under  the  direction 
and  to  the  satisfaction  of  the  city  engineer. 

(Id.  §4.) 

893.  Bond. — That  before  the  authority  or  permit  of  the 
common  council  to  erect  any  scales  as  aforesaid  shall  have  any 
force  or  effect,  the  person  or  persons  to  whom  the  same  may 


305 

be  issued  shall  execute  a  bond  to  the  City  of  St.  Paul  in  the 
sum  of  one  thousand  dollars  ($1,000),  with  sureties  to  be  ap- 
proved by  the  common  council,  conditioned  to  save  the  City 
of  St.  Paul  harmless  from  all  suits,  actions,  damages,  cost  and 
expenses  by  reason  of  the  occupancy  of  the  street  by  said 
scales. 

894.  Street  to  be  kept  in  good  condition. — All  persons  to 
whom  a  permit  or  authority  shall  be  given  shall  at  all  times 
keep  the  street  around  and  adjoining  said  scales  in  a  good, 
safe  and  passable  condition. 

(Id.  §  6.) 

895.  Scales   to   be    adjusted    and    sealed — How   often. —  It 

shall  be  the  duty  of  the  owners  or  operators  of  all  scales  now 
or  hereafter  erected  in  or  Upon  any  of  the  public  streets  of  said 
city  to  have  the  same  adjusted  and  sealed  by  the  sealer  of 
weights  and  measures  at  least  once  in  every  three  months, 
and  oftener  if  necessary. 

(Id.  §  7.) 

896.  Penalty  for  false  certificate,  etc. — Any  owner,  opera- 
tor 'T  weigher  of  any  scales  who  shall  give  a  false  certificate 
or  who  shall  practice  any  fraud  or  deceit  in  the  weight  of  hay, 
coal  or  other  article  or  articles  weighed,  or  who  shall  violate 
any  of  the  provisions  of  this  ordinance,  shall  upon  conviction 
he  lined  in  any  sum  not  less  than  twenty  dollars  ($20)  nor 
more  than  cm-  hundred  dollars  ($100). 

.1.1.  §8.) 

SCAVENGERS— NIGHT  SOIL. 
i  Sec  also  I  tealth  I  >epartment.  I 

897.  City   clerk   to  issue   license  authorized  by  council   to 
scavengers. — The  city  clerk  of  the  City  of  Si.  Paul  shall  issue 
a  license  to  any  person,  partnership  or  corporation  upon  the 
terms   and  conditions    hereinafter    mentioned,    which   ric 
shall  i'ir-i  be  authorized  b)   the  common  council,  and  shall 
power    said    person,   partnership   or   corporation    so    licei 
(after   securing   a   permil    therefor)   to  clean  and   remove   the 
contents  of  privy  vaults,  cesspools,  sinks  and   private  drains 


306 

In  said  city,  and  ever}  person,  partnership  or  corporation  in 
said  business  shall  be  deemed  scavengers  within  the  meaning 
of  this  ordinance. 

(Ord.  No.   is:;:.,  approved  Sept.  3,  L895,  §  1.) 

898.  Unlawful  to  remove  contents  of  privy,  etc.,  or  become 
scavengers,  without  license. —  No  person,  partnership  or  cor- 
poration shall,  within  the  City  of  St.  Paul,  empty,  clean  or  re- 
move the  contents  of  any  privy,  vault,  cesspool,  sink  or  private 
drain,  or  in  any  manner  engage  in  the  business  of  a  scavenger 
without  first  having  obtained  a  license  so  to  do.  as  herein  pro- 
vided. 

(Id.  §2.) 

899.  Price  and  duration  of  license — Bond. — Every  person, 
partnership  or  corporation  receiving-  such  license  shall  pay  to 
the  city  treasurer  the  sum  of  twenty-five  dollars  ($25)  and  exe- 
cute  a  bund  to  the  City  of  St.  Paul  in  the  penal  sum  of  five 
thousand  dollars  ($5,000),  with  two  or  more  sureties,  to  be 
approved  by  the  corporation  attorney  and  mayor,  conditioned 
that  the  said  scavenger  shall  perform  the  work  herein  pro- 
vided for  in  an  approved  sanitary  manner,  in  accordance  wirl' 
the  provisions  of  this  ordinance  and  the  regulations  of  the 
department  of  health,  and  pay  for  all  labor  performed  and 
material  furnished  in  the  performance  of  said  work,  and  save 
the  City  of  St.  Paul  harmless  in  the  premises,  said  license  to 
be  good  for  the  period  of  one  (1)  vear. 

rid.  §  ?,) 

800.  Licensed  person  to  obtain  permit  from  commissioner 
of  health. — No  licensed  person,  partnership  or  corporation 
shall,  within  the  City  of  St.  Paul,  remove  or  cause  to  be  re- 
moved, the  contents  of  any  privy,  vault,  cesspool,  sink  or  pri- 
vate drain,  without  a  permit  first  obtained  from  the  commis- 
sioner of  health. 

901.  Permit  to  give  name  of  scavengers,  etc. — Every  such 

permit  shall  give  the  name  of  the  scavenger,  describe  the 
premises  where  the  work  shall  be  done,  state  where  and  how 
and  by  which  of  the  methods  in  this  ordinance  mentioned  the 
contents  thereof  shall  be  disposed  of. 

(Id.   §  5.) 


307 

902.  Scavenger  to  make  return  of  permit. —  Every  scaven- 
ger shall  make  return  to  the  department  of  health  of  every 
permit  issued  to  him  within  five  (5)  days  after  the  permit 
shall  have  been  issued,  certifying  to  the  number  of  cubic  feet 
removed  from  the  privy  vault,  cesspool,  sink  or  private  drain 
therein  described,  and  the  manner  in  which  same  was  dis- 
posed  of. 

(Id.  §6.) 

903.  Cleaning  and  removing  must  be  done  in  an  inoffensive 
manner,  etc. — The  cleaning,  emptying  and  removing  of  the 
contents  of  privy  vaults,  cesspools,  sinks,  or  private  drains 
shall  be  done  in  an  inoffensive  manner,  and  any  scavenger 
having  begun  any  such  scavenger  work  shall,  without  any 
interruption  or  delay,  finish  the  same,  and  shall  in  every 
instance  leave  the  privy  vault,  cesspool,  sink  or  private  drain 
in  as  good  a  condition  upon  the  outside  as  when  the  work 
was   undertaken.  ' 

i  hi.  §   7.     See,   also,  Health   Department.) 

904.  Night  soil,  etc.,  to  be  conveyed  in  tight-covered 
receptacles,  etc. — All  persons,  partnerships  or  corporations 
engaged  in  the  business  of  scavengers,  within  the  City  of  St. 
Paul,  and  who  may  be  employed  therein  to  remove  night  soil 
or  other  offensive  substance  from  any  privy  vault,  cesspool, 
sink  or  private  drain,  shall,  in  removing  the  same  through, 
over  or  along  any  of  the  streets,  highways,  alleys  or  public 
grounds  of  said  city,  or  elsewhere  therein,  convey  the  same 
in  close,  tight-covered  barrels  or  receptacles,  so  as  to  prevent 
the  scattering  or  dropping  therefrom  of  such  nighl  soil  or 
other  offensive  substance,  or  any  thereof,  while  in  motion  or 
passing  along  any  of  the  streets,  highways,  or  other  places 
above  mentioned,  or  permit  the  emission  of  smell  therefrom; 
-aid  receptacles  shall  be  kepi  clean  and  inoffensive  when  not 
in   actual   use. 

(Id.   §   8.) 

-05.         Manner  of  disposing  of  night  soil. —  It   shall  be  unlaw- 
ful for  any  person,  partnership  or  corporation  engaged  in  the 
business  of  scavenger  within  the  City  of  St.  Paul,  to  dis] 
oi   any   nighl    soil,  removed    from   any    privy    vault,   cesspool, 


308 

sink  or  private  drain  therein,  in  any  other  than  one  of  the  fol- 
lowing  methods,  to-wit : 

By  a  system  of  cremation  to  be  approved  by  the  com- 
mon conned,  or  by  a  system  of  flushing  through  grate  and 
sewer  into  the  river,  said  system  to  be  approved  by  the  com- 
mon council.  That  both  the  removal  and  disposition  of  said 
night  soil  shall  be  done  tinder  the  direction  and  supervision 
of  the  department  of  health,  and  the  apparatus  for  the  dis- 
posal  thereof  to  be  located  within  the  city  limits  of  the  City 
of  St.  Paul.  '  (Id.  §  9.  I 

906.  Penalty  for  burying  or  improperly  disposing  of  night 
soil. — That  if  any  scavenger  shall  bury  said  night  soil  or  dis- 
pose of  same  in  any  manner  except  as  herein  provided,  his, 
their  or  its  license  shall  be  immediatelv  forfeited  and  annulled. 

(Id.  §  10.)    " 

907.  Scavengers'  prices — If  paid  in  advance  work  to  be 
completed  within  twenty-four  hours. — Scavengers  shall  charge 
and  receive  not  to  exceed  the  following  prices  for'  removing 
and  disposing  of  the  contents  of  any  privy  vault,  cesspool,  sink 
or  private  drain,  viz. : 

Two  dollars  ($2)  where  the  contents  of  the  privy  vault, 
cesspool,  sink  or  private  drain  does  not  exceed  twenty  (20) 
cubic  feet:  ten  (10)  cents  per. cubic  foot  where  the  contents 
of  same  exceeds  twenty  (20)  cubic  feet  and  does  not  exceed 
one  hundred  (100)  cubic  feet,  and  eight  (8)  cents  per  cubic 
foot  where  the  contents  exceeds  one  hundred  (100)  cubic  feet, 
and  they  may  demand  and  receive  their  fees  for  such  services 
in  advance  :  provided,  that  where  such  fees  are  demanded  and 
received  in  advance  the  work  for  same  must  be  completed 
within  twenty-four  (24)  hours  after  such  receipt. 

(Id.  §  11.) 

908.  Penalty. — That  any  person,  partnership,  or  the  prin- 
cipal officer  of  any  corporation  who  violates  or  disobeys  any 
of  the  provisions  of  this  ordinance  shall,  upon  conviction,  be 
subject  to  a  fine  not  exceeding  seventy-five  dollars  ($75)  nor 
less  than  ten  dollars  ($10),  or  by  imprisonment  in  the  city 
workhouse  for  not  more  than  eighty  (80)  days  nor  less  than 
ten    (10)    days.  (Id.  §  12.) 


309 


909.  Inconsistent  ordinances  repealed. — That  all  ordinances 
and  parts  of  ordinances  inconsistent  herewith  arc  hereby  re- 
pealed, and  this  ordinance  shall  take  effect  and  be  in  force 
from   and   after   its   passage. 


Ordinance  No.  2313. 
(Approved  October  9,  1902.) 

910.  An  Ordinance  requiring  licensed  scavengers  to  place 

the  word  "Scavenger,"  and  the  number  of  their 
scavenger  wagon,  on  all  wagons  and  vehicles  used 
for  scavenger  purposes,  and  providing  a  penalty  for 
any  violation  thereof. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  That  all  persons,  firms  or  corporations  who  are 
now  or  shall  hereafter  be  licensed  to  do  scavenger  work  in 
the  City  of  St.  Paul  shall  cause  to  be  placed  and  maintained 
in  a  conspicuous  place  on  all  wagons  or  other  vehicles  used 
by  them  for  scavenger  purposes  the  word  "Scavenger."  and 
underneath  said  word  a  numeral  which  shall  indicate  the  num- 
ber of  their  wagon  or  vehicle.  Said  number  shall  be  not  less 
than  one  foot  in  length,  and  shall  be  so  placed  on  said  wagon 
or  other  vehicle  as  to  be  plainly  visible. 

911.  Sec.  2.  Duties  of  licensees. —  It  is  hereby  made  the 
duty  of  all  persons,  firms  or  corporations  who  arc  now  or  shall 
hereafter  be  licensed  as  scavengers  to  apply  at  the  "Dice  of 
the  Commissioner  of  Health  of  the  City  of  St.  Paul  for  a 
number  to  be  placed  upon  each  of  their  wagons  or  vehicles 
so  used  for  scavenger  purposes,  and  said  Commissioner  oi 
Health,  or  one  of  his  assistants,  shall  thereupon  register  in 
a  book  to  be  kept  for  thai  purpose,  the  name  of  said  person, 
firm  or  corporation  and  the  number  of  each  wagon  or  other 
vehicle  used  by  said  person,  firm  or  corporation  for  scavenger 
purposes,  and  shall  indicate  and  direel  said  person,  firm  or 
corporation  wlial  number  they  shall  place  on  each  of  said 
wagons  or  vehicles  so  used  for  er  purposes,  no  two 
of  which  said  unmix  rs  shall  be  the  same. 


310 

912.  Sec.  3.  Penalty. — Any  person,  firm  or  corporation 
who  shall  violate  any  of  the  terms  of  this  ordinance  shall 
upon  conviction  thereof  in  the  Municipal  Court,  be  subject  to 
a  fine  of  not  less  than  five  nor  more  than  twenty-five  dollars. 

Sec.    I.      This  ordinance  shall  take  effect  and  he  in  force 
from  and  after  its  passage,  approval  and  publication. 

SCHOOL  JANITORS. 

913.  School  janitors  may  be  policemen. —  h  is  hereby  made 
the*  duty  of  the  mayor  of  the  City  of  St.  Paid  to  appoint  and 
commission  as  policemen  whoever  may  be  appointed  janitor 
of  any  of  the  public  schools  of  the  City  of  St.  Paul,  whenever 
requested  by  the  president  of  the  board  of  education;  provid- 
ed, that  said  janitors  so  appointed  policemen  as  aforesaid  shall 
receive  no  additional  compensation,  nor  shall  they  be  required 
to  do  any  duty  as  policemen  except  in  the  protection  and  pres- 
ervation of  the  public  school  buildings  and  the  property  be- 
longing to  the  public  schools  of  the  City  of  St.  Paul. 

(Ord.  No.  136,  approved  Jan.  15,  1878,  §  1.) 

SERGEANT-AT-ARMS   OF   COMMON   COUNCIL. 

914.  Sergeant-at-arms — Salary. — That  the  salary  of  Henry 
Galvin,  sergeant-at-arms  of  the  common  council,  authorized 
to  be  appointed  by  resolution  of  the  common  council,  approved 
May  Id,  1889,  be  and  is  hereby  fixed  at  the  sum  of  three  hun- 
dred dollars  ($:!<n>)  per  annum,  the  said  salary  to  commence 
from  May  1."),  1889,  and  to  be  paid  him  in  like  manner  as  the 
salaries  of  other  city  officers  are  paid. 

(<  >rd.  No.  1216,  approved  Sept.  5.  1889,  §  1.) 

SEWERS  AND  DRAINS. 

915.  City  engineer  to  control  sewers  and  drains. — The  city 
engineer  shall  have  the  control  of  the  sewers  and  drains  of  the 
city,  and  everything  done  and  to  be  done  in  the  premises,  to 
the  end  that  a  proper  and  efficient  system  may  be  maintained, 
except  as  herein  otherwise  provided. 

(Ord.  No.  201,  approved   March   10.  1880.  in  Article  LXIV.. 
Municipal  Code  of  1884,  §  1.) 


Sll 

916.  City  engineer,  under  direction  of  board  of  public 
works,  to  take  supervision  of  sewers,  etc. — The  city  engineer 

shall,  under  the  direction  of  the  board  of  public  works,  take 
the  general  supervision  of  all  sewers  and  their  connections, 
which  now  or  hereafter  may  be  built  by  the  city,  or  which  may 
be  permitted  to  be  built  by  its  authority,  and  shall  take  charge 
of  the  building  and  repairs  of  the  same,  and  all  matters  in 
connection  with  the  sewerage  of  the  citv. 

(Id.  §  2.) 

917.  License  or  permit  fee  to  be  paid  to  the  city  treasurer 
— City  engineer  to  note  or  record  receipt. — All  sums  to  be 
paid  by  any  person  or  persons  for  licenses  or  permits,  as  pro- 
vided for  in  this  ordinance,  shall  be  paid  to  the  city  treasurer, 
taking  his  receipt  therefor,  which  receipt  shall  be  noted  or 
recorded  by  the  city  engineer  before  he  -shall  deliver  said 
license   or  permit. 

(Id.   §  3.) 

918.  Connections — License — Qualifications  of  licensee. — 
No  connection  shall  be  made  with  any  sewer  or  drain  except 
by  persons  regularly  licensed  to  perform  that  description  of 
work,  and  the  person  or  persons  applying  for  license  must  be 
residents  of  the  City  of  St.  Paul,  and  at  the  time  of  the  appli- 
cation, furnish  the  board  of  public  works  with  a  satisfactory 
certificate,  signed  by  at  least  two  responsible  masons,  plumb- 
er- or  builders,  or  one  of  each,  that  the  applicant  is  known  to 
them  as  a  person  skilled  in  the  business  and  qualified  to  receive 
a  license. 

(Id.  §    1.) 

919.  Same — Price  of  license — Bond,  conditions. —  \i  the 
time  of  receiving  a  license  the  party  shall  pay  for  the  same  the 
sum  of  twenty-five  ($25)  dollars  per  annum,  and  file  a  bond  In 
the  office  of  the  city  comptroller  in  the  sum  of  one  thousand 
dollars  ($1,000),  with  one  or  more  sureties,  to  be  approved 
by  the  board  of  public  works,  conditioned  thai  he  will  in 
demnify  and  save  harmless  the  City  of  St.  Paul  and  the  board 
of  public  works  from  all  suits,  accidents  and  dai  mse- 
quenl  thereupon,  for  or  1>\  reason  of  an)  opening  in  any 
streets,  any  lane  or  avenue  made  by  him,  or  by  those  in  his 


312 

employment,  for  making  any  connection  with  any  public  or 
private  sewer,  or  For  an)  other  purpose  or  object  whatever, 
and  that  he  will  also  replace  and  restore  the  street  over  such 
opening  to  as  good  a  state  and  condition  as  he  found  it.  keep 
guards  by  day  and  light  by  night,  and  keep  and  maintain  the 
same  in  good  order,  to  the  satisfaction  of  the  city  engineer 
for  his  acceptance,  and  shall  conform  in  all  respects  to  the 
rule-  and  regulations  of  the  common  council  or  board  of  public 
works,  and  pav  all  fines  that  may  be  imposed  on  him  by  law. 

(Id.   §"o.) 

920.  Same — Written  permission  of  city  engineer — Penalty. 
— Xo  connection  shall  be  made  with  any  sewer  without  the 
written  permission  of  the  city  engineer,  and  any  opening  or 
connection  made  into  any  sewer  without  such  permission,  or 
in  any  manner  different  from  the  mode  prescribed  for  such 
opening  or  connection  by  the  ordinance,  shall  subject  the  per- 
son making  the  same,  and  the  occupier  or  owner  of  the 
premises  directing  it,  to  a  penalty  of  not  less  than  ten  dollars 
($10)  for  each  and  every  day  said  connection  or  opening  shall 
remain  after  notice  by  the  city  engineer  to  close  and  discon- 
nect   the    same. 

(Id.  §  6.) 

921.  Same — Permission  may  be  revoked  by  board  of  pub- 
lic works  without  damages. — All  permissions  given  as  afore- 
said, to  connect  with  sewers  and  drains,  shall  be  upon  the  ex- 
press condition  that  the  board  of  public  works  of  the  city 
may.  at  any  time,  revoke  and  annul  the  same,  and  the  persons 
making  such  connections,  or  their  successors  in  interest,  shall 
have  no  right  to  claim  any  damages  in  consequence  of  such 
permission  being  revoked  or  annulled. 

(Id.  §7.) 

922.  Same — And  tapping — Permit  not  to  issue  unless  as- 
sessment paid — When  no  assessment,  deposit  to  be  made,  to 
apply  on  assessment. — The  city  engineer  is  expressly  pro- 
hibited from  granting  a  permit  to  any  person  to  tap  or  con- 
nect with  any  sewer,  unless  satisfactory  evidence  is  produced 
to  said  engineer  that  the  assessment  for  the  cost  and  expense 
for  the   construction   of   said   sewer,   against   the   property  to 


313 

drain  which  a  permit  is  asked,  has  been  paid,  and  when  here- 
after a  sewer  is  built,  and  no  assessment  has  been  made,  un- 
less a  deposit  shall  first  have  been  made  with  the  city  treasur- 
er of  an  amount  equal  to  one  dollar  and  twenty-five  cents 
($1.25)  per  foot  frontage  of  the  property  sought  to  be  drained, 
said  deposit  to  apply  in  payment  of  any  assessment  for  the 
construction  of  a  sewer  abutting  the  property  drained,  and  if 
the  assessment  for  the  cost  of  said  sewer  shall  be  less,  as> 
against  the  property  for  which  a  permit  has  been  granted  as 
aforesaid,  than  the  said  deposit,  the  difference  shall  be  re- 
turned to  the  owner  of  the  property  upon  the  completion  of 
said  assessment. 

(Id.  §  8.) 

923.  Same — Same — Permit  not  to  issue  for  off  the  line  of 
street  of  property  to  be  drained. — No  permit  shall  be  granted 
to  any  person  to  tap  or  connect  with  any  sewer  off  the  line 
of  the  street  upon  which  the  property  sought  to  be  drained  is 
situated. 

(I'd.  §  9-) 

924.  Same — How  made — Street  and  sidewalk  opening, 
regulation — Refilling  trenches,  paving,  sidewalks,  rubbish, 
dirt — Regulations. — 'The  connection  with  all  sewers  must  be 
made  even  with  the  inside  surface  in  a  workmanlike  manner. 
where  a  length  of  pipe  or  drain  has  not  been  left  in  the  sewer, 
and  made  perfectly  tight  with  good  cement,  and,  where  a  pipe 
has  been  left  in,  the  connection  shall  be  made  with  such  pipe 
without  injuring  the  same.  The  street  must  be  opened  and 
the  paving  and  earth  deposited  in  a  manner  that  will  occasion 
the  least  inconvenience  to  the  public,  and  provide  for  the 
passage  "i"  water  along  the  gutters;  one-half  the  street  must 
be  left  clear  for  the  passage  of  vehicles,  and  bridgeways  pro- 
vided on  sidewalks  for  foot  passengers;  in  refilling  the  trench, 
the  earth  must  be  laid  in  layers  nol  more  than  six  (6)  inches 
in  depth,  and  each  layer  wetted  and  rammed  to  prevenl  after 

settlement.  The  paving,  flagging  and  sidewalks  are  to  be 
restored  to  at  least  as  good  condition  as  previous  to  the  exca- 
vation, and  all  rubbish  and  surplus  earth  to  be  immediately 
removed.  ( Id.  §   LO.) 


925.  Drain — Plan  and  construction. — It  shall  be  unlawful 
to  construct  or  extend  any  drain  f<»r  the  reception  of  sewerage 
or  waste  water  under  or  into  any  hotel,  tenement  house, 
dwelling  or  any  building,  or  to  connect  the  same  with  any 
public  sewer,  unless  the  said  drain  shall,  in  its  plan  and  con- 
struction, conform  to  the  following  requirements:  First,  there 
shall  he  in  said  drain  a  trap,  so  constructed  as  to  bar  the  pas- 
sage of  air  from  beyond  the  trap  into  the  house,  by  an  obstacle 
equal  to  at  least  one  (1)  inch  in  depth  of  water;  second,  be- 
tween said  trap  and  the  foot  of  the  soil  pipe  there  shall  be 
connected  with  the  said  drain  an  inlet  pipe  for  the  admission 
of  fresh  air.  and  the  soil  pipe  within  the  house  shall  be  con- 
tinued above  the  roof  and  left  open,  so  that  the  whole  drain 
may  be  thoroughly  and  constantly  ventilated. 

(Id.  §  11.) 

926.  House  drain — Plan  with  city  engineer — Permit  not 
issue,  when. — Whenever  any  person  desires  to  construct  a 
house  drain,  intended  to  be  connected  with  or  discharge  into 
any  sewer,  he  shall,  before  beginning  work  upon  the  same, 
deposit  with  the  city  engineer  a  plan  thereof,  which  shall 
show  the  wdiole  course  of  the  drain,  from  its  connection  with 
the  sewer  to  its  terminus  within  the  house,  with  the  location 
of  all  branches,  traps  and  fixtures  to  be  connected  therewith, 
said  plan  or  a  copy  thereof  to  be  left  on  file  in  the  office  of 
the  said  city  engineer.  If,  upon  inspection  of  said  plan,  the 
city  engineer  shall  find  that  the  same  does  not  conform  to 
the  requirements  of  this  ordinance,  he  shall  not  issue  any 
permit  for  its  construction  or  connection  with  any  sewer,  and 
it  shall  be  unlawful  to  construct  said  drain  or  to  connect  the 
same  either  directly  or  indirectly  with  any  sewer. 

(Id.  §  12.) 

927.  Same — Engineer  may  enter  premises — Defective  drain 
Or  attachments — Notice  to  and  duty  of  owner  or  agent. — The 

city  engineer,  or  his  duly  authorized  agents,  shall  have  the 
right  to  enter  upon  the  premises  drained  by  any  house  drain 
and  connected  with  any  public  sewer,  at  all  reasonable  hours, 
to  ascertain  whether  the  provisions  of  this  or  any  ordinance 
in  regard  to  house  drains  have  been  complied  with,  and  if  he 


315 

shall  find  that  said  drain,  or  its  attachments,  do  not  conform 
to  the  provisions  of  law  in  regard  thereto,  he  shall  notify  the 
owner  of  said  premises  or  his  agent  of  this  fact.  It  shall 
thereupon  be  the  duty  of  said  owner  or  his  agent  to  cause  said 
drain  or  its  attachments  to  be  so  altered,  repaired  or  recon- 
structed as  to  make  them  conform  to  the  requirements  of 
law  in  regard  thereto,  within  fifteen  (15)  days  from  the  time 
of  receiving   such   notice. 

(Id.  §  13.) 

928.  Application  for  permits — Private  drain  not  to  extend 
beyond  property  for  which  permit  is  given. — Applications  for 
permits  must  be  made  by  the  party  employed  to  do  the  work, 
and  must  state  the  location,  name  of  the  owner,  number  of 
buildings  to  be  connected,  and  how  occupied.  It  shall  be 
unlawful  hereafter  for  any  person  to  extend  any  private  drain 
beyond  the  limits  of  the  buildings  or  property  for  which  the 
permit    has    been    given. 

(Id.  §   1  l.i 

929.  Drains  entering  into  public  sewers  or  drains  in  the 
street — Size,  material,  direction,  grade — City  engineer  direct 
— Work  to  be  done  by  licensed  person. — All  drains,  which 
enter  into  any  public  sewer  or  drain  in  any  street  or  highway, 
shall  be  built  of  such  size  and  materials  and  in  such  direction, 
and  with  such  grades  and  in  such  manner  as  the  city  engineer 
may  direct,  and  all  work  thereupon  shall  only  he  done  by  a 
regularly  licensed   person,  as  provided   in   this  ordinance. 

(Id.  §   15.) 

930.  Connection  with  sewer,  drain — Notice  to  engineer,  for 
inspection. —  Notice  in  writing  must  be  given  to  the  cit\  engi- 
neer at  his  office  by  the  person  who  is  to  make  the  connection 
with  any  sewer  or  drain,  when  such  work  will  hi-  read)  for 
inspection,  previous  to  making  such  connection. 

(id.  §  i<;.) 

931.  Licensee  not  to  allow  use  of  his  name  by  other  person 
— To  have  recorded  in  city  engineer's  office  his  place  of  busi- 
ness,   etc. — Notice   to    superintendent    of   sewers. —  No    person 

licensed  to  make  such  connection  with  -ewers,  , ;tc,  shall  allow- 
bis   name   to  be  used   by   an\    other   person,  either   (or   the   pur- 


pose  of  obtaining  permits,  or  doing  any  work  under  the 
license;  and  every  person  licensed  shall  Have  recorded  in  the 
city  engineer's  office  his  place  of  business,  the  name  under 
which  the  business  is  transacted,  and  shall  immediately  notify 
the  superintendent  of  sewers  of  any  change. 

(Id.  §  170 

932.  Offal,  garbage,  etc.,  not  to  be  put  in  catch  basin — In- 
juring or  breaking,  etc.,  catch  basin,  etc.,  or  sewer  or  drain — 
Penalties. — No  butchers'  offal  or  garbage,  dead  animals, 
kitchen  slops  or  any  substance  or  obstruction  of  any  kind 
whatever  shall  be  placed,  thrown  or  deposited  in  any  catch 
basin,  and  any  person  so  offending,  or  causing  any  such  ob- 
struction or  substance  to  be  placed  so  as  to  be  carried  into 
such, basin  shall  be  subject  to  a  penalty  of  ten  dollar-  ($10) 
for  each  offense,  and  any  person  injuring  or  breaking  or  re- 
moving any  portion  of  any  catch  basin,  covering  hag.  gully 
grating,  manhole  or  side  entrance  cover,  or  any  part  of  any 
sewer  or  drain,  or  obstructing  the  mouth  of  any  sewer  or 
drain,  shall  be  subject  to  a  penalty  of  twenty  dollars  ($20)  for 
each  offense. 

(Id.  §  18.) 

933.  Drain  from  house  or  lot  to  public  sewer — Notice — 
Neglect  to  construct — Duty  of  board  of  .public  works — Pen- 
alty, expense,  damages. — The  city  engineer,  under  the  direc- 
tion of  the  board  of  health,  shall  have  power  in  all  cases  where 
there  is  a  public  sewer  in  any  street  or  highway,  to  cause 
every  owner  of  land  upon  or  adjoining  such  street  or  high- 
way, his  agent  or  tenant,  to  make  a  sufficient  drain  from  his 
or  her  house,  yard  or  lot,  whenever  in  their  opinion  the 
same  may  be  necessary,  and  they  shall  thereupon  give  such 
owner,  or  agent,  or  tenant,  notice  in  writing,  specifying  the 
time  when  such  drain  must  be  completed;  and  if  the  said 
owner,  agent  or  tenant  neglects  to  complete  the  same  within 
the  time  specified,  and  in  addition  to  the  penalties  imposed 
for  a  violation  of  any  of  the  provisions  of  this  ordinance,  the 
board  of  public  works  shall  cause  it  to  be  done,  and  shall 
recover  the  whole  amount  of  the  expense  thereof,  together 
with  ten  (10)  per  cent  damages,  by  an  action  in  the  name  of 


the  City  of  St.  Paul,  before  any  court  proper  to  try  the  same. 

(Id.  §  19.) 

934.  Drain,  defective — Removing,  reconstructing,  cleans- 
ing, etc. — Neglect  to  remove,  etc. — Duty  of  board  of  public 
Works — Expense. — Whenever  any   drain   connected   with   any 

public  sewer  or  drain  becomes  clogged,  obstructed,  broken  or 
out  of  order,  or  detrimental  to  the  use  of  the  sewer  or  drain, 
or  unfit  for  the  purposes  of  drainage,  the  owner,  agent,  occu- 
pant or  person  having  charge  of  any  building,  yard,  lot  of 
land  or  other  premises  which  are  drained  by  said  drain  or 
sewer  shall,  when  directed  by  the  board  of  public  works, 
board  of  health  or  city  engineer,  remove,  reconstruct,  alter, 
cleanse  or  repair  said  drain,  as  the  condition  of  said  drain  may 
require.  In  case  of  neglect  or  refusal  to  remove,  reconstruct, 
repair,  alter  or  cleanse  said  drain  for  the  space  of  three  (3) 
days,  the  board  of  public  works  shall  cause  the  same  to  be 
removed,  reconstructed,  repaired,  altered  or  cleansed,  as  they 
may  deem  expedient,  at  the  expense  of  the  owner,  agent,  or 
other   person   as   aforesaid. 

(Id.  §  20.) 

935.  Obstruction  in  sewer  or  drain — Penalty — Duty  of 
owner,  agent,  occupant,  after  notice. — Any  owner,  agent,  occu- 
pant   or  other   person,   having  charge   of  any  building,   yard, 

E  land  or  other  premises,  which  are  drained  into  any  pub- 
lic -ewer  or  drain,  who  permits  any  substance  or  matter, 
which  may  form  a  deposit  or  obstruction  in  any  public  sewer 
or  drain,  to  flov\   or  pass  into  the  same,  shall  be  liable  to  a 

dty  of  not  more  than  twenty  dollars  ($20)  for  each 
offense.     And   said  owner,   agent,  occupant    or  other  person. 

iforesaid,  shall,  when  directed  by  the  hoard  of  health, 
within  ten  (10)  days  after  notice  in  writing  to  thai  effect, 
from  --aid  hoard,  provide  his  drain  with  sufficient  cesspool  or 
catch  basin,  or,  it"  one  alread)  exists,  clean  OUt,  repair  or  alter 
the   same,  and   provide   SUCh   oilier   means  as   shall    prevent    any 

substance   or   matter   from    passing    into   the   drain   or   sewer 
which  may  cause  a  deposil  or  obstruction  therein, 
(Id.  §  21.     See.  also,  Stn 


318 

936.  Neglect  to  provide  cesspool  or  catch  basin,  or  to  clean, 
etc. — Obstructions — Duty  of  board  of  health — Expense — Pen- 
alty.—  In  case  of  neglect  or  refusal  to  provide  a  cesspool  or 
catch  basin,  or  to  clean  out,  repair  or  alter  such  cesspool  or 
catch  basin,  it'  one  exists,  for  the  space  of  five  (5)  days,  the 
board  of  health  shall  cause  the  same  to  be  repaired,  altered. 
cleansed  and  provided  with  such  other  means  to  prevent  any 
substances  or  matter  from  passing  into  the  sewer  or  drain, 
that  may  cause  a  deposit  or  obstruction  therein,  as  they  may 
deem  expedient,  at  the  expense  of  the  owner,  agent,  occupant 
or  other  person  having  charge  of  the  premises,  and  such 
owner,  agent,  occupant  or  other  person  shall  also  be  liable  to 
a  penalty  not  exceeding  twenty  dollars   ('$20). 

(Id.  §  22.) 

937.  Breaking  ground  for  connections,  etc. — Operating  on 
sewers  or  drains — Duty  of  police  and  street  inspectors. — It 
shall  be  the  duty  of  the  police  of  the  city  and  street  inspectors, 
in  all  cases  where  they  may  find  any  person  or  persons  en- 
gaged in  the  work  of  breaking  ground  for  the  purpose  of 
making  connections,  etc.,  with  sewers  or  drains,  or  in  any 
manner  interfering  with  or  operating  upon  any  of  the  sewers 
or  drains  of  the  city,  to  ascertain  at  once  if  such  person  or  per- 
sons  are  duly  licensed  to  perform  such  work,  and  in  the  event 

ill  person  or  persons  not  being  duly  licensed  and  having 
a  permit,  to  order  them  to  desist,  under  pain  of  arrest  for  a 
violation  of  this  ordinance,  and  at  once  report  the  facts  to  the 
city  engineer. 

(Id.  §.23.) 

938.  Penalty  for  violation  of  ordinance  by  licensee — Ordi- 
nances repealed. — Any  person  licensed  to  make  connections 
with  sewers  and  drains  who  shall  be  guilty  of  any  violation 
of  the  provisions  of  this  ordinance  shall  be  immediately  either 
deprived  of  his  license  or  fined,  or  both,  at  the  discretion  of 
the  court  before  whom  the  action  may  be  brought. 

All  ordinances  contravening  the  provisions  of  this  ordi- 
nance are  hereby  repealed. 

(Id.    §§   24,   25.) 


939.  Connections — Written  permit  from  engineer — Notice 
— Penalty. — Xo  persons  shall  make  connection  with  any 
sewer,  or  with  any  drain  that  connects  with  a  sewer,  without 
previously  obtaining  from  the  city  engineer  a  written  permit 
to  make  such  connection  and  notifying  him  of  the  time  when 
the  connection  is  to  he  made. 

Any  opening  or  connections  made  into  or  with  any  sewer, 
or  into  or  with  any  drain  that  connects  with  a  sewer,  without 
such  written  permit,  or  in  any  manner  different  from  that  pre- 
scribed by  the  city  ordinances,  shall  subject  the  person  mak- 
ing the  same,  and  the  owner  or  occupier  of  the  premises  direct- 
ing it,  to  a  fine  of  not  less  than  ten  dollars  ($10)  nor  more 
than  fifty  dollars  ($50)  for  each  and  every  connection  so 
made. 

it  )rd.  No.  L656,  approved  Jan.  26,  1893,  §  1.) 

940.  Equalizing  cost  of  sewers — Assessments — Sewerage 
bond  fund. — That,  for  the  purpose  of  equalizing  the  cost  of 
the  construction  of  sewers  within  the  City  of  St.  Paul,  the 
board  of  public  works  are  authorized,  in  the  making  of  all 
future  assessments  for  the  construction  of  sewers,  to  limit 
the  same  to  one  dollar  and  seventy-five  cents  ($l.i~>i  per 
front  foot  upon  all  abutting  property,  the  cost  and  expense 
of  any  sewer  in  excess  of  one  dollar  and  seventy-five  cents 
($1.75)  per  front  foot  as  aforesaid,  to  be  paid  out  of  the  sew 
erage  bond  fund  of  Said  city,  except  as  otherwise  ordered  by 
common  council;  provided,  however,  that  no  greater  sum  or 
amount  than  fifteen  thousand  dollars  ($15,000)  of  said  sewer 
age  bond  fund  shall  be  appropriated  or  expended  in  the  con 
Structioh  of  sewers  in  any  one  ward  of  said  city,  excepl  b}  a 
two-thirds  (2-3)  vote  of  all  the  members  elect  of  the  common 
c<  >uncil. 

(Ord.    Xo.   283,   approved    April    is.    L882,   in    Article    I.W.. 
Municipal  Code   L884,  §  |.i 


320 

SIDEWALKS. 

Ordinance  No.  2039. 

I  Approved  April  8,  1899.) 

941.  An  Ordinance  to  regulate  the  laying  of  tile  and  ce- 

ment walks  in  the  City  of  St.  Paul. 
The  Common   Council   of  the   City  of  St.   Paul  do  ordain  as 
follows : 

Sec.  1.  That  from  and  after  the  passage  of  this  ordinance 
it  shall  be  unlawful  for  any  person  or  corporation  to  lay  or 
construct  sidewalks  of  cement,  tile  or  cement  sidewalks  of 
any  kind  whatsoever  along  or  upon  the  public  streets  or  alleys 
of  the  City  of  St.  Paul,  unless  the  said  sidewalks  are  con- 
structed  and  laid  in  accordance  with  the  requirements  for 
such  walks  in  the  specifications  made  and  approved  by  the 
board  of  public  works  and  on  file  in  the  office  of  the  city 
engineer. 

942.  Sec.  2.     General  provisions. — It  shall  be  unlawful  for 

any  person  or  corporation  to  construct,  relay  or  repair  tile  or 
cement  sidewalks  of  any  kind  on  any  of  the  streets  in  the  City 
of  St.  Paul  without  first  having  applied  for  and  received  from 
the  city  engineer  a  permit  therefor.  The  application  for  such 
permit  shall  set  forth  the  location  of  the  proposed  walk  and 
the  material  of  which  the  same  is  to  be  constructed.  The  city 
engineer  shall  then  issue  a  permit,  which  shall  be  in  the  same 
form  as  permits  now  issued  by  the  city  engineer  for  the  con- 
struction, relaying  or  repair  of  sidewalks,  and  as  provided  by 
the  ordinances  of  the  city,  save  and  except  that  it  shall  call 
specific  attention  to  the  specifications  on  file  in  the  office  of 
said  city  engineer,  and  provide  that  the  walk  shall  be  built, 
constructed,  relaid  or  repaired  strictly  in  accordance  with  said 
specifications,  and  it  shall  be  unlawful  for  any  person  or  cor- 
poration to  relay  or  repair  any  cement,  tile  or  other  kind  of 
composition  walk,  except  in  accordance  with  the  terms  of 
said  permit,  and  as  provided  in  said  specifications,  and  the  said 
city  engineer  may  require  as  a  condition  of  granting  said 
permit  that  there  be  exhibited  to  him  a  sample  of  the  cement 
and  tile  proposed  to  be  used  in  constructing,  relaying  or  re- 


321 

pairing  said  walk,  in  order  to  ascertain  if  the  same  complies 
with    said    specifications. 

All  work  in  the  nature  of  constructing,  relaying  and  re- 
pairing such  sidewalks  shall  be  under  the  direction  and  sub- 
ject to  the  inspection  of  the  city  engineer,  and  only  to  the 
lines  and  grades  given  by  said  engineer,  and  if  at  any  time 
during  the  progress  of  such  work  it  shall  he  determined  by 
the  city  engineer  that  the  said  walk  is  not  being  constructed, 
relaid  or  repaired  in  accordance  with  the  terms  of  said  permit 
and  said  specifications,  said  engineer  thereupon  is  authorized, 
and  he  is  hereby  directed,  to  cause  such  work  to  be  stopped 
and  to  prevent  the  further  prosecution  thereof,  except  in 
accordance  with  the  terms  of  said  permit  and  said  specifica- 
tion. If  any  of  such  walks  shall  be  wholly  or  partially  con- 
structed, relaid  or  repaired  in  violation  of  this  ordinance,  or 
contrary  to  the  terms  of  such  permit  or  such  specifications, 
the  city  engineer  shall  be  authorized  to  at  once  enter  the  same 
and  remove*  the  same  from  the  street,  and  a  sidewalk  so 
wholly  or  partially  constructed  shall  not  prevent  the  common 
council  from  ordering  the  construction,  relaying  or  repairing 
of  the  same,  as  provided  in  the  charter! 

943.  Sec.  3.     Penalty. — Any  person  violating  the  provisions 

of  this  ordinance  shall  be  punished  by  a  fine  of  not  less  than 
ten  dollars  ($10)  nor  more  than  fifty  dollars  ($50),  or  by 
imprisonment    in    the   St.    Paul    workhouse    for   a    period    not 

exceeding  sixty  days. 

I.     This  ordinance  shall  take  effect  and   be  in   force 
from  and  after  its  passage  and   publication. 

Ordinance   No.  2170. 
i  Approved  February  9,  L901.  i 

944.  An   Ordinance   prohibiting   the   use  of   salt   or   salted 

sand  upon  any  of  the  sidewalks  in  the  City  of  St. 
Paul. 
The  Common  Council  of  the  City  of  St.    Paul  do  ordain  as 

follows  : 

I .     The  ill  or    alted  sand  upon  t he  sidewalks 

within  the  limits  of  the  City  of  St.  Paul  is  hereb)   prohibited. 


322 

945.  Sec.  2.  Penalty. — Any  violation  of  this  ordinance 
shall,  upon  conviction  thereof,  be  punished  by  a  fine  of  not 
less  than  ten  dollars  ($10")  nor  more  than  one  hundred  dol- 
lars ($100),  or  by  imprisonment  for  not  less  than  thirty  (30) 
days  nor  more  than  ninety  (90)  days. 

Sec.  ■">.  This  ordinance  shall  take  effect  and  be  in  force 
fr<  mi  and  after  its  passage,  approval  and  publication. 

Ordinance  No.  2145. 

(  Approved  September  19,  1900.) 

946.  An  Ordinance  to  protect  the  sidewalks  within  the  City 

of  St.  Paul,  and  to  prevent  and  prohibit  the  drop- 
ping of  weights  and  other  heavy  articles  upon  said 
sidewalks,  and  to  punish  persons  guilty  thereof. 
The  Common   Council  of  the   City  of  St.   Paul  do  ordain   as 
follows : 

Sec.  1.  That  from  and  after  the  passage,  approval  and 
publication  of  this  ordinance  it  shall  be  unlawful  for  any  per- 
son to  drop  any  iron,  stone  or  other  heavy  substance  or  mate- 
rial of  more  than  five  pounds  in  weight  upon  any  wooden, 
stone  or  cement  sidewalk  within  the  limits  of  the  City  of 
St.   Paul. 

947.  Sec.  2.  General  provisions. — That  from  and  after  the 
passage,  approval  and  publication  of  this  ordinance  it  shall  be 
unlawful  for  any  person  to  drop,  or  cause  to  fall,  upon  any 
wooden,  stone  or  cement  sidewalk  within  the  limits  of  the 
City  of  St.  Paul,  any  box,  barrel,  or  any  sort  of  heavy  mer- 
chandise, while  in  the  process  of  loading  or  unloading  the 
same  from  or  upon  any  vehicle  of  any  description. 

948.  Sec.  3.  Penalty. — Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof  in 
the  municipal  court  of  the  City  of  St.  Paul,  be  punished  by  a 
fine  of  not  less  than  one  dollar  or  more  than  five  dollars,  or 
by  imprisonment  for  not  less  than  five  nor  more  than  ten 
days. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 


949.  Sec.  1.  No  more  wooden  sidewalks. — Xo  person  shalf 
hereafter  build  or  construct  any  wooden  sidewalks  on  the  fol- 
lowing described  streets  between  the  points  named,  to-wit: 

University  avenue,  from  Snelling  avenue  to  west  city 
limits. 

Snelling  avenue,  from  University  avenue  to  Great  North- 
ern railway. 

Taylor  avenue,  from  Charlotte  avenue  to  Sheldon  avenue. 

Hewitt  avenue,  from  Aldine  street  to  Hamline  avenue. 

Wesley  avenue,  from  Fry  street  to  Pascal  avenue. 

Capitol  avenue,  from  Aldine  street  to  Hamline  avenue. 

Minnehaha  street,  from  Wheeler  avenue  to  Hamline 
avenue. 

Van  Buren  street,  from  Wheeler  avenue  to  Fry  street. 

Fry  street,  from  Blair  street  to  Hewitt  avenue. 

Walker  avenue,  from  Hewitt  avenue  to  Great  Northern 
railway. 

Asbury  avenue,  from  Minnehaha  street  to  Taylor  avenue. 

Simpson  avenue,  from   Blair  street  to  Taylor  avenue. 

Pascal  avenue,  from  Minnehaha  street  to  Taylor  avenue. 

950.  Sec.  2.  Permit  to  be  refused. — The  city  engineer  is 
hereby  directed  to  refuse  to  issue  any  permit  for  the  building, 
construction  or  relaying  of  any  wooden  sidewalk  on  the  streets 
herein  described,  and  to  prevent  any  wooden  sidewalks  from 
being  laid   on    said   streets. 

I  I  >nl.  No.  -.'lit;,,  approved  April  6,  1900. 1 

951.  No  more  wooden  sidewalks. —  No  person  shall  here- 
after build  or  construcl  any  wooden  sidewalks  on  the  Follow- 
ing named  streets,  between  the  points  named,  to  wit:  Both 
sides  of  Ohio  street,  between  Baker  and  George  streets; 
around  Alice  Park;  wesl  side  of  Oakdale  avenue,  from  State 
to  Pi  eets. 

952.  Sec.  2.     Refuse  permits. — The  commissioner  of  public 

works  is  hereby  directed    to  refuse  to  issue  an\    permit    for  the 

building,  construction  or  relaying  of  an}  wooden  sidewalks  <»n 
the  streets  hereinabove  named  and  described,  and  to  prevent 

any    wooden    sidewalks   from   being    laid   On    said    streets. 
(<  >rd.    v  I     \u-.  s.    1901.) 


32  I 

953.  Sec.  1.  Same. — No  person  shall  hereafter  build,  con- 
struct, or  lay  any  wooden  sidewalks  upon  any  of  the  follow- 
ing streets  and  avenues  in  the  City  of  St.  Paul,  to-wit :  On 
either  side  of  Shields  street,  from  Fairview  avenue  to  Wheeler 
avenue  ;  on  the  south  side  of  University  avenue,  from  Fairview 
to  Wheeler  avenue,  or  on  either  side  of  Beacon  and  Wheeler 
avenues  from  Shields  to  University  avenue. 

954.  Sec.  2.  Same. — The  city  engineer  is  hereby  directed 
to  refuse  to  issue  any  permit  for  the  building,  constructing,  or 
laying  of  any  wooden  sidewalks  on  the  streets  and  avenues 
described   in  section   1. 

955.  Sec.  3.  Penalty. — Any  person  violating  the  provi- 
sions of  this  ordinance  shall  be  punished  by  a  fine  of  not  less 
than  ten  dollars  nor  more  than  fifty  dollars,  or  by  imprison- 
ment in  the  St.  Paul  workhouse  for  a  period  not  exceeding 
thirty  days. 

(Ord.  No.  2003,  approved  Aug.  20,  1898.) 

956.  Sec.  1.  Same. — No  person  shall  thereafter  build,  con- 
struct or  lay  any  wooden  sidewalks  within  the  boundary  of 
the  following  streets  and  avenues  in  the  City  of  St.  Paul : 

Commencing  at  the  corner  of  Hall  avenue  and  Prospect 
terrace,  thence  running  to  Winifred  street,  thence  to  Bellows 
street,  thence  to  Prospect  terrace  to  point  of  beginning.  Pro- 
vided, however,  that  this  shall  not  apply  to  the  sidewalk  on 
the  north  side  of  Isabel  street,  from  Bellows  street  to  Bidwell 
street. 

957.  Sec.  2.  Same. — The  city  engineer  is  hereby  directed 
to  refuse  to  issue  any  permit  for  the  building,  constructing 
or  laying  of  any  wooden  sidewalks  on  the  streets  and  avenues 
described  in  section  1  hereof.    • 

958.  Sec.  3.  Same. — Any  person  violating  the  provisions 
of  this  ordinance  shall  be  punished  by  a  fine  of  not  less  than 
$10  or  more  than  $50,  or  by  imprisonment  in  the  St.  Paul 
workhouse  for  a  period  not  exceeding  fifty  days. 

(Ord.  No.  2060,  approved  July  10,  1899.) 

959.  Sec.  1.  Same. — No  w^ooden  walks,  or  any  walks  ex- 
cept those  composed  of  stone,  tile,  cement  or  other  composi- 


325 

tion  material  of  a  permanent  nature,  shall  hereafter  be  laid  or 
constructed  on  either  side  of  Hall  avenue,  from  Isabel  street 
north  to  the  edge  of  the  bluff. 

960.  Sec.  2.  Same. — Any  person  violating  this  ordinance 
shall  be  subject  to  a  fine  of  not  less  than  five  (5)  dollars,  nor 
more  than  fifty  (50).  dollars,  or  by  imprisonment  for  a  period 
not  longer  than  thirty    (30)    days. 

(Ord.  No.  2055,  approved  June  22,  1899.) 

961.  Sec.  1.  Same. — Xo  person  shall  hereafter  build  or 
construct  any  wooden  sidewalks  on  the  following  described 
streets  between  the  points  named,  to-wit : 

East  Isabel  street,  between  South  Wabasha  street  and 
Greenwood  avenue. 

East  Congress  street,  between  South  Robert  and  cast  side 
of   Bancroft   street. 

East  Winifred  street,  between  South  Robert  and  Drown 
avenues. 

East   Robie  street,  between  State  and  Bancroft  streets. 

Ada  street,  between  Concord  and  Congress  streets. 

State  street,  east  side,  between  Robie  and  Congress 
streets. 

State  street,  west  side,  between  Winifred  and  Congress 
streets. 

Greenwood  avenue,  between  Robie  and   Isabel  streets. 

Clinton  avenue,  between  Concord  and  Isabel  streets. 

Livingston  avenue,  between  Isabel  and  Colorado  streets. 

Midway  avenue,  between  '  >akdale  avenue  and  Woodbury 
stn  i 

962.  Sec.  2.  Same. — The  city  engineer  is  hereby  directed 
to  refuse  to  Issue  any  permit  for  the  building,  construction  or 

relaying  of   any    wooden    sidewalks   Oil    the    streets   herein    de 

scribed  and  to  prevenl  any  wooden  sidewalks  from  being  laid 
■n  said  streets. 

(<  >rd.  No.  3130,  approved  Jul)  5,  L900. 1 

963.  Sec.  1.  Same. — No  person  shall  hereafter  construd 
ing  to  the  usual  specifications  of  the  city  therefor,  on  either 
or  [ay  .in \   sidewalk  excepl  cemenl  walks,  constructed  accord 

side  of  Cherokee  a\emie,  in    tlie   City  of  St.    rani,   from    Baker 

street  southerly  to   Belmonl    3treet, 


326 

964.  Sec.  2.  Same. — The  city  engineer  is  hereby  directed 
not  to  issue  any  permit  for  the  erection  of  any  sidewalk,  other 
than  the  kind  above  specified,  on  the  street  described  in  sec- 
tion one. 

965.  Sec.  2.  Same. — Any  person  violating  the  provisions 
of  this  ordinance  shall  be  punished  by  a  fine  of  not  less  than 
ten  (10)  dollars,  nor  more  than  fifty  (50)  dollars,  or  by  im- 
prisonment in  the  St.  Paul  workhouse  for  a  period  not  exceed- 
ing thirty  (30)  days,  in  the  discretion  of  the  court. 

(Ord.  Xo.  2000.  approved  August  5,  1898.) 

966.  Sec.  1.  Same. — Xo  person  shall  hereafter  build  or 
construct  wooden  sidewalks  upon  any  of  the  streets  or  ave- 
nues included  in  the  limits  bounded  by  and  including  the  fol- 
lowing streets  and  avenues,  to-wit :  Bounded  on  the  north 
by  the  center  of  University  avenue,  on  the  east  by  Fairview 
avenue,  on  the  south  by  Selby  avenue,  and  on  the  west  by 
Cleveland  avenue,  and  any  person  violating  the  provisions  of 
this  ordinance  shall  be  punished  by  a  fine  of  not  less  than  ten 
dollars  ($10)  nor  more  than  fifty  dollars  ($50). 

967.  Sec.  2.  Same. — The  city  engineer  is  hereby  directed 
to  refuse  to  issue  any  permit  for  the  construction  of  any 
wooden  sidewalk  upon  any  of  the  streets  and  avenues  in- 
cluded in  the  district  bounded  and  described  in  section  one  of 
this  ordinance. 

(Ord.  Xo.  192S,  approved  May  8,  1897.) 

968.  Sec.  1.  Same. — Xo  person  shall  hereafter  lay  any 
wooden  sidewalks  within  the  territory  bounded  by  nor  upon 
the  following  named  streets,  to-wit : 

Commencing  at  the  intersection  of  East  Seventh  street 
and  Maria  avenue,  running  thence  on  Maria  avenue  to  East 
Third  street,  thence  on  East  Third  street  to  Maple  street, 
thence  on  Maple  street  to  Seventh  street,  and  thence  on  Sev- 
enth street  to   Maria   avenue. 

969.  Sec.  2.  Same. — Any  person  violating  the  provisions 
of  this  ordinance  shall  be  punished  by  a  fine  of  not  less  than 
five  dollars  nor  more  than  thirty  dollars,  or  by  imprisonment 


327 

in  the  St.  Paul  workhouse  for  a  period  not  exceeding  fifteen 
days. 

(Ord.  No.   1949,  approved   August  9,  1897.) 

970.  Sec.  1.  Same. — Xo  person  shall  hereafter  build  or- 
construct  any  wooden  sidewalks  upon  any  of  the  streets  or 
avenues  included  in  the  limits  bounded  on  the  northwest  by 
the  center  line  of  Summit  avenue  and  of  Thirteenth  street; 
on  the  northeast  by  the  center  line  of  Jackson  street ;  and  on 
the  southeast,  south  and  southwest  by  the  southerly  line  of 
Third  street,  and  any  person  violating  the  provisions  of  this 
ordinance  shall  be  punished  by  a  fine  of  not  less  than  ten 
dollars  ($10)   nor  more  than  fifty  dollars   ($50). 

971.  Sec.  2.  Same. — The  city  engineer  is  hereby  directed 
to  refuse  to  issue  any  permit  for  the  construction  of  any 
wooden  sidewalks  upon  any  of  the  streets  and  avenues  in- 
cluded in  the  district  bounded  and  described  in  section  one  of 
this  ordinance. 

(Ord.  1948,  approved  August  9,  1897.) 

972.  Sec.  1.  Same. — Xo  person  shall  hereafter  lay  any 
wooden  sidewalks  within  the  territory  bounded  by  nor  upon 
the   following  named   streets,   to-wit : 

Commencing  at  the  intersection  of  the  northerly  line  of 
East  Seventh  street  with  the  westerly  line  of  Maria  avenue, 
thence  southeasterly  along  the  westerly  line  of  Maria  avenue 
to  the  southerly  line  of  East  Third  street,  thence  northeasterly 
along  the  southerly  line  of  East  Third  street  to  the  easterly 
line  of  Maple  street,  thence  northwesterly  along  the  easterly 
line  of  Maple  street  to  the  northerly  line  of  Easl  Seventh 
et,  thence  southwesterly  along  the  northerly  line  of  Eas1 
Seventh  street  to  the  place  of  beginning, 

973.  Sec.  2.  Same. — Any  person  violating  the  provisions 
oi  this  ordinance  shall  be  punished  by  a  fine  of  nol  less  than 
ten  dollars  nor  more  than  fifty  dollars,  or  by  imprisonmenl  in 
the  St.  Paul  workhouse  for  a  period  nol  exceeding  thirty  days. 

k  )rd.    1941,  approved  June  21,   1897.) 

974.  Sec.  1.  Same. — Thai  hereafter  no  wooden  sidewalks 
shall  be  laid  or  constructed  on  Aurora  avenue,  from  Rice  streel 


328 

to  Western  avenue,  in  the  City  of  St.  Paul,  and  any  person 
who  shall  lay  or  construct  any  wooden  sidewalk  on  said 
Aurora  avenue,  between  the  points  mentioned,  shall  be  pun- 
ished, upon  conviction  thereof  in  the  municipal  court  of  the 
City  oi  St.  Paul,  by  a  fine  of  not  less  than  live  dollars  ($5) 
nor  more  than  fifty  dollars  ($50). 

(Ord.  No.  1945,  approved  August  9,  1897.) 

SHOOTING    GALLERIES. 

975.  Shooting  galleries — License — Penalty. — No  person 
shall  keep,  run  or  maintain  in  this  city  any  shooting  gallery, 
wherein  such  person  shall  permit  for  any  reward  or  otherwise, 
an}-  person  to  shoot  with  firearms,  or  any  other  projectile 
machine  or  instrument,  unless  such  person  shall  first  obtain 
a  city  license  therefor,  and  every  person  violating  the  provi- 
sions of  this  section  shall  pay  to  the  City  of  St.  Paul  a  fine 
of  twenty-five  dollars  ($25)  for  each  and  every  such  offense. 

(Ord.  No.  469,  approved  Jan.  6,  1885,  §  1.) 

976.  License  how  obtained — Price. — Any  person  or  per- 
sons may  obtain  a  license  to  keep  or  maintain  a  shooting  gal- 
lery, and  to  permit  the  shooting  of  firearms,  and  other  ma- 
chines or  instruments  for  projecting  or  heaving  substances,  in 
the  same  manner  provided  for  obtaining  license  to  sell  or  vend 
spirituous  liquors.  Provided,  that  any  person  or  persons  ob- 
taining such  license  shall  pay  the  sum  of  twenty-five  dollars 
($25)  for  each  and  every  gallery  so  licensed  as  aforesaid. 

(Id.  §  2.) 

SLAUGHTER  AND  PACKING  HOUSES,  CANDLE  AND 
SOAP  MANUFACTORIES. 

977.  Permit  of  council. — That  no  person  shall  kill,  slaugh- 
ter, dress  or  pack  any  cattle,  calves,  sheep  or  swine,  or  estab- 
lish a  manufactory  for  candles  or  soap,  within  the  limits  of 
the  City  of  St.  Paul  without  a  permit  of  the  city  council. 
fOrd.   approved   July   1,    1858,    in    Article   LXIX..    Municipal 

Code,  1884,  §  1.) 


320 

978.  Application,  in  writing — Published  notice — Bond — 
Mayor  and  clerk  to  issue  permit — Duration — Register  of  per- 
mits.— Any  person  desirous  of  obtaining  such  permit  shall 
apply,  in  writing,  to  the  common  council,  stating  the  business 
he  is  desirous  to  pursue,  and  specifying  the  premises  whereon 
the  same  is  to  be  conducted.  He  shall  give  one  week's  notice 
in  a  daily  paper  of  this  city,  of  his  intention  to  apply  for  such, 
specifying  the  business  and  locality.  If  such  application  shall 
be  granted  it  shall  thereupon  be  the  duty  of  the  applicant  to 
enter  into  a  bond,  with  one  or  more  securities,  to  be  approved 
by  the  common  council,  in  the  penal  sum  of  not  less  than 
one  hundred  dollars  ($100)  nor  more  than  two  thousand  dol- 
lars ($2,000).  conditioned  that  the  said  applicant  will  faith- 
fully comply  with  all  the  requisitions  of  this  ordinance,  and 
for  the  payment  of  all  penalties  which  may  be  incurred  by 
him  for  any  violation  thereof.  And  upon  the  execution  of 
said  bond  it  shall  be  the  duty  of  the  mayor  and  clerk  to  issue 
a  permit  to  the  applicant,  which  permit  shall  continue  in 
force  for  the  period  of  one  (1)  year  from  and  after  the  date 
thereof,  and  the  clerk  shall  keep  a  register  of  all  permits 
which  may  be  issued. 

(Id.«§  2.) 

979.  Bones,  offal,  etc.,  not  to  fall  on  ground — Or  remain 
on  premises,  how  long — Collection  and  disposal  of. — No  per 
son  obtaining  a  permit  as  aforesaid  shall  suffer  any  bones, 
offal,  blood,  liquor  from  steam  tubs,  or  other  offensive  matter 
to  fall  or  run  upon  the  ground,  or  place,  or  suffer  to  remain 
on  his  premises  as  aforesaid  any  bones,  tilth,  offal,  blood,  or 
offensive  matter,  for  a  longer  period  than  twent)  tour  (24) 
hours,  from  the  first  day  of  May  to  the  first  da)  of  November, 
nor  more  than  forty-eight  (48)  hours  during  any  other  part 
of  the  year;  but  he  shall  collect  the  same,  and  so  bury  them 

Or  Otherwise   dispose  of   them,   as   nol    to  become  a    nuisance. 

(Id.  §  3.     See.  also,  §  519,    Article  XL..  Health   Department.) 

980.  Premises  to  be  clean — Steaming  and  boiling  not  to  be 
offensive. —  Every  person   who  shall  have  obtained  a   permit, 

iforesaid,  shall  at  all  times  keep  his  premises  in  a  clean, 
healthy  and  inoffensive  condition;  and  no  person  shall  steam 


330 

or  boil  any  animal  substance  when  such  steaming  or  boiling 
shall  taint  the  air.  so  as  to  render  it  offensive  to  the  inhabit- 
ant.- of  the  city. 

(Id.  §  4). 

981.  Penalty. — Any  person  violating  any  provisions  of  this 
ordinance  shall,  on  conviction  thereof,  be  punished  by  a  fine 
not  exceeding  one  hundred  dollars  ($100). 

(Id.   §  5.) 

SMOKE  (DENSE). 

982.  Dense  smoke — Emission  of,  a  nuisance. — That  the 
emission  of  dense  smoke  from  the  smokestack  of  any  boat  or 
locomotive,  or  from  any  chimney,  anywhere  within  the  City 
of  St.  Paul  is  hereby  declared  to  be  a  nuisance ;  and  whoso- 
ever shall  permit  or  allow  the  emission  of  dense  smoke  from 
any  such  smokestack  or  chimney  shall  be  deemed  and  held 
guilty  of  creating  a   nuisance. 

(Ord.  1841,  Oct.  3,  1895,  §  1.) 

983.  Owners,  etc.,  of  boats,  engines,  buildings,  not  to  per- 
mit issue  of  dense  smoke. — Xo  owner  of  any  boat  or  locomo- 
tive engine,  nor  the  person  or  persons  employed  as  engineer 
or  otherwise,  in  the  working  of  the  engine  or  engines  in  any 
boat  or  of  any  locomotive  engine,  nor  the  owner,  lessee, 
agent  or  occupant  of  any  building,  nor  the  person  or  persons 
employed  as  fireman  or  engineer  or  otherwise  in  the  working 
of  the  furnace  or  engine  in  any  building,  nor  any  person  hav- 
ing the  control  of  any  such  furnace  or  engine,  shall  permit  or 
allow  dense  smoke  to  issue  or  to  be  emitted  from  the  smoke 
stack  of  any  boat  or  locomotive  engine,  or  the  chimney  of 
any  building  within  the  corporate  limits  of  the  city  of  St.  Paul. 
(As  amended  by  Ord.  1968,  approved  Feb.  2,  1898.     Id.  §  2.) 

984.  Penalty. — Every  person  creating  the  nuisance  speci- 
fied in  section  one  (1)  of  this  ordinance,  and  every  person  vio- 
lating any  of  the  provisions  of  section  two  (2)  of  this  ordi- 
nance, shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
(25)  nor  more  than  one  hundred  (100)  dollars,  or  by  impris- 
onment of  not  less  than  ten  (10)  nor  more  than  ninety  (90) 
days.  (Id.   §  3.) 


331 

985.  Ordinance  to  take  effect  Nov.  1,  1895. — This  ordi- 
nance shall  take  effect  and  be  in  force  from  and  after  the  first 
day  of  November,  A.  D.  1895. 

(As  amended  by  Ord.  2211,  approved  Sept.  10,  1901.     Id.  §  4.) 

SPITTING. 

Ordinance  No.  2225. 

(Approved  November  20,  1901.) 

986.  An  Ordinance  prohibiting  spitting  upon  sidewalks  and 

upon  the  floors  of  theaters,  churches  and  concert 
halls,  and  also  to  prohibit  the  throwing  or  dropping 
of  any  fruit  or  vegetables,  Or  any  part  thereof, 
thereon. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows  : 

Sec.  1.  That  from  and  after  the  passage,  approval  and 
publication  of  this  ordinance  it  shall  be  unlawful  for  any 
person  to  spit,  or  expectorate,  or  deposit,  or  place  any  sputum, 
spittle  saliva,  phlegm,  mucus  or  tobacco  juice  upon  any  part 
of  any  sidewalk  in  the  City  of  St.  Paul,  or  upon  any  part  of 
the  floors  of  theaters,  churches  or  concert  halls  located  within 
said   city. 

987.  Sec.  2.  Vegetable  and  waste  matter. — That  from  and 
after  the  passage,  approval  and  publication  <»f  this  ordinance 
it  shall  be  unlawful  for  any  person  to  throw,  drop,  deposit  or 
place  upon  any  pan  of  any  sidewalk  in  the  City  of  St.  Paul, 
or  upon  any  part  of  the  floors  of  theaters,  churches  or  con 
cert  halls  located  within  said  city.  an\  fruit  or  vegetable  mat- 
ter of  any  sorl  or  description,  or  the  peel  or  rind  of  any  part 
thereof. 

988.  Sec.  3.  Duties  of  police  and  health  officers. —  It  is 
hereby  made  the  dut)  From  and  after  the  passage,  approval 
and  publication  thereof,  of  every  officer  of  the  police  and 
health  department  of  the  City  of  St.  Paul  t.>  apprehend  and 
arrest   any  person  violating  the  terms  and  provisions  hereof. 

989.  Sec.  4.     Penalty. — Any  person  violating  the  terms  and 

provisions  of  this  ordinance  shall,  upon   conviction   thereof,  bo 


punished  1>\  a  fine  of  not  less  than  one  dollar  ($1)  nor  more 
than  fifty  dollars  ($50),  or  by  imprisonment  of  not  less  than 
one  I  1  I  nor  more  than  sixty  (60)  days. 

990.  Sec.  5.  Old  ordinances  repealed. — All  ordinances,  and 
parts  oi  ordinances,  inconsistent  herewith  arc  hereby  repealed. 

See.  (J.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

Ordinance  No.  2150. 
I  Approved  November  8,  1900.) 

An  Ordinance  to  prohibit  spitting  upon  sidewalks,  and  also  to 
prohibit  the  throwing  or  dropping  of  any  fruit  or  vege- 
tables, or  any  part  thereof,  thereon. 
The  Common   Council  of  the   City  of  St.    Paul   do  ordain  as 
follows : 

Sec.  1.  That  from  and  after  the  passage,  approval  and 
publication  of  this  ordinance  it  shall  be  unlawful  for  any  per- 
son to  spit  or  expectorate,  or  deposit,  or  place  any  sputum, 
spittle,  saliva,  phlegm,  mucus  or  tobacco  juice  upon  any  part 
of  any  sidewalk  in  the  City  of  St.  Paul. 

991.  Sec.  2.  General  provision. — That  from  and  after  the 
passage,  approval  and  publication  of  this  ordinance  it  shall  be 
unlawful  for  any  person  to  throw,  drop,  deposit  or  place  upon 
any  part  of  any  sidewalk  in  the  City  of  St.  Paul  any  fruit  or 
vegetable  matter  of  any  sort  or  description,  or  the  peel  or  rind, 
or  any  part  thereof. 

992.  Sec.  3.  Duty  of  officers. — It  is  hereby  made  the  duty 
from  and  after  the  passage,  approval  and  publication  hereof 
of  every  officer  of  the  police  and  health  department  of  the  City 
of  St.  Paul  to  apprehend  and  arrest  any  person  violating  the 
terms  and  provisions  hereof. 

993.  Sec.  4.  Penalty. — Any  person  violating  the  terms  and 
provisions  of  this  ordinance  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  of  not  less  than  one  dollar  ($1)  nor  more 
than  fifty  dollars  ($50),  or  by  imprisonment  of  not  less  than 
one  (1)  nor  more  than  sixty  (60)  days. 


333 

Sec.  5.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

Ordinance  No.  2029. 

(Approved  February  23,  1899.) 

994.  An  Ordinance  to  prohibit  spitting  upon  street  cars. 
The  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  No  person  shall  spit  or  expectorate,  or  deposit, 
or  place  any  sputum,  spittle,  saliva,  phlegm  or  mucus  upon 
the  floor  or  inside  furnishings  or  equipments,  or  in  imy  place 
upon  the  qutside,  or  upon  any  platform,  of  any  street  car, 
while  the  same  is  in  use  upon  any  of  the  streets  or  highways 
in  the  City  of  St.  Paul,  or  in  any  manner  defile  or  pollute  the 
floor,  furnishings,  equipments  or  platform  of  any  street  car 
while  in  use  upon  any  of  the  streets  or  highways  of  said  city. 

995.  Sec.  2.  Penalty. — Any  person  who  shall  violate  any 
of  the  provisions  of  this  ordinance  shall  be  fined  in  the  sum 
of  not  to  exceed  fifty  dollars  ($50),  or,  in  case  of  default  in 
the  payment  of  such  fine,  be  imprisoned  not  to  exceed  thirty 
days. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

STREETS,  ALLEYS,  PUBLIC  GROUNDS,  SIDEWALKS. 
i  See,  also,  Charter,  | 

996.  Excavations,  etc. — Permit — Conditions. — No  person  or 
ons,   corporations,   contractors   or   their   employes,   other 

than  the  board  of  water  commissioners  and  the  St.  Paul  Gas 
light  Company,  and  their  employes,  shall  make  or  cause  any 
ivation  to  be  made  into,  or  any  material  to  be  placed  upon 
any  street,  sidewalk,  alley  or  other  public  grounds  of  the  City 
of  St.  Paul,  without  a  permil  obtained  from  the  city  • 
which  permii  shall  siate  the  character  and  location  of  the 
work,  name  of  the  person  "i-  persons  to  which  said  permil  is 
granted,  the  date  and  the  length  of  time  for  which  the  same 
was  granted,  which  shall  be  only  such  reasonable  time  as  will 


334 

Ik-  necessary  to  complete  the  improvement,  and  shall  be 
granted  upon  the  condition  thai  the  applicant  will  leave  the 
street,  sidewalk,  alley  or  other  public  grounds  at  the  expira- 
tion of  said  permit,  in  as  good  condition  as  when  the  permit 
was  -ranted,  and  that  he  will  at  all  times  keep  the  place  prop- 
erly guarded  by  day  and  lighted  by  night,  so  as  to  prevent 
accidents,  and  will  save  the  city  harmless  from  any  and  all 
suits,  damages,  costs  and  charges  that  may  accrue  from  the 
applicant's  nse  of  said  street,  sidewalk,  alley  or  other  public 
grounds.  Such  permit  shall  he  kept  at  the  location  men- 
tioned therein,  during  the  progress  of  the  work,  and  must, 
on  demand,  be  shown  to  any  police  officer  of  the  said  city. 
(Ord.  No.  436,  approved  Aug.  19,  1884,  in  Art.  LXXVII.r 
Municipal  Code  of  lSSd,  §  1.  See  Danger  Signals, 
and  Building  Code.) 

997.  Same — Application  for  permit,  state  what. — AH 
applications  for  permits  shall  state  the  character  and  loca- 
tion of  the  work,  and  the  time  required  to  complete  the  same, 
and  that  the  applicant  will  in  every  particular  conform  to  all 
the  provisions  of  this  and  all  other  ordinances  of  the  city  in 
regard  to  streets,  allevs  and  public  grounds. 

fid.  §  2.) 

998.  Same — Fee  for  permit — Refilling,  how  done — Re- 
paving. — Before  the  city  engineer  shall  grant  any  permit  to 
excavate  in  any  paved  street  he  shall  require  the  applicant 
to  pay  the  sum  of  five  dollars  ($5)  to  reimburse  the  city  for  the 
expense  of  superintending  the  proper  refilling  of  said  excava- 
tion. After  any  excavation  shall  have  been  made  in  any  paved 
street,  the  party  so  excavating,  before  and  when  ready  to  re- 
fill said  excavation  or  trench,  shall  notify  the  city  engineer, 
whose  duty  it  shall  be,  without  delay,  to  send  some  compe- 
tent person  to  superintend  the  refilling  of  the  trench,  and  the 
person  to  whom  the  permit  has  been  issued  must  cause  the 
earth,  in  refilling  the  trench,  to  be  laid  in  layers  not  more 
than  six  inches  in  depth,  and  each  layer  wetted  and-  rammed, 
to  prevent  after  settlement,  and  relay  the  pavement  in  a  good 
and  substantial  manner,  to  the  satisfaction  of  the  city  engi- 
neer, i  Id.  §  3.) 


335 

999.  Same — Without  permit — Duty  of  police — Excep- 
tion.— It  shall  be  the  duty  of  any  police  officer  to  arrest  any 
person  or  persons  found  excavating  or  placing  any  material 
upon  any  street,  sidewalk,  alley  or  other  public  ground,  un- 
less said  party  exhibit  the  permit  required  by  this  ordinance, 
except  the  Board  of  Water  Commissioners  and  the  St.  Paul 
Gas  Light  Company  and  their  employes. 

(Id.  §4.)    ' 

1000.  Same — City  engineer  to  keep  record — Copy  for 
chief  of  police. — It  shall  be  the  duty  of  the  city  engineer  to 
keep  a  record  of  all  licenses  issued  under  this  ordinance,  and 
to  transmit  a  copy  of  any  license  issued  to  the  chief  of  police. 

(  1,1.  §5.) 

1001.  Same — By  board  of  water  commissioners  or  St. 
Paul  Gas  Light  Company — Notice  to  city  engineer  and  dia- 
gram.— That  whenever  it  may  become  necessary  for  the 
Board  of  Water  Commissioners  of  the  City  of  St.  Paul,  or 
the  St.  Paul  Gas  Light  Company  to  excavate  upon  any  public 
street,  alley  or  public  ground,  for  the  purpose  of  laying  any 
water  or  gas  pipe,  or  to  make  house  connections  or  repairs, 
such  Board  of  Water  Commissioners  or  Gas  Light  Company 
shall,  within  twenty-four  (24)  hours  after  entering  upon 
such  street  or  alley,  or  public  ground,  notify  the  city  engi- 
neer in  writing,  of  such  excavation  and  for  what  purpose, 
with  an  exact  diagram  of  the  proposed  work,  and  of  its  loca- 
tion  a^   to    Street,   alley   or   public   ground. 

(Id.  §6.) 

1002.  Same — Same — Must  leave  street,  etc.,  in  condition. 
— And  it  is  hereby  made  the  duty  of  the  said  Board  of  Water 
Commissioners  and  Gas  Lighl  Company,  whenever  thej  shall 
have  entered  upon  any  public  street,  alle\  or  public  -round, 
for  the  purpose  of  laying  water  or  gas  pipes,  making  con 
nections  or  repairs,  to  leave  said  public  street,  .•  1 1 1  < ■  \  or  public 
ground  in  like  condition  as  either  of  the  same  nia\  have  been 
before  having  been  entered  upon  and  excavated  l>\  said 
Board  of  Water  Commissioners  or  Gas  Lighl  Company. 

(Id.  §7.) 


336 

1003.  Same — Same — Failure  to  put  street,  etc.,  in  con- 
dition— Duty  of  city  engineer. — Whenever  the  said  Board  of 
Water  Cornmissioners  or  Gas  Light  Company  shall  neglect 
oi  fail  to  place  any  street,  alley  or  public  ground,  iii  the  same 
condition  as  they  were  before  being  interfered  with,  or  exca- 
vated,  by  the  said  Hoard  of  Water  Commissioners  or  Gas 
Light  Company,  it  is  hereby  made  the  duty  of  the  city  engi- 
neer to  cause  a  notice  to  be  served  upon  the  said  Board  of 
Water  Commissioners,  or  Gas  Light  Company,  to  place  that 
part  of  any  street,  alley  or  public  ground,  in  good  repair  with- 
in twenty-four  (24)  hours  after  the  service  of  said  notice, 
and  in  case  of  the  failure  of  the  said  Board  of  Water  Com- 
missioners, or  Gas  Light  Company,  to  place  said  street, 
alley  or  public  ground,  in  repair,  it  is  hereby  made  the  duty 
of  the  City  Engineer,  forthwith,  after  the  expiration  of  said 
time  hereinbefore  named,  to  cause  the  same  to  be  placed  in 
good  repair,  charging  to  the  said  Board  of  Water  Commis- 
sioners, or  Gas  Light  Company,  as  the  case  may  be,  double 
the  cost  of  making  said  repair,  and  shall  file  the  bill  for  the 
same  with  the  City  Comptroller,  who  shall  deduct  the  same 
out  of  any  money  due,  or  to  become  due,  the  said  Board  of 
Water  Commissioners  or  Gas  Light  Company,  as  the  case 
may  be,  from  the  City  of  St.  Paul ;  but  the  said  Engineer 
shall,  within  twenty-four  (24)  hours  after  such  repairing  is 
made,  file  a  bill  with  said  Board  of  Water  Commissioners  or 
Gas  Light  Companv,  as  the  case  may  be. 

(Id.  §  8.) 

1004.  Same — Same — Streets  paved  with  wood,  macadam- 
ized or  surfaced  with  gravel — Duty  of  board  or  gas  company 
— Duty  of  City  Engineer. — In  case  of  streets  paved  with  wood, 
resting  on  planks  or  boards,  or  macadamized  streets,  or  streets 
surfaced  with  gravel,  which  shall  be  entered  upon  and  exca- 
vated by  the  Board  of  Water  Commissioners,  or  Gas  Light 
Company,  it  shall  be  the  duty  of  said  Board  of  Water  Com- 
missioners, or  Gas  Light  Company,  to  refill  the  trench  or 
excavation,  either  by  tamping  or  puddling,  or  both,  as  the 
case  may  be,  so  as  to  render  it  as  near  the  same  condition  it 
was  before  the  making  of  the  excavation,  and  when  this  is 
done,   and   the   foundation   plank   of  the   pavement   relaid,   or 


ready  for  the  macadamizing  material,  or  surfacing"  material, 
it  shall  be  the  duty  of  the  City  Engineer  to  have  the  same 
repaired  in  a  good,  workmanlike  manner,  the  cost  of  which 
paving  or  repairing  shall  be  paid  by  the  Board  of  Water  Com- 
missioners, or  Gas  Light  Company,  bills  for  the  same  to  be 
fded  with  the  Comptroller  and  deducted  out  of  any  money 
which  may  be  due.  or  to  become  due,  from  the  City  to  the 
Board  of  Water  Commissioners  or  Gas  Light  Company  ;  but 
said  Engineer  shall,  within  twenty-four  (24)  hours  after 
making  such  repairs,  file  a  notice  thereof  of  its  exact  location 
and  cost  with  said  Board  of  Water  Commissioners,  or  Gas 
Light  Company,  as  the  case  may  be. 

(Id.  §  9.) 

1005.  Same — Same — Settling  after  refilling — Repaying — 
Duty  of  City  Engineer. — In  the  refilling  of  any  trench  or 
excavation  upon  the  paved  streets  by  the  Board  of  Water 
Commissioners  or  Gas  Light  Company,  if  the  same  shall  be 
done  in  such  manner  as  to  settle,  causing  it  necessary  to 
relay  or  replace  the  paving  the  second  time,  then  it  shall  be 
the  duly  of  the  City  Engineer  to  notify  the  Board  of  Water 
Commissioners,  or  Gas  Light  Company,  as  the  case  may  1k\ 

uch  settling,  and  the  City  Engineer  shall,  without  delay, 
have  said  paving  retaken  up  and  relaid  properly,  charging 
the  Board  of  Water  Commissioners  or  the  Gas  Light  Com- 
pany double  the  COSl  of  such  relaying  and  repairing.  Bills 
thereof  shall  be  filed  with  the  Comptroller,  and  deducted  oul 
of  the  first  money  <\uc  from  the  city  to  the  said  Board  of 
Water  Commissioners,  or  Gas  Light  Company,  as  the  ease 
lie;  but  said  engineer  shall  file  with  said  Board  or  Gas 
Lighl  Company  like  notice,  within  similar  time,  as  specified 
in  the  lasl  preceding  section  of  this  ordinance. 

fid.  §  Ki.i 

1006.  Same — Same — Penalty  for  failure  to  serve  notice  on 
City  Engineer — Duty  of  City  Engineer  and  Comptroller. —  If 
the  Board  of  Water  Commissioners  or  Gas  Lighl  Company 
shall  fail  or  neglect  to  serve  upon  the  City  Engineer  the 
notice  provided  for  in  section  seven  (7)  of  this  ordinance, 
within  the  time  therein  named,  it  -hall  be  the  dut)  ol 
City  Engineer  to  reporl  tin-  fad  to  the  City  Comptroller, 


338 

shall  thereupon  retain  the  sum  of  twenty-five  dollars  ($25) 
out  of  any  money  due.  or  to  become  due,  from  the  City  of 
St.  Paul  to  said  Board  of  Water  Commissioners  or  Gas  Light 
Company,  as  a  penalty  for  such  failure. 

(id.  §110 

1007.  Same — Penalty  for  violation  of  ordinance. — Any  per- 
son or  persons  violating  any  of  the  provisions  of  this  ordi- 
nance, or  neglecting  or  refusing  to  comply  with  any  of  the 
conditions  of  any  license  which  has  been  issued  to  him  or 
them,  shall,  on  conviction,  forfeit  and  pay  a  fine  of  not  less 
than  twenty  dollars  ($20)  nor  more  than  one  hundred  dol- 
lars  ($100). 

(Id.  §  12.) 

1008.  Board  of  Water  Commissioners  and  St.  Paul  Gas 
Light  Company — Main  pipes,  how  laid. — That  the  said  Board 
of  Water  Commissioners  and  the  said  Gas  Light  Company 
shall  hereafter  la}-  their  main  pipes  on  opposite  sides  of  the 
streets  of  the  city,  at  a  distance  of  not  less  than  twelve  (12) 
feet  from  the  center  on  such  streets  as  are  not  less  than  sixty 
(60)  feet  in  width,  and  not  less  than  eight  (8)  feet  from  the 
center  on  such  streets  as  are  less  than  sixty  (60)  feet  in 
width.  Said  Board  of  Water  Commissioners  shall  lay  its 
mains  on  the  northerly  and  westerly  sides  of  all  streets,  and 
said  Gas  Company  shall  lay  its  mains  on  the  southerly  and 
easterly  sides  of  all  streets. 

( Id.  §  13,  added  by  Ord.  No.  453,  approved  Oct.  11,  1884,  §  1.) 

1009.  Blasting,   quarrying — Permit — Restrictions — Penalty. 

—  It  shall  not  be  lawful  for  any  person,  firm,  corporation,  or 
others,  to  dig,  excavate  or  quarry  rock,  by  blasting  or  other- 
wise, within  or  upon  any  of  the  streets,  alleys,  highways  or 
other  property  belonging  to  the  City  of  St.  Paul,  or  in  or 
upon  any  private  property  within  the  corporate  limits  of  St. 
Paul,  except  by  and  upon  a  permit,  in  writing,  first  had  and 
obtained  from  the  Mayor  of  said  City,  and  then  only  under 
the  following  restrictions,  viz.:  The  person,  firm,  corpora- 
tion  and  others  shall  prevent  all  stone  from  being  projected 
out  of  and  beyond  the  immediate  vicinity  where  the  same 
is  being  dug.  excavated  or  quarried,  upon  property  adjacent 


thereto,  or  to  the  annoyance  or  disturbance  of  persons  resid- 
ing or  being  in  the  neighborhood  where  such  work  is  being 
done  and  prosecuted.  Each  blast,  before  being  fired,  shall 
be  covered  with  such  covering  as  will  effectually  prevent  any 
and  all  stone  being  thrown  or. projected  upon  adjacent  prop- 
erty or  streets,  except  upon  such  part  or  portion  of  said 
property  or  street  as  the  owner  or  occupant  thereof,  or  the 
Mayor,  may  give  a  permit  in  writing,  to  be  used  for  that 
purpose.  All  places  where  any  such  digging,  excavating  or 
quarrying  is  being  done,  in  or  upon  any  of  the  streets,  alleys, 
highways  or  other  property  belonging  to  the  city,  must  and 
shall  be  protected  and  guarded,  in  the  manner  following:  B3 
suitable  guards  by  day.  and  by  lights  at  night,  if  necessary, 
and  such  as  will  prevent  accidents  of  every  kind.  Any  per- 
son, or  others,  violating  this  section  in  any  particular,  shall 
be  liable  to  a  penalty  of  not  less  than  ten  dollars  ($10)  or 
more  than  fifty  dollars  ($50). 

(Ord.    No.    217,   approved   Aug.    8,   1880,    in    Article    I, XX  VI. 
Municipal  Code    1884,  §  1.     See,  also,  Danger  Signals.) 

1010.  Sidewalk  construction — City  Engineer  and  Board  of 
Public  Works  direct. — All  sidewalks  which  may  be  ordered 
by  the  Common  Council  shall  be  constructed  under  the  super- 
intendence of  the  City  Engineer,  and  to  the  satisfaction  of 
the  Board  of  Public  Works,  and  shall  be  constructed  of  such 
materials  and  of  such  widths,  and  011  such  line  and  grade  as 
the  Board  of  Public  Works  shall  in  each  particular  case 
determine. 

of    \]>nl  :;.   is;;,  i,,   Article   LXVII1.  Municipal  Code, 

I  SSI.    §     L) 

1011.  Same — Board  of  Public  Works  may  establish  side- 
walk grade — Penalty,  construction  without  or  contrary  to 
grade. — Whenever  any  sidewalk  -hall  he  ordered  by  the  Com- 
mon Council  upon  any  street  when-  a  grade  ma)  not  have 
hem  established,  the  Board  of  Public  Work-  ma)  establish 
a  sidewalk  grade  until  a  permanent  grade  shall  he  established 

b\  the  Common  Council.  If  an)  person  shall  build,  or  assist 
in  building,  any  sidewalk  where  no  grade  has  ),.  .  n  1  tablished 
without    first   obtaining  a  grade   thei  im   th<    Board  oi 

Public  Work-,  or  contran  to  any  grade  which  ma)  be  obti 


340 

from  said  board,  or  shall  build,  or  assist  in  building,  any  side- 
walk contrar}  to  any  grade  which  may  be  established  by  the 
Common  Council,  or  contrary  to  any  of  the  provisions  of  this 
section,  such  person  shall  be  liable  to  a  fine  of  ten  dollars 
($10)  for  every  day  he  shall  fail  to  remove  or  reconstruct 
the  same,  after  notice  by  the  Board  of  Public  Works  to  move 
i  'i-  reconstruct  the  same. 

(Id.  §  2.) 

1012.  Same — Repeal. — Ordinance  [entitled]  "Sidewalk  reg- 
ulations," approved  June  5,  L872,  is  hereby  repealed. 

(Id.  §  3.) 

1013.  Same — University  avenue — Wooden  Sidewalks  pro- 
hibited— Permission — Penalty. — That  it  is  hereby  declared  to 
be  unlawful  and  a  misdemeanor  for  any  person,  hrm,  company 
or  corporation  to  lay  a  wooden  sidewalk  at  any  point  or  place 
on  University  avenue  between  Rice  street  and  Dale  street, 
without  first  obtaining  permission  of  the  Common  Council  so 
to  do.  and  any  person,  firm,  company  or  corporation  who  shall 
violate  any  of  the  provisions  of  this  ordinance  shall,  upon  con- 
viction thereof,  be  fined  in  a  sum  of  not  less  than  twenty-five 
i  25)  or  more  than  one  hundred  dollars  ($100). 

(Ord.  No.  1332,  approved  May  20-,  1890,  §  1,) 

1014.  Obstructions. — Xo  person  shall  encumber  or  obstruct 
any  sidewalk,  lane,  alley,  public  ground,  public  landing,  wharf 
or  pier,  or  other  public  place,  by  placing  thereon  or  therein  any 
building  materials,  carriages,  carts,  wagons,  sleighs,  boxes, 
lumber,  firewood,  posts,  awnings  or  any  other  materials  or 
substance  whatever. 

K  )rd.  Xo.  438,  approved  Aug.   L9,  1884,  in  Article  LXXVIII, 
Municipal  Code  1SS4,  §  1.) 

1015.  Throwing  or  depositing  dirt,  paper,  filth,  etc. — Xo 
person  shall  throw  or  deposit,  or  permit  to  be  thrown  or  de- 
posited, any  dirt,  paper  or  filth,  the  sweepings  of  any  house, 
store  or  shop,  or  office,  or  any  ashes,  shavings,  filthy  water, 
offal,  straw,  wood,  stones,  earth,  manure  or  rubbish  of  any 
kind,  on  or  into  any  street,  sidewalk,  lane,  alley  or  public 
ground  of  the  city. 

(Id.  §2.) 


3  1 1 

1016.  Digging  or  removing  stone,  earth,  etc. — No  person 
shall  dig,  remove  or  carry  away,  or  cause  the  same  to  be  done, 
any  stone,  earth,  sand  or  gravel  from  any  street,  lane,  alley 
or  public  ground  within  the  City  of  St.  Paul. 

(Id.  §  3.) 

1017.  Wagon,  etc.,  being  repaired,  etc. — Stand,  how  long. — 

No  person  shall  suffer  any  carriage,  wagon,  cart,  sleigh  or 
sled,  for  the  purpose  of  being  repaired,  or  for  any  other  pur- 
pose, to  remain  or  stand  in  any  street  or  lane,  for  more  than 
one  hour.  ( Id.  §  4.) 

1018.  Throwing  stones,  etc.,  shooting  arrows,  coasting — 
Penalty. — That  it  shall  not  be  lawful  for  any  hoy  or  person  to 
throw  stones  or  other  missiles  on  any  street,  lane  or  alley 
within  the  limits  of  the  city. 

That  it  shall  not  be  lawful  for  any  boy  or  person  to  shoot 
arrows  or  coast  with  sleds  on  any  of  the  public  streets. 

Any  boy  or  person  violating  the  provisions  of  this  ordin- 
ance shall  be  punished  by  a  fine  of  not  less  than  five  dollars 
($5)  nor  more  than  ten  dollars  ($10),  or  by  imprisonment  in 
the  workhouse  for  a  period  not  exceeding  ten  (10)  days, 
(Ord.  approved  Oct.  7,  L869,  in  Article  LXXXI,  Municipal 
Code.  L884,  §§  1.  '!.  3.) 

1019.  Sliding  and  coursing, — No  person  shall  slide  or 
course,  upon  hand  sleds,  skates  or  any  other  manner,  in  or 
upon  any  sidewalk,  street,  lane,  alley  or  public  ground  in  said 
city. 

(Ord.  No.    1:38,  approved  Aug.  L9,  L884,  in  Article  I.X.W  111. 
Municipal  Code  1  ss  | ,  §  5.) 

1020.  Drains,  ditches,  bridges,  across  streets,   etc. — Injur- 
ing or  obstructing. —  No  person  shall  make  any  drain,  ditch  or 
bridge  across  any  street,  lane,  alley  or  public  ground  in 
city,  so  as  to  injure  the  same  or  obstrucl  its  passage. 

i  Id.  §  6.) 

1021.  Buildings  on. —  No  person  shall  build,  or  place  any 
building,  in  whole  or  in  part,  upon  an}  street,  alley,  sidewalk 
or  other  public  ground  within  the  Cit}   of  St.   Paul. 

(Id.  §7.) 


1022.  Goods  or  merchandise  on  sidewalk  beyond  front  line 
ot  lot. — No  person  or  persons  shall  place,  or  suffer  to  be  placed, 
upon  any  sidewalk  in  the  City  of  St.  Paul,  any  goods,  wares, 
or  merchandise,  for  sale  or  show,  beyond  the  front  line  of  the 
lot  where  such  goods  may  be  so  exposed. 

(Id.  §  8 

1023.  Depositing  rubbish,  wood  or  other  obstruction  on 
sidewalk  or  crossing. — No  person  shall  pile,  deposit  or  place, 
or  cause  or  permit  to  be  deposited,  piled  or  placed,  any  rub- 
lush,  wood,  coal  or  merchandise,  dirt,  impediment  or  obstruc- 
tion of  any  kind,  upon  or  over  any  sidewalk  or  crossing  in 
said  city,  nor  to  occupy  or  obstruct  any  sidewalk  or  crossing, 
so  as  to  interfere  with  the  convenient  use  of  the  same  by  all 
passengers. 

(Id.  §9.) 

1024.  Receiving  or  delivering  goods  on  sidewalk — Clear 
passageway — Goods  may  remain,  how  long. — No  person  or 
persons  receiving  or  delivering  goods,  wares  or  merchandise, 
in  the  City  of  St.  Paul,  shall  place  or  keep  upon,  or  suffer  to 
be  placed  or  kept  upon,  any  sidewalk,  any  goods,  wares  or 
merchandise  which  he  or  they  may  be  receiving  or  delivering, 
without  leaving  a  passageway  clear  upon  such  sidewalk  where 
such  goods  may  be.  of  four  (4)  feet  wide,  for  the  use  of  foot 
passengers;  and  no  person  or  persons  receiving  or  delivering 
such  goods  shall  suffer  the  same  to  be  or  remain  on  such 
sidewalk  (subject,  nevertheless,  to  the  foregoing  restrictions) 
for  a  longer  period  than  twenty-four  (24)  hours. 

(Id.  §  10.) 

1025.  Sales  at  public  auction — Duty  of  police  relative  to 
obstructions. — Xo  person  or  persons  shall  sell  or  attempt  to 
sell,  or  shall  cry  for  sale  at  public  auction,  in  the  City  of  St. 
Paul,  any  goods,  chattels  or  personal  property  whatever,  to 
any  person  or  persons,  upon  the  sidewalks  or  streets  within 
the  said  city,  so  as  to  collect  a  crowd  upon  the  said  sidewalks 
and  streets,  whereby  the  free  passage  thereof  to  any  person 
or  persons  is  prevented  or  hindered.  This  section  shall  in- 
clude licensed  auctioneers  of  the  city.  And  it  is  hereby  made 
the  express  duty  of  the  chief  of  police,  and  all  police  officers 


■  >  1.1 

of  said  city,  to  cause  the  strict  observance  of  this  and  all  other 
ordinances  relative  to  the  obstruction  of  sidewalks  and  streets 
within  said  city. 

(Id.  §  11.) 

1026.  Driving,  etc.,  horse,  cart,  etc.,  across  sidewalk,  pave- 
ment or  curb,  unless  suitable  crossing — Crossing  to  be  fur- 
nished by  owner  or  occupant  and  kept  in  repair. — Ni  >  persi  >n  or 

persons  shall  push  or  draw,  back  or  drive,  or  ride,  any  horse, 
carriage,  cart,  sleigh  or  other  vehicle,  or  anydiorse,  mule,  cow 
or  other  animal,  over  or  across  any  sidewalk,  pavement  or 
curb,  into  any  house,  building,  lot  or  other  enclosure,  unless 
such  sidewalk,  pavement  or  curb  has  a  suitable  plank,  brick  or 
stone  crossing,  or  means  of  access;  which  crossing  or  means 
of  access  shall  be  furnished  and  kept  in  repair  by  the  owner 
or  occupant  of  such  house,  building,  lot  or  enclosure,  at  all 
times,  to  the  satisfaction  of  the  street  inspector. 

(Id.  §  12.) 

1027.  Driving  animal,  cart,  etc.,  on  sidewalk  except  at  regu- 
lar crossings — Penalty. — That  it  shall  hereafter  be  unlawful 
for  any  person  to  ride  or  drive  any  animal,  cart,  wagon  or  ear 
riage  along  or  across  any  public  sidewalk  within  the  limits  of 
the  City  of  St.  Paul,  Ramsey  County,  Minnesota,  except  across 
sidewalks  where  regular  crossings  are  provided  for  thai  pur 
]>'  >se. 

Any  person  violating  any  of  the  provisions  "i"  this  ordi 
nance  shall  upon  conviction  thereof  be  subject  to  a  line  of  nol 
1'  --    than   five  dollar^    ($5)    nor   more   than   twenty-five   dollars 
5). 

'  >rd.  No.  L606,  approved  July  L9,  L892,  §§  l.  2.) 

1028.  Horses  not  to  be  fastened  so  as  to  form  obstacle — 
Crossing  and  crosswalks  to  be  free  except  in  cases  of  neces- 
sity.— \'o  person  shall,  ;it  an)  time,  fasten  any  horse  or  horses 
ii'  such  a  way  that  the  horse,  vehicle,  reins  or  lines  shall  he  an 
obstacle    to   the    free    u>r  of   the   sidewalk    or  crossing;  and    all 

crossings  and  crosswalks  in  said  city  shall  he  kept  and  re- 
served, free  from  :ni\  sleighs,  wagons,  carts,  or  carriages,  and 
horse-   or   other  animals,  being   placed   or  suffered   to   stand 


thereon,  except  so  far  as  m;i\  be  necessar}   for  the  same. 
(Ord.  No.   138,  approved  Aug.   L9,  1884,  in  Article  LXXVIII, 
Municipal  Code  1884,  §  13.) 

1029.  Snow,  ice — Occupant  or  owner  to  clear  sidewalk. — 
The  occupant  oi  each  and  every  tenement  or  building  in  the 
City  of  St.  Paul  fronting  upon  any  street  the  sidewalk  of  which 
is  plank,  stone  or  brick,  and  the  owner  of  any  unoccupied  lot 
fronting  as  aforesaid,  shall  clear  the  sidewalk  in  front  of  such 
tenement,  building  or  unoccupied  lot,  as  the  case  may  he.  of 
snow  and  ice,  by  ten  (10)  o'clock  in  the  forenoon  of  each  day, 
and  cause  the  same  to  be  kept  clear  of  snow  and  ice. 

(Id.  §  14.) 

1030.  Window,  area,  steps,  etc.,  projecting  into  sidewa)k — 
Consent  of  council. — No  person  shall  build  or  suffer  to  remain, 
any  bow  or  other  window,  projecting  into  the  sidewalk  more 
than  fifteen  (15)  inches,  nor  any  cellar  door  projecting  into 
the  sidewalk  more  than  five  (5)  feet;  nor  any  porch,  stoop, 
steps  or  area,  more  than  two  ( 2 )  feet. 

(Id.  §15.) 
X'  >  person  shall  build  or  suffer  to  remain  any  how  or  other 
window,  cellar  door,  porch,  stoop,  steps  or  area  projecting  into 
the  sidewalk,  without  first  having  obtained  the  consent  of  the 
Common  Council. 

(See  Ord.  Xo.  543.  approved  July  21,  1885,  §  1.) 

1031.  Cellar  doors  and  gratings  not  to  be  above  sidewalk — 
Fastenings. — Xo  person  shall  allow  any  cellar  door  or  grating 
to  rise  above  the  surface  of  the  sidewalk,  nor  allow  any  fasten- 
ing to  remain  on  the  upper  side  thereof. 

(Ord.  Xo.  438.  approved  Aug.  l'.t.   1884,  in  Article  LXXYIII, 
Municipal  Code  1884.  §  16.) 

1032.  Areas  and  stairs  to  be  fenced. — Every  person  shall 
keep  around  every  area,  between  the  building  and  sidewalk, 
and  on  both  sides  of  every  flight  of  stairs  descending  from  the 
sidewalk  to  the  basement,  owned  or  occupied  by  him,  an  iron 
or  wooden  fence,  at  least  three  (3)  feet  high. 

(Id.  §17.) 

1033.  Sewers  and  ditches — Not  to  be  filled  up  or  obstruct- 
ed.— Xo  person  shall  fill   up,  dam.  or  otherwise  obstruct  the 


345 

free  course  of  the  water,  in  any  of  the  ditches,  or  sewers  within 
the  limits  of  the  City  of  St.  Paul. 

(Id.  §  18.) 

1034.  Penalty. — Any  person  violating  any  provision  of  this 
ordinance  shall,  upon  conviction  thereof,  be  punished  by  a 
fine  not  exceeding  fifty  dollars  ($50). 

(Id.  §  I'.',  i 

1035.  Fast  driving  and  racing — Rate  of  speed — Excep- 
tions.— Jt  is  hereby  made  a  misdemeanor  for  any  person  to 
run  or  race  or  immoderately  ride  or  drive  any  horse  or  horses, 
mare,  gelding  or  mule,  or  for  any  person  to  ride  or  drive  or 
cause  to  be  ridden  or  driven  any  horse,  mare,  gelding  or  mule, 
faster  than  at  the  rate  of  five  (5)  miles  per  hour,  on,  along  or 
through  any  street,  alley  or  highway,  or  over  or  upon  any  pub- 
lic grounds,  squares  or  other  public  property  or  place  within 
the  limits  of  the  City  of  St.  Paul,  or  for  any  person  to  ride  or 
drive  any  or  either  of  the  animals  aforesaid  over,  across  or 
upon  any  street,  crossing  or  cross-walk  at  any  point  or  place 
within  the  limits  of  the  City  of  St.  Paul  at  a  faster  rate  of  speed 
than  a  walk.  Provided,  that  the  provisions  of  this  ordinance 
shall  not  apply  on  any  day  other  than  Sunday  to  the  south 
side  of  Summit  avenue  boulevard  from  Fairvfew  avenue  to 
the  Mississippi  river. 

(Ord.  approved  Oct.   7,   1869,  in  Article  PX.   Municipal  Code 
1884,  §  1  as  amended  by  Ord.  No.  799,  approved  July  21, 
1887,  §  P  as  amended  by  <  >rd.  No.  2072,  approved 
Sept.  20,  1899,  §  1.) 

1036.  Horses,  etc.,  not  to  be  driven  so  as  to  incommode  or 
endanger  persons — Crowded  streets,  processions;  horse,  etc., 
may  be  removed. —  No  person  shall  ride  or  drive  an\  horse  or 
horses  or  other  animals  in  such  a  manner  as  to  endanger  or 
unreasonably  incommode  any  person,  and  when  an)  street,  or 
lane,  or  other  public  place,  is  crowded  with  teams,  wagons,  or 
other  vehicles,  or  through  which  any  civic,  militarj  or  funeral 
procession  is  passing,  any  persbn  having  charge  of  any  h 
team,  wagon  or  other  vehicle,  shall  obey  an  order  for  thi 


346 

al  of  such  horse,  team,  wagon  or  other  vehicle,  given  by 
the  mayor,  chief  of  police  or  any  police  officer, 
(Ord.  approved  Oct.  ^.   1869,  in  Article  LX,  .Municipal  Code 

1884,  §  2.  I 

1037.  Omnibus  or  stage  not  to  pass  other  omnibus  or  stage, 
when. — No  driver  of  any  omnibus  or  stage  shall  pass  or  at- 
tempt to  pass  any  other  omnibus  or  stage  going  in  the  same 
direction,  while  the  same  is  moving  at  the  rate  of  five  (5) 
miles  per  hour. 

(Id.  §3.) 

1038.  Horse,  etc.,  not  to  stand  on  street,  etc.,  unless  fast- 
ened, or  unless  reins  under  control. — No  person  shall  leave  any 
horse  or  horses,  whether  attached  or  unattached  to  any  car- 
riage, wagon,  cab  or  other  vehicle,  standing  on  any  street,  lane, 
alley  or  public  grounds  in  said  city,  unless  the  same  be  secure- 
ly fastened  or  the  reins  be  in  his  hands  or  within  his  reach. 

(Id.  §4.) 

1039.  Horse,  etc.,  not  to  be  tied  to  lamp  post. — No  person 
shall  tie.  hitch  or  fasten  any  horse,  horses,  oxen,  mules  or 
other  animals,  to  any  lamp  post  within  the  limits  of  the  City 
of  St.  Paul. 

(Id.  §5.) 

1040.  Horse,  etc.,  not  to  be  driven  through  funeral,  military 
or  civic  procession. — Xo  person  shall  drive  any  horse  or  car- 
riage or  vehicle  of  any  kind  through  any  funeral,  military  or 
civic  procession. 

(Id.  §6.) 

1041.  Penalty. — Any  person  violating  any  provision  of  this 
ordinance  shall,  upon  conviction  thereof,  be  punished  by  a  fine 
not  exceeding  fiftv  dollars  ($50). 

(Id.  §7.) 

1042.  Team  standing  must  be  fastened  or  held. — That  it 
shall  not  hereafter  be  lawful  for  any  teamster,  or  driver,  or 
owner,  or  any  person  or.  persons  having  in  charge  any  team 
attached  to  any  vehicle,  within  the  City  of  St.  Paul,  to  leave 
the  same  standing  in  or  along  any  public  street  in  said  city, 


without  being  securely  hitched  or  fastened,  Or  without  being 
held  by  some  one  securely. 

(Ord.  approved  June  10,  1870,  in  Article  LXXIX.  .Municipal 
Code  of  1884,  §  1.) 

1043.  Horse,  etc.  running  away — Penalty — Police  to  seize 
hcrse,  etc.,  not  tied  or  held,  and  to  arrest  offender. —  If  any 
horse  or  horses  attached  to  any  wagon,  cart,  dray,  buggy,  car- 
riage, hack,  omnibus  or  other  vehicle  of  any  kind,  runs  away 
on  any  street,  alley  or  public  ground,  wharf,  depot,  or  landing 
in  said  city,  not  being  tied,  hitched,  held  or  fastened,  or  by 
reason  of  any  neglect,  omission,  or  failure  to  comply  with  the 
provision.^  of  the  first  section  of  this  ordinance,  or  by  reason 
of  any  carelessness  of  the  driver,  teamster,  owner,  or  other 
person  or  persons  having  the  same  in  charge,  they  shall  he  sub- 
ject to  a  fine  not  less  than  ten  dollars  ($10),  nor  more  than 
one  hundred  dollars  ($100),  and  it  is  hereby  made  the  express 
duty  of  every  police  officer  or  other  person  having  the  powers 
of  a  policeman  or  police  officer,  to  seize  and  take  any  horse  or 
horses  attached  to  any  vehicle  on  the  street  or  streets,  or  any 
of  the  plates  above  named,  the  same  not  being  tied,  hitched, 
fastened,  held,  or  secured  in  the  ways  above  provided,  and 
cause  the  driver,  teamster,  owner,  or  person  having  the  same 
in  charge,  to  be  arrested,  and  to  appear  and  prosecute  such  of- 
fender before  the  judge  of  the  municipal  court. 

(Id.  §2.) 

1044.  Ordinance  not  to  apply  to  drays,  etc.,  while  loading 
or  unloading — Proviso — Penalty  for  violating  ordinance. — 
'I  lie  provisions  of  this  ordinance,  shall  not  he  construed  to  ap- 
ply to  drays,  truck--,  carts  or  wagons,  while  loading  or  unload- 
ing any  goods,  wares  or  merchandise,  on  the  steamboal  levee 
or  on  the  public  street;  provided,  the  drayman,  teamster  or 

'ii  in  charge  thereof,  stays  near  by  and  within  reach  of  his 
team,  promptly  to  control  said  team.  \nv  person  or  persons 
violating  any  of  the  provisions  of  this  ordinance  shall  he  sub- 
ject to  a   fine  of  not    less  than  ten  dollars  ($10)   nor  more  than 

one  hundred  dollars  ($100),  upon  conviction  before  the  judge 

of  the  municipal  c<  >nrt. 

(Id.  §3.) 


1045.  Teams  pass  to  right — Failure  to  comply,  damage — 
Penalty —  s  passing  d  any  pul  -  .t  in 
tl.e  city  s              —               right  ii              -   -  whore  it  is  |     ss 

any  person  or  pers      s  s  Of 

y  willful  failure  to  comply  here 

--  than  rive 
r   more  than  twenty-five  -      $21        :pon 

conviction  before  the  ]u  Ig 

1046.  Vacation  of  street  or  alley — Fee. —  '.tereafter,.  be- 
fore the  city  clerk  s  any  street  or 
alley  by  the  Common  Council,  the  party  pet/  [J  for  s 
vacu:         a                            the  City  Treasury  the  st 

rs     $V.  i  same  bein^  -  st  of  s 

tion. 

-  ;    588,  No1  L88S     :  ' 

STREET  CARS. 
Sec    lis     Misdemean    rs 

Ordinance  No.  2425. 

■  Approved  see  bel<:- 

1C47  An  Ordinance  making  it  a  misdemeanor  to  ride,  or 

attempt  to  ride,  upon  the  outside  of  any  street  car. 
or  to  hold  on  to  the  same,  while  riding  a  wheel  or 
motor-cycle. 

The  Common   Council  of  the    Citj       I   Si     Pari!    io  ordain  as 
follow?  : 

1.     Any  pc"-  sons  who  shall  ride  .-tempt 

to  ride,  upon  the  out-  street  car  wit' 

the  City  of  St.  Paul,  or  any  person  who.  while  riding 

wheel  or  motor-cycle,  shall  take  b  t  any  s 

the  limit-        -  t  S      Paul  for  the  pnr      -  -iing 

on  to  such  car  while  riding  such  bicycle,  wheel  or  mot  —-: 

shall  be  gnill  sdem 

lOifl  Sec.  2.     Penalty. — Any  person  or  pers      s  -<-ting 

any  of  the  pr       -       s  of        s  nance  shall,  upon  cot 

thereof .  be  punished  by  a  fine  not  exec         g  -  .ven- 

ire dollars     - . " 


349 

Sec.  '■'>.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

The  above  ordinance  having  been  sent  to  the  Mayor  Jan. 
11,  1004,  and  returned  without  his  signature  Jan.  19,  L904,  is  in 
full  force  and  effect  under  the  provisions  of  the  City  Charter. 

STREET  AND  SEWER  FORCE— PAYMENT  OF. 

(But  see  chapter  6,  Special  Laws  of  Minnesota  1891,  and  also 

city  charter.  | 

1049.  Street  inspectors  to  report  pay  rolls  to  city  engineer, 
etc. — That  immediately  after  the  end  of  each  month  the  street 
and  sewer  inspectors  of  the  several  districts  of  said  city  shall 
report  their  respective  pay  rolls  to  the  city  engineer,  which,  if 
approved  by  him,  shall  he  transmitted  to  the  hoard  of  public 
works  for  its  approval,  and  when  by  it  approved  shall  be  forth- 
with transmitted  to  the  city  comptroller,  who  shall  audit  the 
same  and  immediately  transmit  the  same  to  the  city  treasurer, 
who  shall   forthwith  proceed  to  pay  the  amounts  due  thereon 

uch  time  and  place  and  in  such  a  manner  as  can  best  be 
done  to  suit  the  convenience  of  those  interested. 

I  >r<\.  No.  810,  approved  Aug.  2,  1887,  §  L.) 

1050.  Pay  every  two  weeks — Checks. — Any  one  empl 
upon  the  .street   force  shall  obtain  his  pay  at  the  end  of  two 
weeks,  on  the  first  and  third  Monday  in  each  month,  and  shall 

ive  a  certificate  or  check  therefor  for  the  amount  due  him. 
This  check  shall  be  numbered  and  paid  by  the  treasurer  and 
attached  to  the  pay  roll  at  the  <jn(\  of  the  mouth.  1  in 

the  following  section. 

(Id 

1051.  Names  of  employes  to  be  numbered    on  pay    roll — 
Checks. — AH  names  of  persons  employed  by  the 
numbered  upon  eacl                  ive  pay  roll  in  cons<  num- 
b<  r-.  and  the  city  engineer  shall 

1  bearing  the  same  number  as  the  name  on  th< 
roll,  to  each  person  on  said  roll.     He  shall  del 
tc  the  city  treasurer,  who  shall,  after  comparing  them  witl 
pay  roll,  deliver  them  to  the  i  ft  insp<  ctoi  dis- 

h   inspector  will   distribute  them   to  the 


350 

persons  entitled  to  them,  and  the  city  treasurer  shall  pay  these 
certificates  or  cheeks  upon  presentation  at  the  time  agreed. 
'The  City  treasurer  shall  fasten  these  checks,  properly  indorsed 
by  the  parties  receiving  the  money,  in  consecutive  order  to 
each  respective  pay  roll. 

I  Id.  §3.) 

1052.  Manner  of  paying,  etc. — After  the  pay  rolls  have  been 
audited  by  the  city  comptroller  the  city  clerk  shall  draw  an 
order  in  favor  of  the  city  treasurer  for  the  aggregate  amount 
of  such  pay  rolls  in  favor  of  the  city  treasurer,  and  after  the 
treasurer  shall  have  paid  all  the  persons  named  on  said  pay 
rolls  as  being  entitled  to  receive  any  money,  he  shall  forthwith 
send  pay  roll  and  checks  to  the  common  council  for  its  ap- 
proval  of  said  payments,  and  when  approved  the  same  shall 
be  returned  to  the  comptroller  of  the  said  city,  who  shall  make 
the  necessary  entries  in  his  books,  showing  that  the  city  treas- 
urer has  paid  out  the  sum  indicated  in  the  order  authorized  to 
be  issued  by  this  ordinance,  and  shall  file  said  pay  rolls  in  his 
office. 

(Id.  §4.) 

1053.  Ordinances  repealed. — All  ordinances  contravening 
the  provisions  of  this  ordinance  are  herebv  repealed. 

(Id.  §  5.) 

STREET  RAILWAYS. 

(See  also  city  railway  ordinances.) 

1054.  Speed  of  cars  operated  by  electricity. — Xo  person 
having  the  control  of  the  speed  of  a  street  railway  car  operated 
by  electricity  shall  allow  such  car  to  go  in  that  part  of  the 
City  of  St.  Paul  included  within  the  boundaries  as  follows, 
to  wit : 

Commencing  at  the  intersection  of  the  Mississippi  river 
and  the  easterly  line  of  Broadway  street ;  running  thence  along 
the  east  line  of  Broadway  street  to  its  intersection  with  the 
north  line  of  Thirteenth  street;  thence  westerly  along.. the 
north  line  of  Thirteenth  street  to  Robert  street;  thence  along 
Robert  street  to  the  north  line  of  University  avenue;  thence 
along  the  north  line  of  University  avenue  to  the  west  line  of 


351 

Rice  street ;  thence  along  the  westerly  and  southwesterly  line 
of  Rice  street  to  Fort  street:  thence  along"  Fort  street  to  its 
intersection  with  Eagle*  street :  thence  along  Eagle  street  to 
the  north  bank  of  the  Mississippi  river;  thence  along  the 
north  bank  of  the  Mississippi  river  to  the  place  of  beginning, 
at  a  rate  of  speed  faster  than  eight  (8)  miles  an  hour;  nor  in 
any  part  of  the  city  outside  of  the  above  described  district 
bounded  as  follows,  to-wit : 

On  the  north  by  a  straight  line  drawn  from  the  intersec- 
tion of  Minnehaha  and  Dale  streets  to  the  intersection  of 
Minnehaha  and  Arcade  streets;  on  the  east  by  a  line  drawn 
from  the  intersection  of  Minnehaha  street  and  Arcade  street 
to  the  intersection  of  Congress  street,  if  extended  easterly  to 
and  the  section  line  between  sections  8  and  9  of  township  28, 
range  22,  in  Ramsey  Count}-,  Minnesota;  on  the  south  by  a 
straight  line  drawn  from  the  intersection  of  said  Congress 
street,  if  extended,  and  said  section  line  to  the  intersection 
from  the  intersection  of  Grace  street  and  Toronto  avenue,  and 
Oil  the  west  by  a  straight  line  drawn  from  the  intersection  of 
Grace  street  and  Toronto  avenue  to  the  intersection  of  Dale 
street  and  Minnehaha  street,  at  a  rate  of  speed  faster  than 
twelve   (12)  miles  an  hour. 

(Ord.  Xo.  1652,  approved  Jan.  3,  1893,  §  1.) 

1055.  Street  cars  not  to  go  against  or  run  afoul  of  person, 
vehicle,  etc. — To  stop  when  directed  by  police. —  No  person 
having  the  control  of  the  speed  of  a  street  railway  ear  shall 
allow  it  in  any  streel  to  go  against  or  run  afoul  of  any  person, 
vehicle  or  other  thing  whatsoever;  nor  shall  any  such  person 
fail  to  stop  his  ear  at  any  place  in  a  streel  when  directed  b)  a 
P<  dice  i  »fficer  so  to  di  >. 

(Id.  §2.) 

1056.  Vigilant  watch  to  be  kept  for  children,  person,  teams, 
etc. — Bell  to  strike,  when — Unlawful  to  hinder  car  after  bell 
strikes. —  No  pe"rson  having  the  control  of  the  speed  of  a  streel 
railway  tar  passing  in  a  street  shall  fail  to  keep  a  vigilant 
watch  for  all  teams,  carriages  and  persons,  especially  children, 
nor  shall  such  person  fail  to  strike  a  hell  several  times  in 
quick  succession  on   approaching   arn    team,  carriage  or  per- 


son,  and  no  person  shall,  after  such  striking  of  a  bell,  hinder 
or  delay  the  passage  of  the  car. 

(Id.  §  3.) 

1057.  Car  to  stop  on  appearance  of  danger,  etc. — Xo  per- 
son having  the  control  of  the  speed  of  a  street  railway  car 
passing  in  a  street  shall,  on  the  appearance  of  danger  to  any 
team,  carriage  or  person,  from  or  on  the  appearance  of  any 
obstruction  to  his  car,  fail  to  stop  the  car  on  the  shortest  time 
and  space  possible. 

(Id.  §  4.) 

1058.  Gravel,  sand,  salt,  etc.,  not  to  be  allowed  by  street 
railway  company  to  accumulate  and  remain  in  street — To  be 
removed. — Xo  street  railway  company,  or  any  person  in  the 
employ  of  a  street  railway  company,  shall  allow  gravel,  or 
sand,  or  salt,  or  other  material,  to  accumulate  and  remain  in 
any  street,  and  any  street  railway  company  shall  remove  any 
gravel,  sand,  salt  or  material  used  by  it  from  such  street. 

(Id.  §5.) 

1059.  Penalty. — Any  street  railway  company  or  persons 
violating  any  of  the  provisions  of  this  ordinance  shall  be  pun- 
ished by  a  hue  of  not  less  than  ten  dollars  ($10)  nor  more  than 
fifty  dollars  ($50)  for  each  offense. 

(Id.  §6.) 

1030.  Salt,  sand,  lime,  salted  ice  not  to  be  transferred  from 

tracks,  etc.,  to  bridge  or  street  within  one  block  of  bridge — 
To  be  removed  and  not  dumped  on  any  street  or  bridge. — Xo 

person,  firm  or  corporation  shall  shovel  or  transfer  from  any 
street  car  tracks,  or  the  pavements  within  three  ( ."> )  feet  of 
said  tracks,  any  sand  or  salt,  or  salted  sand,  or  lime,  or  salted 
ice.  that  may  have  been  placed  upon  said  tracks  for  any  pur- 
pose,  or  may  have  accumulated  thereon  by  any  means,  to  any 
part  of  any  bridge  or  to  any  part  of  any  street  within  one  (1) 
block  of  any  bridge  within  the  City  of  St.  Paul,  and  all  such 
sand,  salt,  salted  sand,  lime  and  ice  shall  be,  upon  order  of  the 
city  engineer,  removed  from  said  tracks  upon  any  such  bridge, 
or  within  one  (1)  block  thereof,  and  shall  not  be  placed  or 
dumped  upon  any  street  or  bridge  within  the  City  of  St.  Paul. 
(Ord.  No.   1720.  approved  Dec.   14,  1893.  I 


1061.  Penalty. — Any  violation  of  this  ordinance  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  dollars  ($25) 
nor  more  than  one  hundred  dollars  ($100).  or  by  imprison- 
ment in  the  city  workhouse  for  not  less  than  five  (5)  nor  more 
than  twenty  (20)  days. 

1062.  Salt,  sand,  salted  ice  not  to  be  thrown  on  bridges 
by  St.  Paul  City  Railway  Company — To  be  removed  and  not 
dumped  on  any  bridge  or  street. — That  the  St.  Paul  City 
Railway  Company  be,  and  the  same  is  herein-  prohibited  from 
shoveling  or  throwing  back  onto  the  bridges  within  the  City 
of  St.  Paul  that  are  crossed  by  the  tracks  of  the  St.  Paul  City 
Railway  Company  any  sand  or  salt  or  salted  sand  or  ice  that 
shall  have  accumulated  on  said  tracks  from  the  placing  of  sand 
or  salt  thereon  to  prevent  the  slipping  of  the  cars  ;  that  all  such 
sand  or  salt  or  salted  sand  or  ice  shall  be  removed  from  the 
bridge  by  the  St.  Paul  City  Railway  Company,  and  shall  not 
be  placed  or  dumped  upon  any  bridge  or  street  within  the 
City  of  St.  Paul. 

K  )rd.  1644,  Nov.  15,  1892.) 

1063.  Penalty. — That  any  violation  of  this  ordinance  shad 
be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  ($25  I 

nor  more  than  one  hundred  dollars   ($100). 

THEATERS,    SHOWS,    CARAVANS,    CIRCUSES,    CON- 
CERTS. 

1034.  License — Penalty — Offenders  to  be  arrested — Pro- 
viso as  to  opera  house,  etc. —  It  shall  not  be  lawful  For  an}  per 
son  or  persons  to  make  or  exhibit  any  show  or  shows,  cara- 
vans or  circuses,  or  perform  any  plays,  games,  concerts,  theat- 
rical or  oiber  performances  or  exhibitions  whatever,  or  other 
curiosities,  for  which  pay  or  compensation  of  any  kind  shall 
be  required,  demanded  or  received,  without  having  been  pre 
viously  licensed  so  to  do  b)  authority  of  the  common  council 
ol  the  City  of  St.  Paul,  and  every  person  or  persons  offending 

nsl    the  provisions  of  this  ordinance  shall   forfeit   and  pa)    a 

fine  not   exceeding  one  hundred   dollars   ($100)    for  ever)    of 
fense,  and  it  shall  be  the  dut)  of  the  chief  of  police,  and  of  the 
police  officers  of  the  City  of  St.  Paul,  in  ever)  case  where  the 
provisions  of  this  ordinance  shall  be  violated  or  nol  complied 


35  I 

with,  i"  arrest  the  person  or  persons  offending  against  the 
same  and  bring  him  or  them  before  the  judge  of  the  muni- 
cipal court,  te>  answer  to  any  alleged  offense  in  any  such  case; 
provided,  however,  that  the  common  council  may,  by  resolu- 
tion, adopted  by  a  two-thirds  vote  of  all  members  elect,  from 
time  to  time,  authorize  such  sum  as  they  may  deem  proper  to 
be  received  as  an  annual  license  from  the  opera  house,  or  any 
other  hall  devoted  exclusively  to  public  exhibitions,  in  full 
for  all  license  due  from  any  exhibition,,  show,  theatrical  per- 
formance, concert,  etc.,  etc.,  exhibiting  in  said  opera  house  or 
public  hall  during  the  time  said  license  may  be  in  force. 
(Ord.  approved  Oct.  9,  1869,  in  Article  LXVIL,  in  Municipal 
Code  1884,  §  1,  as  amended  by  Ord.  approved  April 
12,  18T5.  §  1.     See,  also,  Licenses.) 

1065.  Applications  for  license,  to  mayor,  council  or  clerk 
— License — Proviso. — It  shall  be  the  duty  of  every  such  per- 
son who  may  be  desirous  of  exhibiting  any  natural  or  other 
curiosities  or  shows,  or  to  perform  any  games  or  theatrical 
exhibitions,  or  other  games,  shows  or  other  exhibitions  what- 
ever, for  which  any  money  or  pay,  or  any  compensation 
whatever,  shall  be  required  or  received,  to  make  application 
to  the  mayor  or  common  council  of  the  City  of  St.  Paul,  or 
to  the  clerk,  for  a  license,  and  the  said  license  may  be  granted 
by  the  mayor,  common  council,  or  by  the  city  clerk,  for  any 
concert  or  theatrical  exhibition. 

The  city  authorities  may  grant  a  license  in  the  manner 
above  provided  to  exhibit  any  show  or  shows,  caravan 'or 
circus,  to^wit : 

Provided,  whenever  any  person  or  persons  are  desirous 
of  exhibiting  any  show  or  performance  aforesaid  before  the 
meeting  of  the  common  council,  the  mayor  or  city  clerk  may 
grant    such    license   until    the    next    meeting   of   the    common 
council,  upon  the  payment  to  the  city  treasurer  of  the  sum 
aforesaid;  and   no   such    license   shall  be    granted  or    issued 
until   the   money  is   paid   therefor   to   the   city  treasurer,   and 
his  receipt  for  the  same  presented  to  the  city  clerk. 
(Ord.   approved  Oct.   9,  1869,  in  Article  LXVIL,   Municipal 
Code  1884,  §  2,  as  amended  by  Ord.  approved  May  6, 
1874,  §  1,  and  Ord.  No.  242,  approved  June  21, 
1881.  §  1.     See,  also,  Licenses.) 


Ordinance  No.  2511. 
(Approved  April  2d-,  1905.) 

1066.  An   Ordinance  fixing  the  amount  of  certain  license 

fees  in  the  City  of  St.  Paul. 
The   Common   Council  of  the  City  of  St.  Paul  do  ordain  as 

follows : 

Sec.  1.  That  hereafter  all  circuses  exhibiting  in  the  City 
of  St.  Paul,  ami  charging  fifty  cents  or  more  admission  fee, 
shall  pay  for  the  first  day's  performance  or  exhibition  a 
license  fee  of  five  hundred  dollars  ($500),  and  for  each  suc- 
ceeding day  the  sum  of  two  hundred  dollars  ($200).  All 
circuses  charging  less  than  fifty  cents,  and  not  less  than 
twenty-five  cents  admission,  shall  pay  a  license  fee  for  the  first 
day's  exhibition  or  performance  the  sum  of  three  hundred 
dollars  ($300).  and  for  each  succeeding  day  the  sum  of  one 
hundred  dollars  ($100).  All  traveling  menageries  shall,  for 
the  first  day's  exhibition,  pay  a  license  fee  of  two  hundred 
dollars  ("$200),  and  for  each  succeeding  day  the  sum  of  fifty 
dollars  i  $50).  All  merry-go-rounds  shall  pay  a  license  fee 
or  part  of  twelve  dollars  ($12)  for  each  week,  or  part  of  a 
week  during  the  time  they  are  maintained  and  operated. 
All  shooting  galleries  shall  pay  a  license  fee  of  fifty  dollars 
($50).  All  theaters  shall  pay  a  license  fee  of  one  hundred 
dollars  ($100). 

1067.  Sec.  2.  Old  Ordinances  repealed  in  part. —  Except 
as  changed  and  modified  by  this  ordinance,  all  existing  ordi- 
nances of  said  city  relating  to  the  matters  mentioned  in  section 
ruic  (1)  of  this  ordinance  shall  remain  and  continue  in  full 
force  and  effect. 

3.     This  ordinance  shall  take  erred  and  be  in  force 
from   .and   after   ii-   passage,  approval   and   publication. 


356 

TRADING  STAMPS. 
Ordinance  No.  2438. 
(Approved    April    s.    L904.) 

1068.  An  Ordinance  to  prohibit  the  sale,  delivery,  or  use, 

of  any  trading  stamps,  coupons,  tickets,  or  other 
similar  devices,  in  the  City  of  St.  Paul,  without 
a  license  so  to  do. 

Whereas,  The  use  of  trading  stamps,  coupons  and  other 
similar  devices,  lias  resulted  in  fraud  and  imposition  upon 
the  merchants  and  citizens  of  the  City  of  St.  Paul,  and  is 
a  detriment  to  legitimate  trade  and  commerce  in  said  city, 
and  is  a  constant  source  of  expense  to  said  city  in  furnishing 
police  protection  against  such  fraud  and  imposition :  there- 
fore. 
The   Common   Council  of  the   City  of  St.   Paul   do  ordain   as 

follows  : 

Sec.  1.  That  hereafter  it  shall  be  unlawful  for  any  per- 
son, firm  or  corporation  to  engage  in  or  pursue  the  avoca- 
tion or  business  enterprise  of  selling,  delivering,  or  giving 
away,  within  the  City  of  St.  Paul,  any  trading  stamps, 
coupons,  tickets,  or  other  similar  devices  to  merchants  or 
other  persons  engaged  in  business,  with  promise  or  assur- 
ance expressed  or  implied,  that  he  or  any  person,  company 
or  corporation,  will  give  or  deliver  to  any  person  presenting 
such  stamps,  coupons,  tickets  or  devices,  any  money,  goods, 
wares  or  merchandise  therefor,  or  any  redemption  thereof, 
without  first  procuring  a  license  so  to  do. 

1069.  Sec.  2.  License. — Any  person,  firm  or  corporation 
may  procure  a  license  for  the  purpose  set  forth  in  section 
one  (1)  of  this  ordinance,  upon  payment  to  the  City  Treas- 
urer of  the  sum  of  three  hundred  dollars  (S.'iOO)  for  one 
year's  license,  which  license  shall  run  for  one  year  from  the 
date  of  its  issuance,  and  no  license  shall  be  issued  for  a  longer 
or  shorter  period  than  one  year.  Such  license  shall  be  issued 
by  the  City  Clerk  upon  depositing  with  him  the  voucher  of 
the  City  Treasurer  showing  the  payment  of  said  license  fee. 


1070.  Sec.  3.  Unlawful  to  sell. — It  shall  be  unlawful  for 
any  person,  firm  or  corporation  to  offer  any  such  trading 
stamp,  coupon,  ticket,  or  other  similar  device  mentioned 
in  section  one  (  1  )  of  this  ordinance,  for  the  purpose  of  adver- 
tising or  inducing  trade,  within  the  City  of  St.  Paul,  with- 
out first  procuring  a  license  so  to  do. 

1071.  Sec.  4.  How  procured. — Any  person;  firm  or  cor- 
poration may  procure  a  license  for  the  purposes  set  forth  in 
section  three  (3)  of  this  ordinance,  upon  payment  to  the  City 
Treasurer  of  the  sum  of  one  hundred  dollars  ($100)  for  one 
year's  license,  which  license  shall  begin  upon  the  date  of 
it-  issuance,  and  no  license  shall  he  isstied  for  a  longer  or 
shorter  period  than  one  year.  Such  license  shall  he  issued 
by  the  City  Clerk  upon  presentation  to  him  of  a  voucher 
from  the  City  Treasurer,  showing  the  payment  of  such 
license  +ee. 

1072.  Sec.  5.  Penalty. — Any  person,  firm  or  corporation 
who  shall  violate  any  of  the  provisions  of  this  ordinance 
shall  he  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  he  punished  by  a  tine  of  not  less  than  ten 
dollars  ($10)  nor  more  than  one  hundred  dollars  ($100)  for 
each  offense. 

-Sec.   <!.      This  ordinance  shall   take   effect    and   he   in    force 
from  and  after  its  passage,  approval  and  publication. 

1073.  Unconstitutional. 

(Declared    unconstitutional.     See    Sperry    &    Hutchinson    Co. 
vs.  Andrew  Schi  ich  et  al. ) 

TREES. 

1074.  Shade  and  ornamental  trees — How  planted — Pen- 
alty— May  be  removed,  when — Proviso. — All  shade  and  orna- 
mental trees  -hall  he  planted  on  a  line  six  (6)  inches  inside 
01  thi-  outer  line  of  sidewalks,  under  a  penalt}   of  ii\<-  dollars 

for  each   tree  hereafter   to   be   planted   .hi   public   high- 
ways  of  said    cit)    on    an\    different    line    than    as   above   di 

nated ;  and  tin-  committee  on  streets  -hall  have  power,  in 
their  discretion,  to  cause  the  removal  of  all  tin-  hereaftei 
planted   in    violation   of   thi-   ordinance,;   provided,   that    such 


358 

discretion  shall  not  be  exercised  unless  such  tree  shall  form 
a  natural  obstruction  to  the  street  or  sidewalk,  or  other 
public  property  or  improvement,  nor  unless  the  season  shall 
be  Favorable  for  transplanting  the  same;  and  provided,  fur- 
ther, that  the  city  shall  not  be  responsible  for  the  destruction 
or  removal  oi  any  shade  trees,  when  necessary,  for  the  con- 
struction of  any  public  improvements. 

(Ord.   approved  Oct.    X,    1869,  in  Art.  LXVI,   Mum  Code  of 

1884,  §  1.) 

1075.  Trees  planted,  may  be  taken  up  and  set  out  or 
removed,  when. — Any  trees  which  have  been  heretofore 
planted  within  or  without  the  line  hereby  established,  may 
be  taken  up  and  properly  set  out,  at  any  time,  by  or  under 
the  direction  of  the  committee  on  streets,  or  may  be  entirely 
removed  if  necessary  for  the  improvement  of  the  street  or 
other  public  improvement. 

fid.  §  2.) 

1076.  Hitching  horses,  etc.,  to  or  injuring  tree  or  box — 
Penalties. — Any  person  who  shall  hitch  or  fasten  any  horse 
or  other  animal  to  any  tree  or  tree  box,  shall  be  punished 
by  a  fine  not  exceeding  five  dollars  ($5)  for  each  offense. 
And  any  person  who  shall  cut,  break,  or  otherwise  injure 
or  destroy  any  shade  or  ornamental  tree,  or  the  box  or 
other  protection  thereto,  or  shall  cause  damage  or  injury 
thereto,  by  suffering  the  same  to  be  damaged  or  injured  by 
any  horse  or  animal  under  his  control,  shall  be  punished 
by  a  fine  not  less  than  five  (5)  nor  more  than  one  hundred 
dollars    ($100)    for  each   offense. 

(Id.  §  3.) 

1077.  Trees  may  be  removed  when  public  interest  re- 
quires.— This  ordinance  shall  not  be  construed  so  as  to  pre- 
vent the  city  from  ordering  or  causing  the  removal  of  any 
shade  or  ornamental  trees  in  any  street,  sidewalk  or  other 
public  highway,  whenever  they  may  deem  such  removal 
necessarv  for  the  public  interest. 

(Id.  §  4.) 

1078.  Hitching  horse,  etc.,  to  tree  or  box,  or  permitting 
biting   or  injuring. — That   no   person    shall    hitch    or    fasten 


359 

any  horse  or  other  animal  to  any  tree  or  tree  box,  or  permit 
any  horse  or  other  animal,  in  charge,  care  or  custody  of 
such  person,  to  bite,  gnaw  or  injure  any  tree  standing"  upon 
any  street  in  the  City  of  St.  Paul. 

(Ord.  Xo.  1745,  approved  March  20,  1S94,  §  1.) 

1079.  Injuring    or    destroying    tree    or    box. — No    person 

shall  cut,  break  or  otherwise  injure  or  destroy  any  shade  or 
ornamental  tree,  or  other  tree,  or  the  box  or  other  protection 
thereof,   standing   upon   or  in    any   street   in   the    City   of   St. , 
Paul. 

fid.  §  2.) 

1080.  Penalty  for  violating  Ord.  1745. — Any  person  vio- 
lating any  provision  of  this  ordinance  shall  be  punished  by 
fine  of  not  less  than  ten  (10)  nor  more  than  fifty  dollars($50), 
or  by  imprisonment  for  not  less  than  ten  (10)  nor  more  than 
fifty  (50)  days. 

(Id.  §  3.) 

TUBERCULOSIS. 

Ordinance  No.  2427. 

(Approved  Feb.  4,  1904.) 

IO8OJ/2.         An   Ordinance  to   prevent  the  spread  of  tubercu- 
losis. 
The  Common   Council   of  the' City  of  St.    Paul   do  ordain   as 

follows : 

Sec.  1.  That  tuberculosis  is  hereby  declared  to  be  an 
infectious   and    communicable    disease,    dangerous    to    public 

health. 

Sec.  2.  It  shall  be  the  duty  of  every  physician  in  the 
city  to  reporl  to  the  Commissioner  of  Health  of  this  city, 
in  writing,  the  name,  age,  m-x,  occupation  and  address  "I 
every  person  having  tuberculosis,  who  is  now  under  the 
can-  of  such  physician,  and  such  physician  shall  likewise 
hereafter  report  upon  each  case  of  tuberculosis  that  shall 
come  under  tin    observation  of  such   physician   for  tin-   firsl 

time,  within  one   week  of  -nidi   !  [l 


360 

1081.  Sec.  3.  Duty  of  physician.— It  shall  be  the  dut\  of 
the  commissioners  or  managers  or  the  principal,  superin- 
tendent or  physician  in  charge  of  every  public  or  private 
institution,  dispensary  or  hospital,  in  the  City  of  St.  Paul, 
to  report  to  the  Commissioner  of  Health  of  said  city,  in  writ- 
ing, the  name,  age,  sex,  occupation  and  last  previous  address 
of  every  person  infepted  with  tuberculosis,  who  is  now  in 
their  care,  or  who  shall  hereafter  come  under  their  observa- 
tion for  the  first  time,  within  one  week  of  such  time. 

1082.  Sec.  4.  Disinfect  premises. — In  case  of  the  vaca- 
tion of  any  apartments  or  premises,  by  death  from  tubercu- 
losis,  or  by  the  removal  therefrom  of  a  person  or  persons 
infected  with  tuberculosis,  it  shall  be  the  duty  of  the  person 
in  charge,  or  of  the  physician  in  charge,  to  notify  the  Com- 
missioner of  Health  aforesaid  of  such  removal,  within 
twenty-four  hours  thereafter,  and  such  apartments  or  prem- 
ises  so  vacated  shall  not  again  be  occupied  until  duly  reno- 
vated and  disinfected  as  hereinafter  provided. 

1083.  Sec.  5.  Duty  of  Health  Commissioner. — In  case  of 
the  vacation  of  any  premises  or  apartments,  as  set  out  in 
section  four  (4)  hereof,  the  Commissioner  of  Health,  or  one 
of  his  health  officers,  shall  immediately  visit  said  premises 
and  shall  order  and  direct  that  such  premises  or  apartments, 
and  all  infected  articles  therein,  be  properly  and  suitably 
disinfected. 

In  case  there  shall  be  no  remaining  occupants  in  such 
premises  or  apartments,  and  the  same  shall  be  vacant,  then 
the  Commissioner  of  Health  shall  cause  a  notice  in  writing 
to  be  served  upon  the  owner,  or  the  agent  of  the  owner  of 
such  premises  or  apartments,  ordering  the  renovation  and 
disinfection  of  such  premises  or  apartments,  under  the  direc- 
tion of  and  in  conformity  with  the  regulations  of  the  local 
Department  of  Health. 

1084.  Sec.  6.  Failure  to  comply. — In  case  any  orders  or 
directions  of  the  Commissioner  of  Health  requiring  the  dis- 
infection of  any  articles,  premises  or  apartments,  as  herein- 
before provided,  shall  not  be  complied  with  within  thirty-six 
i  36  i    hours    after    such    orders    or   directions    shall    be    given, 


363 

then  it  shall  be  the  duty  of  the  Commissioner  of  Health  to 
cause  a  placard,  in  words  and  form  as  follows,  to  be  placed 
upon  the  door  of  the  infected  premises  or  apartments,  tO-wit: 

NOTICE! 

Tuhereulosis  is  a  communicable  disease.  These  apart- 
ments have  been  occupied  by  a  consumptive,  and  may  have 
become  infected.  The}'  must  not  he  occupied  until  the  order 
of  the  Health  Commissioner  directing  their  renovation  and 
disinfection  has  been  complied   with. 

This  notice  must  not  be  removed  under  penalty  of  law. 
except  by  the  Commissioner  of  Health,  or  an  authorized 
officer. 

And  such  placard  shall  not  he  removed  until  such  a 
time  as  the  order  or  directions  of  the  Commissioner  of 
Health  shall  have  been  complied  with,  and  the  removal  of 
such   placard   authorized   by   the   Commissioner -of   Health. 

1085.  Sec.  7.  Penalty. — That  any  person  who  shall  vio- 
late any  of  the  provisions  of  this  ordinance,  and  any  person 
who,  without  written  authority  from  the  Commissioner  of 
Health,  shall  remove,  or  induce  another  to  remove,  any 
placard  placed  upon  premises  or  apartments,  as  is  herein- 
before provided,  shall,  upon  conviction  thereof,  he  subject 
to  a  fine  of  not  less  than  five  dollars  ($5)  nor  more  than  one 
hundred  dollars  ($100),  or  by  imprisonment  in  the  work- 
house for  not  less  than  five  (5)  days  nor  more  than  ninety 
f!)0)  days. 

Sec.   8.      This   ordinance   shall    take   effect    and   be   in    Force 

from  and  after  its  passage,  approval  and  publication. 

VAGRANTS. 

1086.  Vagrants  to  be  fined   or   imprisoned. — All    vagrants 

and  all  persons  guilty  of  vagrancy  shall   lie  lined   in  a  sum   not 

exceeding  twent)  five  dollar-  ($25)  or  he  imprisoned  for  not 
more  than  thirty   (30)   day-. 

(Ord.  NO.   INI",  approved  Sept.    I'.'.   1895,  S   l.) 

1087.  Repeal.— Article  I. X  XX  1 1,  of  the  Mun.  Code  of  St. 
Paul  For  188 1  is  herebj  repealed. 

(Id    § 


Ordinance  No.  2102. 
I  Approved    March  81,  1900.) 

1088.  An  Ordinance  relating  to  and  defining  vagrants  and 

vagrancy  in  the  City  of  St.  Paul. 
The  Common   Council  of  the   City  of   St.    Paul  do  ordain  as 

follows  : 

Sec.  1.  Any  person  or  persons  who  have  no  visible 
means  of  support,  and  live  idly,  without  employment,  or  any 
settled  place  of  abode ,  or  loiter  about  saloons,  bawdy  houses,, 
or  found  trespassing  on  private  premises  of  others,  and  not 
being  able  to  account  for  his.  her  or  their  conduct,  shall 
be  deemed  a  vagrant,  and  upon  conviction  thereof  in  the 
municipal  court  of  the  City  of  St.  Paul  shall  be  fined  not 
less  than  ten  dollars  ($10),  nor  more  than  twenty-five  dol- 
lars ($25),  or  by  imprisonment  in  the  St.  Paul  workhouse 
for  not  less  than  ten  (10)  days  or  more  than  thirty  (30) 
days. 

1089.  Sec.  2.  Penalty, — Any  person  or  persons  who  shall 
conduct  themselves  in  an  idle  and  dissolute  manner,  on  the 
streets  or  in  any  public  place,  in  the  City  of  St.  Paul,  shall 
be  deemed  a  vagrant,  and  upon  conviction  thereof  in  the 
municipal  court  of  the  City  of  St.  Paul  shall  be  fined  in  the 
sum  of  not  less  than  ten  dollars  ($10)  nor  more  than  twenty- 
five  dollars  ($25),  or  by  imprisonment  in  the  St.  Paul  work- 
house for  a  period  of  not  less  than  ten  (10)  days,  or  more 
than  thirty  (30)  days. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

VEHICLES. 
Ordinance  No.   1904. 

(Approved  January  23,  1897.) 

1090.  An   Ordinance  requiring  the   use  of  sleigh  bells  in 

the  City  of  St.  Paul. 
The  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows: 

Sec.  1.  All  persons  driving  upon  the  public  streets, 
avenues  and  thoroughfares  bobsleds  or  vehicles  of  a  similar 


363 

character,  shall  have  attached  to  the  harness  on  the  horses 
used  in  connection  with  vehicles,  or  on  such  vehicles,  sleigh- 
bells  of  sufficient  power  to  be  distinctly  heard  at  distance  of 
one  hundred  (100)  feet. 

1091.  Sec.  2.  Penalty. — Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction,  be  lined 
not  less  than  five  nor  more  than  twenty  dollars. 

Sec.  ;!.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

WEIGHTS  AND  MEASURES. 

1092.  Standard — City  sealer  of  weights  and  measures — 
Duties. — The  standard  of  all  weights  and  measures,  for  use 
in  the  City  of  St.  Paul,  shall  be,  and  the  same  is  hereby 
declared  to  be  the  same,,  as  the  standard  established  by  the 
laws  of  the  State  of  Minnesota,  for  the  said  state  and  the 
counties  and  towns  thereof,  as  prescribed  by  the  said  legis- 
lature in  chapter  21,  entitled  "Weights  and  .Measures,"  com- 
piled statutes  of  186G,  and  as  compiled  in  what  is  known  as 
Bissell's  Statutes  of  Minnesota,  chapter  30,  entitled  "Weights 
and  Measures";  and  all  the  rules,  regulations  and  provisions 
of  said  state  law,  shall  be  followed  by  the  city  sealer  of 
weights  and  measures,  so  far  as  applicable;  and  the  duties 
of.  city  sealer  shall  be  the  same  for  the  city,  as  the  township 
sealer  is.  for  each  township  in  the  state;  and  the  city  sealer 
shall  procure  a  complete  set  of  weights  and  measures,  at 
the  expense  of  the  city,  which  shall  be  tried,  proved  and 
scaled  by  those  in  the  office  of  the  county  treasurer,  and 
certified  by  said  count}-  treasurer,  and  when  so  sealed  and 
certified,  such  weights  and  measures  shall  be  the  standard 
for  the  City  of  St.  Paul,  until  the  said  state  law  is  amended 
or  repealed. 

(Ord.  approved  July   7,    is;:,.    Article   LXXXIII.,   Munii 
Code  L884,  §   t.) 

1093.  Weights  and  measures  to  be  tried  and  sealed — 
False — Penalty — Violation  of  state  law — Penalty — Miscon- 
duct of  city  sealer — Penalty — Actions  to  be  brought  in  name 
of  city. — And  all  persons  engaged  in  any  business,  requiring 


36  I 

the  use  of  weights  and  measures,  shall  on  or  before  the  first 
t!a\  of  June,  in  each  year,  cause  said  weights  and  measures 
i"  be  tried,  proved  and  sealed  by  the  city  sealer  of  weights 
and  measures,  and  any  person  or  persons  who  shall  use,  or 
allow  in  be  used,  any  false  weights  or  measures  shall,  upon 
conviction  before  the  municipal  court  of  St.  Paul,  be  fined 
in  any  sum  not  more  than  twenty  dollars  ($20)  and  costs. 
And  any  person  or  persons  within  the  City  of  St.  Paul  who 
shall  violate  any  of  the  provisions  of  the  law  of  the  state, 
on  the  subject  of  weights  and  measures,  shall  be  subject  to 
a  fine  of  not  more  than  twenty  dollars  ($20)  for  each  offense, 
with  costs  of  suit,  upon  conviction  before  any  court  of  com- 
petent jurisdiction  in  St.  Paul.  And  if  the  city  sealer  shall 
be  found  to  have  permitted,  or  connived  at  the  use  of  any 
false  weights  or  measures,  or  shall  knowingly  permit  the 
use  of  any  weights  or  measures  not  tried,  proved  and  sealed 
as  required  by  law,  and  this  ordinance,  or  any  false  weights 
or  measures,  he  shall,  upon  conviction,  pay  a  fine  of  not  more 
than  one  hundred  dollars  ($100),  and  shall  promptly  be 
removed  from  office,  and  all  actions  for  any  violation  of  this 
ordinance  shall  be  brought  in  the  name  of  the  City  of  St. 
Paul. 

(Id.  §  2.) 

1094.  Market  master  to  be  city  sealer  of  weights  and 
measures — Compensation — Fees. — The  market  master  of  the 
City  of  St.  Paul  shall,  and  is  hereby  declared  to  be  city  sealer 
of  weights  and  measures,  and  for  the  duties  hereby  imposed 
he  shall  receive  the  sum  of  one  hundred  dollars  ($100),  pay- 
able in  the  same  way  as  his  salary  as  market  master  is  paid, 
and  the  fee  allowed  for  sealing  weights  and  measures  by  the 
state  law  hereinbefore  referred  to,  shall  be  received  by  him 
in  all  cases,  and  paid  over  to  the  city  treasurer,  and  account 
for  the  same  in  the  same  manner  in  which  he  is  required  to 
do  for  monevs  received  as  market  master. 

(Id.   §   3.) 


3G5 

WOOD  YARDS. 

1095.  Unlawful  to  keep  wood  yard,  etc.,  without  permis- 
sion of  council. — It  is  hereby  made  and  declared  to  be  a  mis- 
demeanor for  any  person,  firm  or  corporation  hereafter  to 
keep,  maintain  or  establish  within  the  fire  limits  of  the  City 
of  St.  Paul,  a  wood  yard  wherein  wood  shall  be  sawed  and 
split  by  steam  power  or  machinery  of  any  kind  and  for  sale, 
without  first  having  obtained  a  permit  from  the  common 
Council  of  said  city  so  to  do. 

(Ord.  No.  1170,  approved  June  18,  L889,  §  1.) 

1096.  Penalty. — Any  person,  firm  or  corporation  who 
shall  violate  the  provisions  of  this  ordinance,  upon  convic- 
tion thereof  before  any  court  having  jurisdiction  of  such 
offenses,  shall  upon  each  separate  conviction  be  deemed 
guilty  of  a  misdemeanor,  and  be  fined  in  any  sum  not  less 
than  twenty-five  dollars  ($25*)  or  more  than  one  hundred 
dollars  ($100). 

(  Id.   §  2.) 


PART  II. 
PRIVATE  ORDINANCES. 


369 


ABBOTT   MANUFACTURING    COMPANY. 
Ordinance  No.  2336. 

(Approved  December  10,  1902.) 

1097.  An    Ordinance    granting   permission    to    the    Abbott 

Manufacturing  Company,  of  the  City  of  St.  Paul, 
to  reconstruct  the  spur  track  now  on  Arundel 
street,  between  Atwater  and  Topping  streets,  and 
to  extend  the  same  to  Topping  street. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  That  authority  and  permission  is  hereby  given 
and  granted  to  the  Abbott  Manufacturing  Company  to  re- 
construct the  spur  track  now  used  by  said  company  on 
Arundel  street,  and  to  extend  the  same  to  the  south  side  of 
Topping  street. 

1098.  2.  Said  spur  track,  as  reconstructed  and  ex- 
tended, shall  be  done  to  the  satisfaction  and  approval  of  the 
Commissioner  of  Public  Works  of  the  City  of  St.  Paul,  and 
the  Abbott  .Manufacturing  Company  shall,  before  proceed- 
ing with  the  work  of  reconstructing  and  extending  said  spur 
track,  give  to  the  City  of  Si.  Paul  a  bond,  with  good  and 
sufficient  sureties,  indemnifying  and  saving  harmless  the  city 
from    any   and    all    damages    that    may   arise    by    virtue    of   the 

nstruction  and  extension  of  said  spur  track  on  said 
Arundel  street.  Said  spur  track  shall  he  removed  by  said 
Abbott  Manufacturing  Company  upon  ninety  (90)  days' 
notice  from   the  Common   Council. 

,  :;.     This  ordinance  shall  take  effeel  arid  be  in  force 
from    and    after    it-    passage,    approval    and    publication. 


370 

J.  H.  ALLEN  &  COMPANY. 

Ordinance  No.  2174. 
(Approved  February  23,  L901.) 

1099.  An  Ordinance  granting  permission  to  J.  H.  Allen  & 

Company   to   construct   and   maintain   an   elevated 
platform    in    front    of '  the    premises    occupied    by 
said  company,  in  the  City  of  St.  Paul. 
The  Common   Council  of  the  City  of  St.    Paul  do  ordain  as 
[( 'Hows  : 

Sec.  1.  Permission  is  hereby  granted  unto  J.  H.  Allen 
&  Company  to  construct  and  maintain,  on  the  sidewalk  in 
fn>nt  of  the  premises  occupied  by  them  on  Third  street,  at 
the  corner  of  Sibley  street,  an  elevated  platform  60  feet  in 
h  ngth,  the  highest  point  of  which  shall  not  extend  higher 
than  23  inches  from  the  level  of  said  sidewalk,  and  said 
platform  to  have  tapering  ends.  Said  platform  to  be  erected 
under  the  direction  of  the  City  Engineer,  subject  to  the  order 
of  the  Common  Council  of  the  City  of  St.  Paul  at  any  time 
directing  the  removal  of  same. 

1100.  Sec.  '!.  This  ordinance  shall  be  in  force  from  and 
after  its  passage  and  publication,  and  upon  the  filing  by 
the  said  J.  II.  Allen  &  Company  with  the  City  Clerk  of.  a 
bond  in  the  penal  sum  of  five  thousand  dollars  ($5,000),  in 
;i  form  to  be  approved  by  the  Corporation  Attorney,  condi- 
tioned to  save  the  City  of  St.  Paul  harmless  from  any  and 
all  damages  which  may  arise  from  the  construction  or  main- 
tenance of  said  elevated  platform. 

AMERICAN  CAN  COMPANY. 
Ordinance  No.  2250. 

i  Approved  January  ->2,  1902.) 

1101.  An    Ordinance    extending    the    provisions    of    Ordi- 

nance   1401,    granting    unto    the    Home    &    Danz 

Company  permission  to  use  a  portion  of  the  levee 

in    the    Sixth    ward    for    manufacturing    purposes. 

Whereas,   under  the   provisions   of  Ordinance   No.    1401, 

approved  Sept.  2,  1890,  the  Home  &  Danz  Company,  a  cor- 


::;  l 

poration,  was  granted  the  right  to  use  and  occupy,  for  the 
period  of  ten  years  from  the  date  of  passage  of  said  ordi- 
nance, for  manufacturing  purposes  in  the  line  of  the  busi- 
ness of  said  company,  a  portion  of  the  levee  in  the  Sixth 
ward,  described  and  designated  as  lot  rive  (5),  in  block  num- 
ber three  (3),  of  Bazille  and  Roberts'  Addition  to  West  St. 
Paul,  and  to  erect  thereon  certain  buildings  for  the  use  of 
its  said  business  ;  and 

Whereas,  said  company,  pursuant  to  said  permission, 
entered  upon  said  land  and  erected  certain  buildings  and 
made  extensions  and  improvements  thereon,  and  has 
recently  transferred  its  plant  and  business  to  the  American 
Can  Company,  and  said  last  named  company  has  applied 
for  a  renewal  and  extension  of  the  right  to  use  said  lot  in 
connection  with  said  manufacturing  business; 
Now,  therefore,  the  Common  Council  of  the  City  of  St.   Paul 

do  ordain  as  f<  'Hows  : 

1102.  Sec.  1.  That  permission  and  authority  is  hereby 
granted  unto  the  American  Can  Company,  as  the  successor 
of  the  Home  &  Danz  Company,  to  use  and  occupy  that 
portion  of  the  levee  in  the  Sixth  ward  of  the  City  of  St. 
Paul,  known  as  lot  numbered  five  I  5  ) .  in  block  numbered 
three  (3),  in  Bazille  and  Roberts'  Addition  to  West  St. 
Paul,  for  the  full  period  of  fourteen  (14)  years  from  and  after 
the  date  of  the  passage  of  this  ordinance,  for- manufacturing 
purposes  in  the  line  of  business  in  which  said  company  is 
now  engaged,  and -during  said  period  to  maintain  upon  said 
premises  all  buildings  now  located  and  used  thereon  by  said 
company  as  a  pari  of  its  manufacturing  plain. 

1103.  Sec  2.  The  authority  and  privilege  hereb)  granted 
is   made   subjeel    to   all    the   terms   and   conditions   contained 

aid   Ordinance    1401,  hereinabove    referred    to,   and    upon 
the    express    condition    thai    said    American    Can    Company, 
during  the  fourteen  years'  term  above  mentioned,  shall  eon 
tinue  to  operate  the  plant    now    used  and  operated   b)    h    in 
said  City  of  St.  Paul,  including  the  premises  hen  ited, 

and    shall   keep   said    planl    in   con  tanl    operation,   and    shall 

a1    all    times    employ    in    its    said    busini  .dueled    b\     it 


372 

upon  the  premises  hereb)  granted,  and  the  premises  now 
occupied  by  said  company  contiguous  to  it,  not  less  than 
fifty   i  50)   men. 

1104.  Sec.  3.  Said  American  Can  Company,  as  compen- 
sation and  rental  For  the  privileges  hereby  granted,  shall  pay 
to  the  City  of  St.  Paul,  an  annual  rental  of  one  dollar  ($1), 
payable  annually  in  advance,  i"or  and  during  the  herein 
specified  term,  and  said  American  Can  Company  shall  for- 
ever indemnify  and  save  harmless  the  City  of  St.  Paul  against 
all  damages,  costs  and  expenses  which  said  city  may  suffer, 
or  which  may  be  recovered  or  obtained  from  it  by  reason 
of,  or  in  any  way  resulting  from,  the  exercise  by  said  corn- 
pan}"  of  the  privileges  hereby  granted  ;  it  being  understood, 
however,  that  the  City  of  St.  Paul  does  not  guarantee  or 
warrant  that  it  has  authority  to  grant  any  of  the  rights 
hereby  conferred. 

1105.  Sec.  4.  If  said  American  Can  Company  shall  fail 
at  any  time  for  the  period  of  thirty  (30)  days  to  keep  said 
manufacturing  plant  in  operation,  and  to  conduct  its  manu- 
facturing business  substantially  as  now  conducted,  or  if  said 
company  at  any  time  for  a  period  of  ninety  (90)  days  shall 
fail  to  employ  in  its  said  manufacturing  business  at  least 
fifty  (50)  men,  as  hereinabove  provided,  then  the  rights  and 
privileges  granted  hereunder  shall  determine,  and  the  City 
of  St.  Paul,  by  resolution  of  its  Common  Council,  shall  have 
the  right  to  revoke  all  privileges  hereby  granted. 

1108.  Sec.  5.  None  of  the  rights  conferred  by  this  ordi- 
nance shall  be  transferred  to  any  other  person,  company  or 
corporation,  unless  and  until  the  consent  of  the  Common. 
Council  of  said  city  to  such  transfer  shall  be  first  obtained. 

1107.  Sec.  6.  The  American  Can  Company,  the  grantee 
herein,  within  thirty  (30)  days  after  passage  and  publication 
of  this  ordinance  shall  file  in  the  office  of  the  City  Clerk  its 
written  acceptance  thereof,  the  same  to  be  in  such  form  as 
shall  be  approved  by  the  Corporation  Attorney,  otherwise 
this  ordinance  shall  be  of  no  force  or  effect. 

Sec.  7.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  publication  and  acceptance,  as 
herein  provided. 


373 

AMERICAN    DISTRICT    STEAM    COMPANY. 

Ordinance  No.  2457. 

(Approved    June    5,    190-1.) 

1108.  An  Ordinance  granting  to  the  American  District 
Steam  Company,  its  successors  and  'assigns,  the 
right,  privilege  and  authority  to  occupy  and  use 
certain  of  the  streets  and  alleys  of  the  City  of 
St.  Paul,  for  the  purpose  of  conducting  and  con- 
veying steam  to  consumers. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  That,  subject  to  all  the  conditions,  terms,  limi- 
tations, reservations  and  requirements  hereinafter  contained, 
there  is  hereby  granted  to  the  American  District  Steam 
Company,  of  Lockport,  New  York,  a  corporation  organized 
under  the  laws  of  the  State  of  New  York  (hereinafter  called 
the  grantee),  its  successors  and  assigns,  for  the  period  of 
twenty-five  years  from  the  date  of  the  passage  of  this  ordi- 
nance, the  right,  privilege  and  authority  to  enter  upon,  use 
and  occupy  the  streets  and  alleys  included  in  that  part  of 
the  City  of  St.  Paul  bounded  and  described  as  follows,  to 
wit:  Commencing  at  the  point  where  Eagle  street,  produced, 
would  intersect  the  Mississippi  river;  thence  on  Eagle  street 
to  West  Third  street;  thence  on  West  Third  street  to  Col 
avenue;  thence  on  College  avenue  to  Cedar  street; 
thence  on  Cedar  street  to  Ninth  street;  thence  on  Ninth 
street  to  llroadway  street;  thence  on  Broadwaj  streel  to 
where  said  Broadway  street,  if  produced,  would  interseel 
the  Mississippi  river;  thence  on  the  northerly  shore  of  the 
Mississippi  river  to  the  place  of  beginning;  to  construct, 
maintain  and  operate,  in  and  under  said  streets  and  alleys 
within  the  districl  above  described,  a  system  of  pipes,  with 
all  necessary  appurtenances,  For  carrying  on  the  busine 

eying   steam   to  consumers,  and    to   reenter   upon    said 
streets  and   alleys   from   time   to   time  as   may   be   nece   »ar) 
for   the    maintenance,    operation,    repair,    exten  ion    and    re 
newal  of  said  system,  or  any  portion   thereol 


Ii09.         Sec.    V.     Said    grantee,    its    successors    and    assigns, 

shall,  within  six  months  from  the  date  of  the  passage  of  this 
ordinance,  commence  the  work  of  laying  its  pipes  within  the 
district  above  described,  and  within  the  period  of  one  year 
from  the  passage  of  this  ordinance,  shall  lay  and  install  its 
main  pipes,  so  as  to  supply  steam  for  use  to  all  property 
and  buildings  that  may  desire  the  use  thereof,  on  both  sides 
^\  Third  street,  from  Sibley  to  Robert  street;  on  both  sides 
v\  Fourth  street,  from  Rosabel  to  Cedar  street;  on  both  sides 
of  Fifth  street,  from  Rosabel  to  Cedar  street;  on  both  sides 
of  Sixth  street,  from  Wacouta  street  to  Cedar  street ;  on 
both  sides  of  Seventh  street,  from  Broadway  to  Wabasha 
street ;  on  both  sides  of  Jackson  street,  from  Third  street  to 
Seventh  street ;  on  both  sides  of  Robert  street,  from  Third 
street  to  Seventh  street,  or  in  the  same  amount  on  such  other 
streets  within  the  district  described  in  Section  1,  as  the 
grantee  may  select,  and  shall,  within  the  same  time,  construct 
a  modern,  central  steam  heating"  plant,  fully  equipped  and 
ready  for  operation,  of  sufficient  capacity  and  dimensions  to 
supply  the  necessary  steam  for  heating-  the  buildings  on 
either  side  of  the  streets  last  above  described. 

Said  grantee  shall,  from  time  to  time,  make  extensions 
of  its  main  pipes,  in  addition  to  the  foregoing"  requirements, 
within  the  territory  described  in  Section  1  hereof,  upon  or 
along  any  of  the  streets  or  alleys  herein,  whenever  a  peti- 
tion is  presented  to  it  so  to  do,  signed  by  owners  or  tenants 
of  buildings,  wherein  and  whereby  said  petitioners  agree  to 
purchase,  for  a  period  of  three  years,  a  steam  supply  suffi- 
cient to  .heat  not  less  than  one  thousand  (1,000)  cubic  feet 
of  space  for  each  lineal  foot  of  street  main  necessary  to  be 
installed  (exclusive  of  street  crossings  I  to  supply  said  service, 
but  the  grantee  shall  furnish  steam  to  such  petitioners  at 
all  times  during  the  life  of  such  contracts  at  the  regular  cur- 
rent prices  the  same  as  to  other  customers.  All  service  pipes 
in  the  streets  or  alleys,  for  the  purpose  of  installing  and  fur- 
nishing service,  shall  be  provided  and  laid  at  the  expense  of 
the  grantee. 

1110.  Sec.  3.  Said  grantee  shall  at  all  times  during  the 
life    of   this   franchise    furnish    and    supply    steam   to   all   cus- 


:'m  5 

tomers  and  applicants  without  discrimination,  at  uniform 
reasonable  rates,  the  amount  consumed  to  be  ascertained 
by  meter  measurements. 

Said  grantee  shall  at  all  times  during  the  term  of  this 
franchise  use  and  exert  every  reasonable  effort  to  constantly 
maintain,  run  and  operate  its  entire  plant,  and  all  enlarge- 
ments and  extensions  thereof. 

1111.  See.  -i.  The  authority,  rights  and  permission  here- 
by granted  are  subject  to  the  following'  terms,  restrictions 
and  conditions: 

1."  All  excavations  in  any  street  or  alley  shall  be  made 
subject  to  the  general  ordinances  of  the  City  of  St.  Paul, 
now  or  hereafter  in  force,  in  relation  to  street  excavations. 

2.  Before  any  openings  shall  be  made- by  said  grantee 
its  successors  or  assigns,  in  any  of  the  streets,  alleys  or 
public  grounds  of  the  City  of  St.  Paul,  they  shall  first  file 
with  the  Commissioner  of  Public  Works,  a  plat  showing 
the  locations  in  which  it  is  proposed  to  construct  the  under- 
ground mains  and  appurtenances  thereto,  in  which  they  shall 
fully  set  forth  the  character  of  the  construction,  number, 
dimensions  and  locations  of  all  pipes  and  manholes,  and 
before  proceeding  with  any  such  work  they  shall  first  obtain 
a  permit  therefor  from  the  Commissioner  of  Public  Works, 
and  before-  granting  any  Mich  permit  said  Commissioner  of 
Public  Works  shall  designate  the  space  to  be  occupied  by 
said  grantee,  provided  that  available  space  exists  in  any  Mich 

r   alle\  . 

3.  Said  grantee,  its  successors  and  assigns,  shall  repair 
and  replace,  in  as  good  a  condition  as  they  weic  before,  with 
like    material,    the    surface    of    any    and    all    Streets    and    alleys 

of  the  city  where  any  excavations  are  made  for  an)  purpose 
hereunder;  and  shall  repair  and  replace  the  same  forthwith 
after  completing  such  work,  and  in  case  the  grantee  shall 
ivate  in  any  paved  streel  or  alley,  it  shall  be  required 
to  nol  onrj  replace  the  foundation  and  surface  of  the  pave 
iiT<iit  in  as  good  conditions  as  it  was  before  such  ex< 
tions,  but  shall  be  required  at  all  times  to  make  an)  and  all 
necessarj    repairs  to  thai   portion  thereof  which  it   ma)    have 


376 

excavated   that    may   in   any   way   be   rendered   necessary  by 
reason  of  not   having  been  properly  replaced. 

I.  Said  grantee,  its  successors  and  assigns  shall  not, 
without  permission,  in  any  manner  molest,  damage  or  inter- 
fore  with  any  gas  or  water  pipe,  or  any  public  or  private 
sewer,  conduits  or  wires,  in  or  under  any  of  the  streets,  alleys 
or  public  grounds  in  said  city. 

5.  As  far  as  practicable,  said  grantee  shall  lay  and  con- 
struct the  main  pipes  in  the  alleys,  and  where  there  are 
alleys  that  can  be  used  reasonably  for  that  purpose,  the 
Commissioner  of  Public  Works  shall  have  the  right  to  refuse 
permission  to  the  grantee  to  lay  its  pipes  in  the  streets,  and, 
in  case  of  such  refusal  by  the  Commissioner  of  Public  Works, 
the  grantee  shall  have  no  right  to  lay  or  construct  any  pipes 
in  such  streets,  without  procuring  further  permission  in  that 
regard  from  the  Common  Council. 

6.  All  right,  permission  and  authority  hereby  given 
and  granted  to  said  grantee  to  use  or  occupy  any  of  the 
streets  or  alleys  in  the  territory  bounded  and  described  in 
Section  1  hereof,  shall  cease  and  terminate  at  the  expiration 
of  ten  years  after  the  passage  of  this  ordinance,  except  as 
to  the  portions  of  any  such  streets  or  alleys  along,  upon  or 
under  which  said  grantee,  its  successors  or  assigns  shall 
have  laid  and  constructed  its  main  pipes  prior  to  the  expi- 
ration of  said  ten  years. 

1 .  Said  grantee,  its  successors  and  assigns,  hereby  as- 
sume and  shall  be  liable  for  all  damages,  caused  by,  or  aris- 
ing in  any  manner  out  of  the  exercise  of  the  rights,  privi- 
leges and  authority  by  this  ordinance  granted,  and  shall  at 
all  times  indemnify  and  save  the  city  harmless  from  all 
damage,  judgment,  costs  and  expense  arising  therefrom,  and 
said  grantee,  its  successors  and  assigns,  shall,  at  their  own 
expense,  defend  all  suits  and  actions  brought  against  the  city 
by  reason  of  the  passage  of  this  ordinance,  or  any  act  of 
omission  or  commission  thereunder,  upon  being  notified  of 
the  pendency  thereof,  before  the  time  to  answer  expires,  and 
the  recovery  of  judgment  in  any  such  action  for  any  sum 
or  amount  as  damages  or  costs  and  disbursements,  or  both, 
shall  be  conclusive  evidence  of  the  liability  of  the  grantee  to 


reimburse  the  city  therefor,  provided  that  the  grantee  has 
been  given  such  notice  of  the  pendency  of  such  action,  and 
failure  on  the  part  of  the  grantee  to  pay  or  discharge  any 
such  judgment  within  sixty  days  after  the  final  rendition 
thereof,  shall  work  a  forfeiture  of  all  of  the  rights  and  privi- 
leges granted  by  this  ordinance,  and  said  grantee  shall,  at 
the  time  of  accepting  this  ordinance,  as  hereinafter  pro- 
vided, hie  with  the  Comptroller  of  said  city  an  instrument 
in  writing,  appointing  and  designating  an  agent,  resident  in 
the  City  of  St.  Paul,  upon  whom  all  notices  herein  pro- 
vided for  may  be  served,  and  upon  whom  any  service  or 
process  may  be  served,  and  the  service  of  any  such  notice, 
summons  or  process  upon  the'  person  so  designated  shall 
be  taken  and  deemed  as  valid  and  legal  service  upon  said 
grantee,  the  same  as  if  served  upon  it  personally. 

1112.  Sec.  •">.  Said  grantee,  its  successors  and  assigns. 
are  hereby  granted  permission  to  make  necessary  connec- 
tion-, with  the  sewer  system  of  said  city  for  the  purpose  of 
disposing  of  any  drainage  water;  provided,  however,  that 
such  connections,  and  work  done  in  connection  therewith, 
shall  be  in  conformity  with  the  rules  governing  other  sewer 
connections,  after  the  same  is  approved  by  the  Commissioner 
of  Public  Works,  and  a  permit  therefor  issued  by  him;  it 
being  understood,  however,  that  no  steam  connection  what- 
ever shall  be  made  with  the  sewefs. 

Said    grantee    shall,    whenever    it     makes    excavations    in 
any  street,  alley  or  public  grounds  of  the  city,  or  sewer  eon 
nections,    in    addition    to    replacing    and    repairing    the    streets 
and     alky-,    as    hereinbefore    required,    pay    the     cosl     of    an 
inspector  to  inspect  and  oversee  Mich  repairs,  ami  the  making 

Lich   sewer  connections,   such   inspector   to  be   designated 
and  appointed  l>\   the  Commissioner  of  Public  \\  orks. 

1113.  Sec.  6.  Tin-  rights,  privileges  and  authorit}  hereby 
grained  shall  be  held  and  exercised  l>\    the  grantee,  its  suc- 

and  a  signs,  subjeel    to    all    the    conditions  and  limi- 
tation-   contained    in    the   Charter   of    the    City   of   St.    Paul, 
including   the   filing   of  the   statements   provided   for   in   Sec 
tion  21  of  Chapter  IV  of  3aid  Charter,  and  the  paymenl  of 


378 

a  license  fee  of  five  per  com.  of  the  gross  earnings  of  said 
company,  derived  or  accruing  From  the  exercise  and  enjoy- 
ment of  said  rights,  privileges  and  authority,  as  in  said 
Charter  provided. 

1114.  Sec.  >.  Said  city  also  reserves  the  right,  in  case 
il  shall  at  any  time  during  the  life  of  the  franchise  hereby 
granted  construct  or  operate  any  system  of  conduits,  tun- 
nels, or  subways,  for  general  accommodation,  in  or  under 
any  street  Or  streets  of  the  said  city,  along  or  under  which 
the  grantee  has  laid  its  pipes,  to  order  and  require  said 
grantee,  its  successors  and  assigns,  at  their  own  expense, 
to  remove  and  relocate  any  or  all  of  its  pipes  along  or  under 
any  such  >treet  or  streets,  to  and  in  such  tunnels,  conduits 
or  subways,  provided  by  the  city,  and  the  city  shall  have 
the  right  to  charge  said  grantee  and  receive  from  it  a  rea- 
sonable rental  and  compensation,  to  be  fixed  and  prescribed 
by  the  Common  Council,  for  the  use  thereof,  upon  provid- 
ing reasonable  space  therein  for  the  same,  and  the  said 
grantee  shall  promptly  obey  and  execute  all  orders  and 
directions  in  that  behalf  given  by  the  Common  Council,  pro- 
vided that  no  interruption  of  their  service  to  consumers  shall 
be  involved. 

1115.  Sec.  8.  Said  grantee,  its  successors  and  assigns, 
before  exercising  any  of  the  rights,  privileges  or  authority 
conferred  by  this  ordinance,  shall  execute  and  deliver  to  said 
city  a  good  and  sufficient  bond  in  the  penal  sum  of  twenty- 
five  thousand  ($25,000)  dollars,  in  such  form  as  shall  be 
approved  by  the  Corporation  Attorney,  and  with  surety  or 
sureties  thereon  to  be  approved  by  the  Mayor  of  said  city, 
conditioned  for  the  faithful  performance  by  said  grantee, 
it'-  successors  and  assigns,  of  all  the  obligations  and  condi- 
tions imposed  upon  it  by  the  terms  of  this  ordinance  ;  pro- 
vided, however,  the  Common  Council  of  the  city  may  at  any 
time,  by  resolution,  release  the  said  bond  or  reduce  the  penal 
sum  thereof,  if  satisfied  that  the  same  is  no  longer  neces- 
sary for  the  adequate  protection  of  the  city. 

1116.  Sec.  9.  In  the  event  that  said  grantee,  its  suc- 
cessors   or    assigns,    shall    at   any   time    fail    to    comply   with, 


379 

or  in  case  of  a  breach  by  it  of  any  of  the  terms,  provisions, 
conditions  or  limitations  contained  in  or  provided  for  in 
this  ordinance,  all  rights  and  privileges  hereby  granted  shall 
be  forthwith   terminated  and  become  forfeited  to  said  city. 

1117.  Sec.  10.  Said  grantee,  its  successors  and  assigns, 
shall  at  all  times  be  and  remain  separate  and  apart  from, 
and  entirely  independent  of.  any  and  all  competing  com- 
panies, corporations  and  individuals  that  may  hereafter  be 
engaged  in  a  similar  business  in  said  city,  and  shall  not  in 
any  manner  consolidate  or  pool  its  stock,  business  or  ter- 
ritory with   any  thereof,   neither   shall   said   grantee,   its   suc- 

sors  or  assign>.  ever  acquire,  own,  make  use  of,  or  in  any 
manner  exercise  any  of  the  rights,  privileges  or  franchises 
or  use.  own,  control  or  operate  any  of  the  property,  works, 
plants  or  appliances  of  any  such  other  company,  corporation 
or  individual. 

No  sale,  assignment,  transfer,  lease  or  other  disposition 
of  an}-  of  the  rights,  privileges  or  franchises  hereby  granted 
shall  ever  be  made  without  the  consent  of  the  Common 
Council  first  had  and  obtained:  provided,  however,  that  said 
grantee  may,  if  it  so  elects,  organize  a  .Minnesota  corpora- 
tion for  tin-  purpose  of  taking  over  the  property  and  fran- 
chises hereby  granted,  provided  that  such  corporation  so 
organized  shall  take  the  same  subject  to  all  the  provisions, 
requirements  and  limitations  herein  contained,  and  the  formal 
transfer  thereof  by  said  grantee  to  Mich  corporation  shall 
be  in  form  to  be  approved  by  the  Corporation    Attorney  ami 

the  Common  Council,  and  shall   be  tiled   with   the   Comptroller 

of  said  city,  and   such    Minnesota   corporation   shall   affirma- 
tively   agree  to  abide  by   ami   perform   all  of   the   terms,  re 
quirements  hereof,  ami  when  so  transferred  -'ill  rights  of  the 

nt   grantee  hereunder  shall   cease. 

1118.  See.  ll.  Said  grantee  shall,  within  ninety  days  after 
the  passage,  approval  and  publication  of  this  ordinance,  file 
with  the  Comptroller  of  said  city,  it >  written  acceptance 
thereof,  in  form  to  be  approved  l>\  the  Corporation  Attorney, 
and  therein  shall  agree  to  abide  by,  keep  and  perform"  all 
the  terms,  limitations,  conditions  and  provisions  of  this  ordi 


:;mi 

nance,  and  within  the  same  time,  said  grantee  shall  file  in 
the  office  of  the  City  Comptroller  the  bond  hereinbefore  pro- 
vided for,  properly  executed  and  approved  as  herein  required. 

1119.  See.  12.  This  ordinance  shall  lake  effect  and  be 
in  force  from  and  after  its  passage,  approval,  publication  and 
acceptance  as  herein  provided,  and  upon  filing'  the  bond  as 
hereinbefore  required. 

SAME. 
Ordinance  No.  2513. 

(Approved  May  22,  1905.) 

1120.  An  Ordinance  amending  Ordinance  No.  2457,  of  the 

General  Ordinances  of  the  City  of  St.  Paul,  entitled 
"An  Ordinance  granting  to  the  American  District 
Steam  Company,  its  successors  and  assigns,  the 
right,  privilege  and  authority  to  occupy  and  use 
certain  of  the  streets  and  alleys  of  the  City  of  St. 
Paul,  for  the  purpose  of  conducting  and  convey- 
ing steam  to  consumers,"  approved  June  8,  1904. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

1121.  Sec.  1.  That  Section  two  (2),  of  Ordinance  No. 
2457,  entitled  "An  Ordinance  granting  to  the  American  Dis- 
trict Steam  Company,  its  successors  and  assigns,  the  right, 
privilege  and  authority  to  occupy  and  use  certain  of  the 
streets  and  alleys  of  the  City  of  St.  Paul  for  the  purpose  of 
conducting  and  conveying  steam  to  consumers,"  approved 
June  8,  1904,  shall  be  and  the  same  is  hereby  amended  by 
striking  out  the  words  "within  a  period  of  one  year  from  the 
passage  of  this  ordinance,"  as  the  same  occur  in  Section  two 
(2),  and  inserting  therein  in  lieu  thereof  the  following:  "On 
or  before  the  first  day  of^December,  A.  D.  1905." 

1122.  Sec.  2.  Before  this  amendment  shall  be  of  any  force 
or  effect,  the  said  American  District  Steam  Company,  and 
the  surety  company  bonding  the  said  American  District 
Steam  Company  under  the  terms  of  Ordinance  No.  2457,  shall 
file  their  written  acceptance  of  the  terms  hereof  with  the  City 
Comptroller  of  the  City  of  St.  Paul. 


-•'.81 

1123.  Sec.  •">.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage,-  approval,  publication  and 
.acceptance,  as  herein  provided.  - 

SAME. 
Ordinance  No.  2524. 

(Approved  June  24,  1905.) 

1124.  An     Ordinance    authorizing    the    construction    and 

maintenance   of   a   railway  spur  track  on   Market 

street,  by  the  American  District  Steam  Company. 

The  Common   Council   of  the   City  of  St.   Paul   do  ordain  as 

follows  : 

Sec.  1.  Authority  and  permission  are  hereby  granted  to 
the  American  District  Steam  Company,  its  successors  and 
assigns,  to  erect  and  maintain  a  railway  spur-track  on  and 
across  .Market  street,  near  the  intersection  of  said  Market 
street  with  Spring  street,  in  the  City  of  St.  Paul,  and  to  operate 
freight  cars  thereon  for  the  purpose  of  receiving  and  dis- 
charging merchandise;  said  track  to  be  laid  and  maintained 
at  a  point  designated  by  the  Commissioner  of  Public  Works, 
and  to  be  in-tailed  to  his  satisfaction  and  approval.  This  per- 
mission, however,  is  granted  upon  and  expressly  subject  to 
the  following  conditions,  to-wit:  One-  .Said  American  Dis- 
trict Steam  Company  shall  save  the  Cit}  of  St.  Paul  harmless 
from  any  and  all  damages,  claims,  costs,  judgments  and  ex- 
penses whatsoever,  in  any  way  arising  out  of  the  construc- 
tion, maintenance,  operation  or  removal  of  said  track.  Two — ■ 
Thai    said   track   shall   be  taken   up  and   removed    from   said 

et,  and  the  street  restored  to  its  original  condition  when- 
ever the  Common  Council  shall  so  order. 

2,     This  ordinance  shall  take  eflfeel  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

Resolution  of  the  Common  Council. 

I  approved  Sept.   I  I.   L905. 1 

1125-1126.  Resolved,  Thai  the  transfer  by  the  American 
Districl  Steam  Compan)  of  all  its  rights,  privileges,  franchises 
ami  property,  under  Ordinance   No,  2457,  of  the  Cit}    of  Si. 


182 

Paul,  to  the  Northern  Manufacturing  Company,  and  the  ac- 
ceptance of  said  transfer  by  the  Northern  Manufacturing 
Company,  together  with  the  bond  of  said  Northern  Manu- 
facturing Company,, to  the  City  of  St.  I'aul,  in  the  penal  sum 
{525,000,  executed  under  and  pursuant  to  said  Ordinance 
No.  2457,  as  submitted  by  the  Corporation  Attorney,  all  of 
said  instruments  bearing  date  July  <i.  1905,  be  and  the  same 
are  hereby  accepted  and  approved,  and  the  City  Clerk  is 
directed  to  transmit  and  file  the  same  with  the  City  Comp- 
troller. 

AMERICAN  HOIST  AND  DERRICK  CO. 
Ordinance  No.   1786. 

i  Approved  Dec.  8,  1894.) 

1127.         An  Ordinance  granting  the  American  Hoist  and  Der- 
rick   Co.    privileges    upon    the     Sixth     (6)     ward 
levee  in  the  City  of  St.  Paul. 
The   Common   Council   of  the   City   of   St.    Paul   do  ordain  as 

follows" : 

Sec.  1.  That  there  is  hereby  given  and  granted  unto  the 
American  Hoist  and  Derrick  Co..  a  corporation,  permission 
and  authority  to  use  and  occupy,  from  the  date  of  this  ordin- 
ance until  July  1,  A.  D.  1916,  for  manufacturing  purposes,  that 
portion  of  the  levee  in  the  Sixth  (6)  ward  in  the  City  of  St. 
I'aul,  described  and  bounded  as  follows: 

(  >n  the  east  by  a  line  parallel  with  and  in  feet  west  of  the 
eastern  line  of  South  Robert  street ;  on  the  west  by  the 
western  line  of  South  Robert  street :  on  the  south  by  a  line 
drawn  parallel  with  and  50  feet  northerly  from  the  south 
boundary  line  of  the  levee,  where  said  line  crosses  South 
Robert  street,  and  on  the  north  by  the  stone  bridge  pier  which 
lies  nearest  to  the  line  constituting  the  northern  boundary 
line  of  lots  one.  two,  three,  four  and  five,  of  block  two,  of 
Bazille  and  Roberts'  Addition,  all  of  said  property  being  in 
the  City  of  St.  Paul  and  County  of  Ramsey. 

This  grant  and  permission  is  made  by  and  in  behalf  of 
the  City  of  St.  Paul,  upon  the  express  terms  and  conditions 
hereinafter   set   forth: 


383 

First — Said  grantee,  its  successors  or  assigns,  shall  pay 
to  the  City  of  St.  Paul  as  a  portion  of  the  compensation  and 
rental  for  the  privileges  hereby  granted,  and  for  the  privi- 
leges heretofore  granted  to  the  same  company,  named  as 
grantees  herein  upon  said  levee,  the  sum  of  $1  per  annum, 
payable  annually  in  advance  for  and  during  the  time  herein- 
above specified. 

Second — Said  grantee  shall  erect  upon  said  premises  and 
maintain  thereon  a  building  covering  at  least  four-fifths  of  the 
area  of  the  property  above  described;  the  walls  of  said  build- 
ing to  be  constructed  of  stone  and  brick,  or  both  ;  the  roof  of 
composition  of  timber,  pitch,  and  other  materials  commonly 
used  in  making  composition  roofing;  the  floors  of  wood,  and 
the  foundation  to  be  at  least  four  feet  below  the  levee  grade, 
and  resting  on  footing  stone  without  piling,  and  the  height 
of  the  walls  of  the  building  not  to  exceed  twenty  feet  above 
the  established  grade  of  said  levee,  and  otherwise  to  be  con 
Structed  under  the  supervision  and  direction  of  the  building 
inspector  of  the  City  of  St.  Paul;  provided,  that  no  chimneys 
nor  smoke  stack  shall  be  used  in  or  upon  said  building. 

Third  The  grantee  herein  named,  its  successors  or  as 
signs,  shall  complete  said  building  above  specified  within 
twelve  months  from  the  time  of  the  passage  of  this  ordinance, 
and  before  the  expiration  of  the  term  of  this  lease  said  build- 
ing shall  be  removed  from  said  premises  by  said  grantee,  its 
successors  and  assigns,  and  in  case  of  failure  to  remove  said 
buildings  within  said  time,  the  same,  or  such  part  thereof 
as  may  thereafter  remain  on  said  premises,  shall  become  the 
propert)  of  the  City  of  St.  Paul, 

Fourth  Said  grantee  shall  and  will  Forever  indemnify 
and  save  harmless  the  City  of  St.  Paul  againsl  any  and  all 
damages,  judgments,  claims,  costs  and  expenses,  which  said 
city  may  suffer,  or  which  may  bi  red  or  obtained  from 

or  by  reason  of.  or  growing  oul  of.  or  resulting  from  the  pas- 
of  this  ordinance,  of  tin-  performance  or  transaction  "f 
any  matter  or  thing  connected  therewith,  or  mentioned  there 
in.  or  with  the  exercise  by  said  grantee  of  the  privi  reby 

e  rani  ed, 


:;si 

Fifth — Said  grantee  shall,  during  the  continuation  of  this 
lease  employ  during  each  year,  in  and  about  the  work  on  said 
levee,  a  number  of  men  which  shall  average  at  least  fifty  for 
each  working  day  in  said  lease. 

1128.  Sec.  2.  All  the  piling,  fiprapping  and  filling  neces- 
sary to  be  done  on  said  land  above  described  shall  be  let  to 
contractors  who  are  residents  of  the  City  of  St.  Paul,  and  shall 
be  performed  by  persons  and  laborers  residing  in  the  City  of 
St.  Paul,  and  all  brick  or  stone  used  in  the  construction  of 
said  work  shall  be  of  St.  Paul  manufacture,  or  quarried  in 
said  city. 

1129.  Sec.  3.  This  ordinance  shall  not  be  considered  or 
construed  in  any  manner  guaranteeing  or  warranting  any  of 
the  rights  hereby  granted,  or  the  title  of  the  land  herein  above 
described,  and  said  property  shall  be  held  and  occupied  sub- 
ject to  all  grants  or  leases  thereof  heretofore  made. 

1130.  Sec.  4.  If  said  grantee,  its  successors  or  assigns, 
shall  fail  in  any  respect  to  comply  with  the  provisions  of  this 
ordinance,  then  all  the  rights  and  privileges  herein  granted 
shall  immediately  be  forfeited  to  the  City  of  St.  Paul,  and 
this  grant  and  lease  be  thereby  terminated  and  forfeited. 

1131.  Sec.  5.  All  buildings  placed  on  said  land,  as  herein 
provided,  shall  be  deemed  personalty  for  purpose  of  taxation, 
and  said  grantee  agrees  for  itself,  its  successors  and  assigns, 
to  pay  all  taxes  which  may  be  levied  or  assessed  on  said  build- 
ings, and  in  case  said  grantee,  its  successors  and  assigns, 
shall  allow  said  taxes  to  remain  unpaid  until  the  date  of  the 
tax  sale  thereon  all  the  rights  and  privileges  hereby  granted 
shall  revert  to  the  city,  and  this  lease  shall  thereupon  ter- 
minate. 

1132.  Sec.  <>.  This  lease  shall  be  subject  to  assignment 
only  upon  permission  previously  granted  by  the  Common 
Council  of  the  City  of  St.  Paul,  and  any  assignment  hereof 
either  by  law  or  by  agreement  of  the  parties  without  the  con- 
sent of  the  Common  Council  of  the  City  of  St.  Paul  shall  work 
a  forfeiture  of  this  lease. 


385 

1133.  Sec.  T.  Said  grantee  shall  file  with  the  City  Clerk 
of  the  City  of  St.  Paul,  within  sixty  days  after  the  passage 
and  publication  of  this  ordinance,  its  written  acceptance  of 
the  provisions  thereof,  and  its  agreement  to  perform  all  the 
terms  thereof,  the  same  to  be  approved  by  the  Corporation 
Att<  irney. 

1134.  Sec.  8.  This  ordinance  shall  take  effect  and  he  in 
force  from  and  after  its  passage,  publication  and  acceptance. 
as  pr<  >\ided  herein. 

SAME. 

Ordinance  No.   1846. 

I  Approved  (  >ct.  25,  1895.)     . 

li  35.         An  Ordinance  granting  unto  the  American  Hoist  and 

Derrick  Company  permission  to  occupy  and  use  a 

portion  of  the  levee  in  the  Sixth  (6)  ward,  in  the 

City  of  St.  Paul. 

The   Common   Council   of  the   City   of  St.    Paul  do  ordain  as 

foil  ws  : 

See.    1.      That  there  is  hereby  given  and  granted  unto  the 
American  Hoist  and   Derrick  Company,  a  corporation  created 
and  organized  under  the  laws  of  the  State  of  Minnesota,  its 
successors  and  assigns   (which,  for  convenience  hereafter,  is 
called   herein    -aid    "-ranter."  or  said   "company"),   permission 
and  authority  to  use  and  occupy  for  the  fnll  period  oi  twentj 
five    (25J    years     from     the     date     of      the  passage  ol     this 
ordinance,    For    the    purpose    of    manufacturing     machinery, 
nes,    boilers,    and    articles    composed    and    manufactured 
wholly  or  in  part  of  wood  or  metal,  that  portion  "t  the  levee 
in  the  Sixth   nil    ward,  in  the  City  of  Si.    Paul,  included   in  the 
bounded   as    follow-,   to-wit:     On    the   north    by   a   line 
drawn  parallel  with  and  two  hundred   (200)   feel   north  of  the 
north  boundary  line  of  I."'-  one  (1),  two  (2),  three  (3),  four 
(4)  and  five  (5),  Block  two  (2),  of  Bazille  and  Roberts'    Ad- 
dition: on  the  easl  b)   ;i  line  parallel  with  and  twent)  seven 
westerlj  from  the  center  line  of  Roberl  streel  bridge, 
uch  line  is  fixed  b)    the  pier?  of  said  bridge;  on  the  wesl 


[86 

by  1 1  iil»cit  street,  and  on  the  south  1>y  a  line  drawn  parallel 
with  and  fift}  (50)  feel  northerly  from  the  south  boundary 
line  of  the  levee.  Also  the  piece  of  ground  bounded  as  fol- 
lows: On  the  oast  by  a  line  parallel  with  and  ten  (10)  feet 
west  of  the  eastern  line  of  South  Robert  street;  on  the  west 
by  the  western  line  of  South  Robert  street;  on  the  south  by 
a  line  drawn  parallel  with  and  fifty  (50)  feet  northerly  from 
the  south  boundary  line  of  the  levee  where  said  line  crosses 
South  Robert  street,  and  on  the  north  by  the  stone  bridge 
pier  which  lies  nearest  to  the  line  constituting  the  northern 
boundary  line  of  lots  one  (1),  two  (2),  three  (3),  four  (4) 
and  the  (5),  of  block  two  (2),  Bazille  and  Roberts'  Addi- 
tion; all  of  said  property  being  in  the  City  of  St.  Paul  and 
County  of  Ramsey.  This  grant  and  permission  is  made  by 
and  in  behalf  of  the  City  of  St.  Paul  upon  the  express  terms 
and  conditions  hereinafter  set  forth  : 

First — Said  grantee,  its  successors  or  assigns,  shall  pay 
to  the  City  of  St.  Paul,  as  compensation  and  rental  for  the 
privileges  hereby  granted,  the  sum  of  one  dollar  ($1)  per 
annum,  payable  annually  in  advance,  for  and  during  the  time 
hereinabove  specified. 

Second — Said  grantee  shall,  on  or  before  January  first  I  1  I, 
1898,  erect  upon  said  tract  of  land,  in  addition  to  the  buildings 
already  erected  thereon,  a  building  measuring  on  the  ground 
plan  not  less  than  seventy-five  (75)  feet  by  one  hundred  (  100) 
feet,  and  costing  not  less  than  ten  thousand  dollars  (SlO.nuin, 
and  from  time  to  time  during  the  life  of  this  lease  such  other 
buildings  and  improvements  as  it  may  desire  to  erect  on  said 
premises  for  its  business  operations.  All  new  buildings  shall 
be  made  of  brick,  stone,  terra  cotta,  steel,  or  a  combination 
of  any  of  these  materials;  the  roof  shall  be  of  wood,  covered 
with  pitch  and  gravel  or  iron.  The  floor  shall  be  of  wood. 
The  same  shall  be  built  upon  the  plans  approved  by  the  build- 
ing inspector  of  said  city,  upon  obtaining  the  proper  permit 
therefor.  Any  building  now  erected  or  to  be  erected  upon 
said  premises  shall  be  used  for  manufacturing  purposes  above 
set  forth,  and  in  connection  therewith ;  provided,  however, 
that  the  chimney  and  smoke  stacks,  if  any  there  be  erected, 
to  be  used  in  said  buildings,  shall  extend  at  least  twenty-five 


feet  above  the  grade  of  the  street  above  specified,  South" 
Robert  street  excepted;  and  provided  that  the  Common  Coun- 
cil of  the  City  of  St.  Paul  may.  by  special  resolution,  permit 
the  erection  by  said  grantee  of  building  of  a  different  char- 
acter and  material  than  those  set  forth  above.  The  found- 
ation of  said  buildings  to  be  made  in  accordance  with  plans 
satisfactory  to  the  Building  Inspector  of  said  city,  and  re- 
gardless  of  the  ordinance  covering  usual  foundations  for  build- 
ings. 

Third — Before  the  expiration  of  the  term  of  this  lease 
said  buildings  shall  be  removed  from  said  premises  by  said 
grantee,  its  successors  or  assigns,  and  in  case  of  failure  to 
remove  said  buildings  within  said  time  the  same,  or  such 
part  thereof  as  may  thereafter  remain  on  said  premises,  shall 
become  the  property  of  said  City  of  St.  Paul. 

Fourth — Said  grantee  shall  and  will  forever  indemnify 
and  save  harmless  the  City  of  St.  Paul  against  any  and  all 
damages,  judgments,  claims,  costs,  and  expenses  of  same, 
which  said  city  may  suffer,  or  which  may  be  recovered  or 
obtained  from  or  by  reason,  or  growing  out  of,  or  resulting 
from  the  passage  of  this  ordinance,  or  of  the  performance  or 
transaction  of  any  matter  or  thing  connected  therewith,  or 
mentioned  therein,  or  with  the  exercise  by  said  grantee  of 
the  privileges  hereby  granted  herein. 

Fifth — The  City  of  St.  Paul  reserves  the  righl  to  order 
tin-  removal  of  any  buildings  whenever  in  the  opinion  of  the 
Common  Council  it  shall  deem  [\  try  to  do  so  in  order 

to  repair  South  Roberl  street,  or  the  present  bridge  erected 
in  said  street,  or  any  other  bridge  that  may  hereafter  be 
erected    in    said    street. 

(Ordinance  No.  Is  m.  passed  October  22,  1895,  Sec.   L.) 

1136.        Sec.  2.     Tin-  -aid  American  Hoist  and  Derrick  Can 
pany  shall,  during  the  continuance  of  thi  continuously 

prosecute  it-  manufacturing  business,  and  if.  during  the  term 

of    this    lease,    said    ronipanv.    il-  ors    or    assigns,    shall 

fail   for  any  successive  thirty    (30)   days  to  conducl   said   iii.iiiii 

facturing  business  as   afore  aid,  then  said  city  has  the  i 
and  option,  by  resolution,  upon  thirty  I  :'>11  >  days  written  notice 
to  said  ■■■  of  its  intention  so  to  do,  to  cancel  and  termi 


388 

nate  said  lease,  provided  thai  failure  to  prosecute  said  busi- 
as  aforesaid  caused  by  flood  or  damages  by  fire,  or  the 
elements,   or   strikes,   shall    not    be   taken   as   a   part   of   said 
thirty   i  30)  days. 

(Id.  §2.) 

1137.*  Sec.  3.  All  the  piling,  riprapping  and  filling  neces- 
sary to  be  done  on  the  land  above  described  shall  be  let  to 
St.  Paul  contractors,  or  be  performed  by  persons  and  laborers 
residing  in  the  City  of  St.  Paul,  and  all  brick  or  stone  used 
in  the  construction  of  any  of  the  said  buildings  constructed 
<>n  said  premises  shall  be  of  St.  Paul  manufacture,  or  quarried 
in  said  city. 

1138.  Sec.  4.  This  ordinance  shall  not  be  considered  or 
construed  as  in  any  manner  guaranteeing  or  warranting  any 
of  the  rights  hereby  granted,  or  the  title  of  the  land  herein 
described. 

1139.  Sec.  -~>.  If  -aid  grantee,  its  successors  or  assigns, 
shall  fail  to  comply  with  any  of  the  provisions  of  this  ordi- 
nance, then  said  city  has  the  right  and  option,  upon  giving 
thirty  i  30)  days  written  notice  to  said  grantee  of  its  inten- 
tion so  t(  i  do.  to  terminate  and  forfeit  this  lease  ;  provided, 
that  in  case  this  lease  is  forfeited  by  said  city,  or  otherwise 
for  any  reason,  then  said  grantee  shall  have  the  right,  during 
the  six  (6)  months  next  following  such  forfeiture,  to  remove 
its  machinery,  property  and  improvements  from  said  premises. 

1140.  Sec.  G.  All  buildings  placed  on  said  land  as  herein 
provided  -hall  be  deemed  personalty  for  purposes  of  taxation, 
and  said  grantee  agrees  for  itself,  its  successors  and  assigns, 
to  pay  all  taxes  which  may  be  levied  or  assessed  on  said 
buildings:  and  in  case  said  grantee,  its  successors  or  assigns, 
shall  allow  said  taxes  to  remain  unpaid  until  the  date  of  the 
t;:.\  sale  therefor,  all  the  rights  and  privileges  hereby  granted 
shall  revert  to  the  city,  and  this  lease  shall  thereupon 
terminate. 

1141.  Sec.  ', .  An}-  buildings  said  grantee  may  erect  on 
-aid  premises  may  be  so  erected  as  to  have  a  business  en- 
trance and  passageway  to  and  from  and  upon  Robert  street 


389 

bridge  :  said  business  entrance  or  passageway,  when  erected, 
to  be  according  to  the  plans  approved  by   the  city  engineer 

of  said  city. 

1142.  Sec.  8.  In  the  event  at  any  time  during  the  last 
year  of  this  lease,  or  during  the  last  year  of  said  twenty-five 
(25)  years,  said  company,  its  successors  or  assigns,  is  still 
using  said  premises  in  the  prosecution  of  a  business  of  the 
character  herein  named,  and  has  placed  on  said  premises 
improvements  then  reasonably  worth  not  less  than  twenty 
thousand  ($20,000)  dollars,  then  said  company,  its  successors 
or  assigns,  has  the  right  and  option  to  have  an  extension  of 
this  lease,  and  the  rights  and  privileges  herein  specified,  for 
an  additional  twenty-five  (25)  years,  by  giving  said  city  or  its 
successors,  at  any  time  during  its  last  year,  written  notice  of 
its  election  to  have  this  lease  so  extended,  said  lease  so  ex- 
tended or  continued  to  be  governed  by  all  the  terms,  condi 
lions  and  stipulations  applicable  to  said  first  twenty-five  (25) 
years. 

1143.  Sec.    !».      Said    grantee   shall   file    with    the   city    clerk, 
within    sixty    (60)    days   after   the   passage   and    publication    of 
this  ordinance,  its  written  acceptance  of  the  provisions  thei 
and  it--  agreement  to  perform  all  the  terms  thereof,  the  same 
to  be  approved  by  the  corporation  attorney. 

1144.  Sec.  1<>.  This  ordinance  shall  take  effect  and  be 
in  force  From  and  after  the  passage,  publication,  and  accept- 
ance thereof,  as  provided  herein. 


:;:k  i 

SAME. 

Ordinance  No.   1924. 

(Approved  May  6,  1897.) 

1145.  An  Ordinance  to  amend  Ordinance  No.  1846,  enti- 
tled "An  Ordinance  granting  unto  the  American 
Hoist  and  Derrick  Company  permission  to  occupy 
and  use  a  portion  of  the  levee  in  the  Sixth  (6) 
ward,  in  the  City  of  St.  Paul,"  approved  October 
25,  1895. 
The   Common   Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  Section  one  (1),  of  Ordinance'  No.  1846, 
entitled  "An  Ordinance  granting  unto  the  American  Hoist 
and  Derrick  Company  permission  to  occupy  and  use  a  por- 
tion of  the  levee  in  the  Sixth  (6)  ward,  in  the  City  of  St.  Paul," 
approved  October  25,  1895,  be  and  the  same  is  hereby 
amended  so  that  the  second  subdivision  of  the  express  terms 
and  conditions  of  said  ordinance,  as  set  forth  in  said  Section 
one  (1),  shall  read  as  follows: 

"Second — Said  grantee  shall,  on  or  before  January  first 
(1  i.  eighteen  hundred  and  ninety-nine  (1899),  erect  upOn  said 
tract  of  land,  in  addition  to  the  buildings  already  erected 
thereon,  a  building  measuring  on  the  ground  plan  not  less 
than  seventy-five  i  75)  feet  by  one  hundred  (100)  feet,  and 
costing  not  less  than  ten  thousand  dollars  ($10,000),  and  from 
time  to  time  during  the  life  of  this  lease  such  other  buildings 
and  improvements  as  it  may  desire  to  erect  on  said  premises 
for  its  business  operations.  All  new  buildings  shall  be  made 
of  brick,  stone,  terra  cotta,  steel,  or  a  combination  of  any  of 
these  materials  ;  the  roof  shall  be  of  wood,  covered  with  pitch 
and  gravel  or  iron.  The  floors  shall  be  of  wood.  The  same 
shall  be  built  upon  the  plans  approved  by  the  Building  In- 
spector of  said  city  upon  obtaining  the  proper  permit  there- 
for. Any  building  now  erected  or  to  be  erected  upon  said 
premises  shall  be  used  for  manufacturing  purposes  above  set 
forth,  and  in  connection  therewith:  provided,  however,  that 
the  chimneys  and  smoke  stacks,  if  any  there  be  erected,  to 
be   used   in   said   buildings,    shall    extend   at   least   twenty-five 


391 

feet  above  the  grade  of  South  Robert  street,  and  pro- 
vided that  the  Common  Council  of  the  City  of  St.  Paul  may, 
hy  special  resolution,  permit  the  erection  by  said  grantee  of 
buildings  of  a  different  character  and  material  than  those  set 
forth  above.  The  foundation  of  said  buildings  to  be  made  in 
accordance  with  plans  satisfactory  to  the  building  inspector 
of  said  city,  and  regardless  of  the  ordinance  covering  the 
usual  foundations  for  buildings." 

1146.  Sec.   2.     That  section  three   (3)   of  said  ordinance  is 

hereby  amended  so  as  to  read  as  follows : 

"Sec.  3.  All  the  piling,  riprapping  and  filling  necessary 
to  be  done  on  the  land  above  described  shall  be  let  to  St. 
Paul  contractors,  or  be  performed  by  persons  and  laborers 
residing  in  the  City  of  St.  Paul,  and  all  the  brick  used  in  the 
construction  of  any  of  the  said  buildings  constructed  on  said 
premises  shall  be  of  St.  Paul  manufacture." 

Sec.  3.  In  consideration  of  the  passage  of  this  ordinance 
it  is  understood  and  agreed  that  the  American  Hoist  and  Der- 
rick Company  will  construct  the  foundation  for  the  buildings 
described  in  this  ordinance,  and  in  said  Ordinance  No.  1846, 
during  the  summer  of  1897. 

Sec.  4.  In  case  the  American  Hoist  and  Derrick  Com- 
pany shall  fail  to  comply  with  any  of  the  provisions  of  said 
Ordinance  No.  1846,  as  the  same  is  amended  by  this  ordi- 
nance, and  of  this  ordinance,  both  such  ordinances  shall  be 
null  and  void,  and  all  rights  acquired  by  the  same  shall  revert 
to  the  City  of  St.  Paul. 

Sec.  5.     Said  grantee  shall  file  with  the  city  clerk,  within 
sixty  (60)  days  after  the  passage  and  publication  of  this  ordi 
nance,  it-  written  acceptance  of  the  provisions  hereof,  and  its 
agree'menl   to  perform  all   the  terms  hereof,  such  acceptance 
to  he  approved  by  the  corporation  attorney. 

Sec.  6.  This  ordinance  shall  take  effeel  and  In-  in  force 
from  and  after  its  passage,  publication  ami  acceptance,  as 
h<  reinbefore  pr<  >vided. 

(See  Ordinance   No.  2245,  approved   Januar}    9,    1902,  trans- 
ferring all  tin-  rights  and  privileges  granted  unto  I. 
ami  llotV  in  the  American  Hoist  and  Derrick  l 


3!)  a 

SAME. 

Ordinance  No.  2245. 

i  Appn  >ved  January  9,  1902. ) 

1147.  An  Ordinance  authorizing  the  transfer  of  their  rights 
on  the  West  side  levee  by  Lee  &  Hoff  to  the  Ameri- 
can  Hoist  and   Derrick  Company. 

Whereas,  Heretofore  and  in  and  by  the  terms  of  Ordin- 
ance No.  L442,  approved  December  3,  1890,  as  the  same  has 
Ik  en  subsequently  amended,  extended  and  confirmed  by  <  )rdi- 
nance  No.  L544,  approved  October  22,  1891,  Ordinance  No. 
L911,  approved  February  19,  1897,  and  (  Jrdinance  No.  2019,  ap- 
proved November  2,  1898,  permission  and  authority  have 
been  given  and  granted  unto  Lee  &  Hoff,  a  corporation,  to  use 
and  occupy  lot  numbered  one  (1),  in  block  numbered  three 
(3),  of  Baziile  &  Roberts'  Addition  to  West  St.  Paul,  and  the 
l.'nd  between  it  and  the  Mississippi  river,  in  the  prosecution  of 
a  manufacturing  enterprise  ;  and 

Whereas,  One  of  the  conditions  under  which  said  permis- 
sion and  authority  were  granted  was  that  "no  rights  acquired 
under  this  ordinance  shall  be  transferred  to  anv  other  person, 
company  or  corporation  unless  the  consent  of  the  Common 
Council  shall  be  first  obtained,"  and 

Whereas.  There  has  also  been  heretofore  granted  to  the 
American  Hoist  and  Derrick  Company,  a  corporation,  in.  un- 
der and  by  the  terms  of  Ordinance  Xo.  1342,  approved  May 
21.  1890,  Ordinance  Xo.  1547,  approved  October  22,  1891,  Or- 
dinance Xo.  1786,  approved  December  8,  1804,  Ordinance  Xo. 
1846,  approved  October  25,  1895",  and  Ordinance  X"o.  1924,  ap- 
proved May  6,  1897,  the  right  to  use  and  occupy  for  manufac- 
turing purposes  certain  other  portions  of  the  so-called  levee 
on  the  West  side,  described  as  follows,  to-wit :  Lots  one  (1), 
two  (2).  three  (•'!),  four  (4).  and  five  (5),  in  block  numbered 
two  (2),  of  Baziile  and  Roberts'  Addition  to  AYest  St.  Paul; 
and 

Whereas,  The  above  named" Lee  &  Hoff  Corporation  is 
desirous  of  transferring  its  privileges  and  its  right  to  the  use 
and  occupation  of  the  aforesaid  lot  numbered  one  (1).  in  block 
numbered  three  (3),  of  Baziile  and  Roberts'  Addition  to  West 


393 

St.  Paul,  and  the  said  land  adjacent  thereto,  a  portion  of  said 
levee,  to  the  said  American  Hoist  &  Derrick  Company,  a  cor- 
poration, and  has  entered  into  an  agreement  in  writing  to  that 
end,  under  date  of  January  6,  1902,  a  copy  of  which  said  agree- 
ment lias  been  duly  hied  with  the  City  Clerk. 
Now,  therefore,  The  Common  Council  of  the  City  of  St.  Paul 
do  ( >nlain  as  follows  : 

1148.  Sec.  1.  That  Lee  &  Hoff,  a  corporation,  he  ami  they 
are  hereby  authorized  so  to  transfer  to  the  American  Hoist  & 
Derrick  company  above  named  any  and  all  rights,  permission, 
authority  and  privilege  to  use  and  occupy  that  portion  ^i  the 
levee  and  land  in  the  Sixth  ward,  in  the  City  of  St.  Paul, 
hereinbefore  referred  to,  and  described  as  follows:  Lot  num- 
bered one  (1).  in  Block  numbered  three  (3),  of  Bazille  & 
Roberts'  Addition  to  West  St.  Paul,  and  also  the  piece  or  par- 
cel of  land  lying  between  said  lot  one  i  1  I  and  the  Mississippi 
river, 

1149.  Sec.  2.  That  any  and  all  rights,  privileges,  or  author- 
ity acquired  by  said  American  Hoist  &  Derrick  Company  by 
or  through  such  transfer  and  this  approval  thereof  shall  be  and 
they  are  hereby  taken  subject  to  all  the  terms  and  conditions 
of  the  ordinances  hereinbefore  recited  granting  the  same  to 
and  conferring  the  same  upon  said  Lee  &  Hoff,  and  further 
Subject  to  any  and  all  terms  and  conditions  imposed  upon  or 
connected  with  the  rights,  privileges  and  authorit)  heretofore 
granted  to  said  American  Hoist  &  Derrick  Company  directly 
by  the  ordinances  hereinabove  recited. 

Sec.    3.      This   ordinance   shall    take   effect    and   he   in    force 
from  and  after  its  passage,  approval  and  publication. 

THE   AMERICAN    MANUFACTURING   CO. 
Ordinance  No.  1342. 
i  Approved  Ma)   21,  L890.  i 

1150.  An    Ordinance    granting   the    American    Manufactur- 

ing Co.  privilege  to  grade  a  portion  of  the  levee  in 
the  Sixth  (6)  ward  and  erect  a  building  on  same. 

The  Common  Council  of  the  Cit)  of  St.  Paul  do  ordain: 

See.    1.     That   permission  and   authorit)    is  hereb)    given 

and  granted  to     the    American    Manufacturing     Com  pan)    to 


394 

grade  and  occupy  for  ten  (10)  years  for  manufacturing  pur- 
-  thai  portion  of  the  levee  in  the  Sixth  (6)  ward  of  said 
city  as  follows:  All  of  lots  one  (1),  two  ( " J ) ,  three  (3),  four 
(4)  and  five  (5);  block  two  (2),  Bazille  and  Roberts'  ad- 
dition, not  included  within  the  strip  fifty  (50)  feet  wide  lying 
north  and  running  parallel  with  the  south  boundary  line  of  the 
levee. 

1151.  See.  2.  That  permission  and  authority  is  hereby 
given  and  granted  to  the  American  Manufacturing  Company 
to  move  their  foundry  buildings  now  located  on  the  southerly 
part  of  Lot  three  (3),  Block  two  (2),  Bazille  and  Robert's 
addition,  in  a  northerly  direction,  and  to  be  located  on  the 
piece  of  land  described  in  Sec.  1.  Also,  that  said  American 
Manufacturing  Company  be  allowed  to  increase  the  size  of 
said  building,  making"  the  building  when  enlarged  sixty 
b)  one  hundred  and  fifty  (60x150)  long.  Construction  of  the 
building  to  be  the  same  as  the  one  to  be  moved,  which  is  a 
one  story  building  with  gravel  roof,  said  building  to  be  built 
under  the  directions  and  according  to  the  instructions  of  the 
building  inspector  of  said  city. 

1152.  Sec.  3.  This  ordinance  shall  not  take  effect  or  be 
in  force  until  the  American  Manufacturing  Co.  expressly 
agree  and  bind  themselves  by  bond  under  seal,  with  two  sure- 
ties approved  by  the  city  attorney,  in  consideration  of  the 
passage  of  this  ordinance  to  remove  said  building  at  the  ex- 
piration of  ten  (10)  years  and  to  indemnify  the  said  city  of  St. 
Paul  against  any  losses  or  damages  caused  by  their  occupancy 
to  said  land. 

•  Sec.  4.     This  ordinance  shall  be  in  force  and  effect  from 
and  after  its  publication  and  acceptance  by  said  company. 


395 

SAME. 

Ordinance  No.  1495. 

(Approved  April  25,  1891.) 

1153.  An  Ordinance  granting  the  American  Manufacturing 

Company  privilege  to  erect  a  building  on  the  levee 
cf  the  Sixth  (6)  ward. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain: 

Sec.  1.  Permission  and  authority  is  hereby  given  and 
granted  t'o  the  American  Manufacturing  Company  to  erect  on 
Lots  three  (3),  four  I  h.  and  five  (5)  of  Block  two  (2)  Ra- 
zille  and  Robert's  addition.  City  of  St.  Paul,  the  same  being  a 
portion  of  the  levee  in  the  Sixth  (6)  ward,  the  use  of  said  land 
being  granted  to  the  American  Manufacturing  Co.  by  Ordi- 
nance number  Thirteen  Hundred  and  Fort}'  Two  (1342)  to 
erect  on  said  ground  a  one-story  frame  foundry  building  Fifty 
by  (  )ne  Hundred  and  Ten  (50x110)  with  an  ell  Forty  by  One 
Hundred  I  tOxlOO)  two  (2)  stories  high.  Roof  to-be  of  com- 
position and  walls  to  be  of  wood,  terra  cotta  and  brick. 
Foundations  to  be  of  timber,  piles  and  posts.  Said  building 
to  be  built  under  the  direction  and  according  to  the  instruc- 
tion- of  tlie  building  inspector  of  said  city.  And  also  to  re- 
move the  one  Ml  story  frame  building  now  Standing  on 
Water  street  to  and  upon  the  above  described  premises. 

Sec.  2.  This  ordinance  shall  be  in  force  and  effeel  from 
and  after  its  publication. 

SAME. 

Ordinance  No.  1547. 

i  Approved  I  let.  22,  1891.  i 

1154.  An  Ordinance  granting  the  American  Manufacturing 

Company  privilege  to  grade  a  portion  of  the  levee 
in  the  Sixth  (6)  ward  and  erect  a  building  on  the 
same. 

The  Common   Council  of  the   City  of  St.    Paul  do  ordain    i 

follows : 

Sec.  1.  That  permission  and  authorit)  is  hereby  given 
and   granted    to   the    American    Manufacturing    Com  pa  113    to 


grade  and  occupy  until  July  I.  1916,  for  manufacturing  pur- 
-  that  portion  of  the  levee  in  the  Sixth  Hi)  ward  of  said 
city,  as  f<  '11'  >\\  s:  All  of  1  ."t-  •  .iic  ill,  two  (2),  three  i  3  I,  Four 
I  h  and  five  (5),  Block  two  (2)  Bazille  and  Robert's  addition 
not  included  within  the  strip  fifty  (50)  feet  wide  lying  north 
and  running  parallel  with  the  south  boundary  line  of  the  levee. 

1155.  Sec.  2.  That  permission  and  authority  is  hereby 
given  and  granted  to  the  American  Manufacturing  Company 
to  move  their  foundry  building  now  located  on  the  southerly 
part  of  Lot  three  ('■'<).  block  two  (2),  Bazille  and  Robert's  .ad- 
dition, in  a  northerly  direction,  and  to  be  located  on  the  piece 
of  land  described  in  section  one  I  1  I  :  also  that  said  American 
Manufacturing  Company  be  allowed  to  increase  the  size  of 
said  building  making  the  building  when  enlarged  Sixty  by 
One  hundred  and  fifty  (60x150)  feet  long.  Construction  of 
the  building  to  be  of  brick  with  stone  foundation  and  gravel 
roof;  said  building  to  be  built  under  the  directions  and  accord- 
ing to  the  instructions  of  the  building  inspector  of  said  city. 

1156.  Sec.  •'!.  This  ordinance  shall  not  take  effect  or  be  in 
force  until  the  American  Manufacturing  Company  expre>sly 
agrees  and  bind  themselves  to  bond  under  seal,  with  two  sure- 
ties approved  by  the  city  attorney,  in  consideration  of  the 
passage  of  this  ordinance,  to  remove  said  building  on  or  be- 
fore July  1.  1916.  and  to  indemnify  the  said  City  of  St.*  Paul 
against  any  losses  or  damages  caused  by  their  occupancy  of 
said  land. 

Sec.  4.     This  ordinance  shall  be  in  force  and  effect  from 
and  after  its  publication  and  acceptance  by  said  company. 


391 

ANCHOR  SILVER  PLATE  COMPANY. 

Ordinance  No.  2406. 

i  Approved  Nov.  ', .  1903. 1 

1157.  An  Ordinance  consenting  to  the  transfer  and  assign- 

ment to  Anchor  Silver  Plate  Company  of  the  rights 
and  privileges  granted  to  Benjamin  E.  Harmon  and 
J.  Spencer  Kimball,  doing  business  as  the  Minne- 
sota Canning  Company,  by  ordinance  No.  2084,  ap- 
proved December  6,  1899,  as  supplemented  and 
amended  by  ordinance  No.  2173,  approved  Febru- 
ary 23,  1901,  and  by  them  assigned  to  the  Minne- 
sota Canning  Company,  a  corporation,  pursuant  to 
ordinance  No.  2223,  approved  November  11,  1901 ; 
also  granting  unto  said  Anchor  Silver  Plate  Com- 
pany further  rights  and  privileges  in  relation  to  the 
real  property  affected  by  the  foregoing  ordinances. 

The  Common  Courrcil  of  the   Cit)    of  St.    Paul  do  ordain  as 
f(  >llows: 

1158.  Sec.  1.  Whereas,  by  ordinance  No.  2084  approved 
December  6,  1899,  as  supplemented  and  amended  by  ordin- 
ance No.  2173,  approved  February  23,  1901,  the  common  coun- 
cil did  grant  unto  Benjamin  E.  Harmon  and  J.  Spencer  Kim- 
ball, doing  business  as  the  Minnesota  Canning  Company,  per- 
mission and  authorit)  to  use  and  occupy  for  certain  purposes 
for  a  period  of  twenty  five  (25)  years  from  the  passage  of  said 
ordinance  all  thai  portion  of  the  levee  in  the  Sixth  (6)  ward  in 
the  City  of  St.  Paul,  Minnesota,  described  as  follows:  The 
wesl  i  me  half  i  >f  li  >1  three  I  '■''  I  and  all  of  li  >1  ^  \<  »ur  (4),  five  i  5  i 
and  six  (6),  in  block  one  hundred  and  eighty-three  (183)  "I" 
Robertson's  addition  to  West  St.  Paul,  subjecl  to  the  pro 
visi( >n-  >  if  said  i  irdinance  : 

And  whereas  by  ordinance  No.  2223  approved  November 
mli  (11),  Nineteen  I  [undred  and  <  ine  I  1901  I,  permission 

and  authority  wa  d  by  the  Common  Council  to  the  said 

amin    K.    Harmon  and  J.   Spencer   Kimball   <  n  all 

their  rights,  title  and  interesl  in  and  to  the  rights,  and  privil 
'  granl  d  under  them,  as  1  ed,  unto  the  Min- 


398 

Canning  Company,  a  corporation,  and  they  have  here- 
re  s< '  assigned  the  same. 
And  whereas,  said  Minnesota  Canning  Company  desires 

and  in  so  Far  as  it  can  legally  do  so,  has  agreed  to  assign  and 
transfer  all  of  its  rights,  title  and  interest  as  such  assignee 
under  the  foregoing  ordinances  to  the  Anchor  Silver  Plate 
Company,  a  Minnesota  corporation  organized  to  manufacture 
silver,  gold  and  other  plated  ware  and  goods  of  every  kind 
and  description  and  such  other  articles  as  can  be  conveniently 
manufactured  in  connection  therewith,  and  has  consented  to 
the  passage  of  this  ordinance. 

Permission  and  authority  is  hereby  granted  to  said  Min- 
nesota Canning  Company  to  assign  and  transfer  to  said  cor- 
poration. Anchor  Silver  Plate  Company,  all  of  the  rights  and 
privileges  granted  to  and  acquired  by  Benjamin  E.  Harmon 
and  J.  Spencer  Kimball  under  the  aforesaid  ordinances  No. 
2084  and  Xo.  51):!  and  now  vested  in  Minnesota  Canning 
Company,  and  the  Common  Council  does  hereby  consent  to 
such  transfer  and  assignment  of  said  rights  and  privileges  and 
does  hereby  give  and  grant  unto  said  Anchor  Silver  Plate 
Company,  its  successors  and  assigns,  the  right  to  use  and  oc- 
cupy for  the  full  period  of  twenty  five  (25)  years  from  the 
date  of  the  passage  of  said  ordinance  No.  2084  for  the  manu- 
facturing purposes  which  said  corporation  was  authorized  to 
engage  in  as  herebefore  set  forth,  that  portion  of  the  levee  in 
the  Sixth  (6)  ward  in  the  City  of  St.  Paul.  Minnesota,  de- 
scribed as  follows:  the  west  one  half  (y2)  of  lot  three  (3), 
and  all  of  lots  four  id),  five  (5),  and  six  (6)  in  block  one  hun- 
dred and  eighty-three  (183)  of  Robertson's  addition  to  "West 
St.  Paul,  free  from  any  and  all  of  the  restrictions,  conditions 
and  limitations  contained  in  said  ordinances  Nos.  20Sd  and 
2173,  all  of  which  restrictions,  conditions  and  limitations  are 
hereby  annulled,  except  that  this  grant  is  made  by  and  on  be- 
half of  the  City  of  St.  Paul  upon  the  f611owing  terms  and  con- 
ditions, to-wit : 

First — Said  Anchor  Silver  Plate  Company,  its  successors 
and  assigns,  shall  pay  to  the  city  of  St.  Paul  as  compensation 
and  rental  for  the  privileges  and  premises  hereby  granted  the 


399 

sum  of  One   ($1)   dollar  per  annum   for  and  during  the  time 
hereinbefore  specified  payable  annually  in  advance. 

Second — Said  company,  its  successors  and  assigns,  shall 
and  will  forever  indemnify  and  save  harmless  the  City  of  St. 

Paul  against  any  and  all  damages,  judgments,  claims,  costs 
and  expenses  of  the  same,  which  said  city  may  suffer,  or  that 
may  be  recovered  or  obtained  from  or  against  said  city  for  or 
by  reason  of  the  granting  of  such  privileges,  or  by  reason  of 
or  growing  out  of  or  resulting  from  the  passage  of  this  ordi- 
nance or  any  matter  or  thing  connected  therewith  or  with 
the  exercise  of  said  grantee  of  the  privileges  hereby  granted. 
Third — All  buildings  heretofore  placed  or  which  may 
hereafter  be  placed  on  said  land  herein  and  hereby  demised, 
leased  and  let  shall  be  regarded  as  and  construed  to  be  per- 
sonalty for  all  the  purposes  of  taxation  and  said  Anchor  Silver 
Plate  Company  for  itself,  its  successors  and  assigns  hereby 
agrees  to  pav  all  taxes  which  may  be  lawfully  levied  or  as- 
sessed  on  said  buildings,  and  in  case  Mich  taxes  are  not  paid 
prior  to  the  date  fixed  for  the  sale  of  such  personalty  for  said 
taxes,  all  rights  under  this  ordinance  may  he  forfeited  by  the 
city  of  St.  I 'aid  as  hereinafter  provided.  Before  the  expira- 
tion of  the  term  of  the  lease  herein  granted  all  buildings  shall 
be  removed  from  the  above  described  premises  by  said  Anchor 
Silver  I  Mate  Company,  il>  successors  or  assigns,  and  in  case 
of  failure  to  remove  any  building  or  buildings  within  said  time 
the  same  or  such  part  thereof  as  may  thereafter  remain  du 
said  premises  -hall  become  the  property  ol  the  City  oi  St. 
I'anl. 

1159.  Sic  2.  This  ordinance  shall  nol  he  construed  or 
considered  as  in  manner  guaranteeing  or  warranting  an)  il 
the  rights  and  privileges  herein  or  hereby  granted,  or  the 
title  of  any  of  the  lands  herein  described  and  hereb)  demised, 
leased  and  let. 

1160.  See.  :;.     If  said    Anchor  Silver    Plate    Company,  its 
successors  or  assigns  shall  fail  \<>  comply  with  anj  ■>!  the  pro 
vision-,  of  this  ordinance  Hi'  n   -aid  cit)   lias  the  righl  and  op 
lion,  upon  giving  thiru   (30)  days  written  not'ee  t"  said  gran 
tei    of  it-  intention  so    t"    do.    to    terminate  and   forfeil   this 


:    provided,    that    ill    case    this    lease    is    forfeited    by    said 
or  otherwise  For  art)   reason,  then  said  grantee  shall  have 
the  right  during  the  >i\   (6)   months  next  following  such  for- 
feiture to  remove  its  machinery,  property  and  improvements 

from  said  premise-. 

1161.  See.  1.  Said  Anchor  Silver  Plate  Company  shall  not 
later  than  -ninety  (90)  days  after  the  passage  of  this  ordinance 
begin  the  prosecution  of  its  said  manufacturing  business  here- 
before  described  upon  said  premises  and  during  the  continu- 
ance of  this  lease  and  all  of  the  privileges  and  rights  herein 
and  hereby  granted  shall  continue  to  prosecute  the  same  em- 
ploying an  average  of  fifty  (50)  operators  monthly  in  such 
husiness  during  the  first  (  1  )  year  of  this  lease  and  seventy- 
five  (75)  during  each  year  thereafter.  And  said  Anchor  Sil- 
ver Plate  Company,  its  successors  and  assigns,  shall,  during 
the  continuance  of  this  lease,  continuously  prosecute  its  said 
manufacturing  business,  and  if.  during  the  term  of  its  lease, 
said  company,  its  successors  or  assigns,  shall  fail  for  any  suc- 
cessive thirty  (30)  days  to  conduct  said  manufacturing  busi- 
-  as  aforesaid,  then  said  city  has  the  right  and  option,  by 
resolution  upon  thirty  (30)  days  written  notice  to  said  grantee 
of  its  intention  so  to  do,  to  cancel  and  terminate  said  lease 
unless  the  said  Anchor  Silver  Plate  Company,  its  successors 
and  assigns  shall  before  the  expiration  of  such  thirty  (30) 
days  notice  resume  its  manufacturing  operations,  provided, 
that  failure  to  prosecute  said  business  as  aforesaid,  caused  by 
a  flood  or  damage  by  fire  or  the  elements,  or  strikes,  shall  not 
be  taken  as  a  part  of  said  thirty  (30)  days. 

1162.  Sec.  5.  Said  Anchor  Silver  Plate  Company,  its  suc- 
cessors and  assigns,  shall  have  and  are  herebv  granted  the 
right  and  privilege  to  enlarge,  alter  or  change  in  such  manner 
as  may  be  found  necessary  or  desirable,  the  present  buildings, 
now  located  upon  said  leased  premises  and  may  from  time  to 
time  erect  thereon  such  further  and  other  buildings  suitable 
to  the  business  to  be  carried  on  by  said  company  as  the  con- 
duct of  their  business  shall  hereafter  require  ;  provided,  how- 
ever, that  all  changes  and  modifications  of  the  present  build- 
ings and  any  and  all  new  buildine-s  or  erections  shall  be  built 


401 

upon  plans  approved  by  the  Building  Enspector  of  the  Citv  of 
St.  Paul  after  obtaining  the  proper  permit  therefor. 

1163.  Sec.  6.  Said  Anchor  Silver  Plate  Company  shall 
file  with  the  city  clerk  within  thirty  (30)  days  after  the  publi- 
cation of  this  ordinance  a  written  acceptance  of  the  provision^ 
thereof  in  a  form  to  be  approved  by  the  corporation  attorney 
of  the  City  of  St.  Paul. 

1164.  Sec.  "i .  All  ordinances  and  parts  of  ordinance.-,  here- 
tofore passed  inconsistent  with  this  ordinance  are  herein-  re- 
pealed. 

Sec.  s.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  publication  and  acceptance  as  pro- 
vided for  in  section  six  of  this  ordinance. 

(See   also  ordinance   X.o.   2084,    approved   December   <i.    L899 ; 
I  Ordinance  Xo.  2173  approved  February  2:3,  1001  ;  ordin- 
ance Xo.  2223,  approved  November  11.  19Q1.) 

SAME  (MINNESOTA  CANNING  CO.). 

Ordinance  No.  2084. 

(Approved  December  6,  1899.) 

1165.  An   Ordinance  granting  unto  Benjamin   E.   Harmon 

and  J.  Spencer  Kimball  doing  business  as  the  Min- 
nesota Canning  Company,  permission  to  use  a  por- 
tion of  the  levee  in  Sixth  ward  of  the  City  of  St. 
Paul. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
f<  illows : 

I.  Thai  permission  and  authority  be  and  the  same 
tj  hereby  given,  upon  the  conditions  hereinafter  named,  unto 
Benjamin  E.  Harmon  and  J.  Spencer  Kimball,  doing  business 
as  the  Minnesota  Canning  Company,  to  use  and  occupj  for 
the  full  period  of  twent)  five  (25)  years  from  the  date  of  the 
if  this  6rdinance,  for  the  canning  of  berries  and  \ 

tables,  all   thai    portion   of   the   levee   in    the    Sixth    ward   of  the 

Cit)   of  St.   Paul  described  as  follows:     The  wcsl  one  half  of 

;    thr.-e    (  :;  i    ainl   all   of  the    lots    four    M).   li\ . 
and    six    I'll,   in   block    "tie   hundred    and   eierhtv-lhl  l)    of 


III-.' 

Robertson's  Addition  to  Saint  Paul,  according  to  the  plat 
thereof  on  file  and  of  record  in  the  office  of  the  Register  of 
Deeds  in  and  for  the  County  of  Ramsey  and  State  of  Minne- 
sota. 

This  grant  of  permission  is  made  by  and  on  behalf  of  the 
City  of  St.  Paul  upon  the  express  terms  and  conditions  here- 
inafter set  forth,  to-wit : 

First— Said  grantees  above  named  shall  pay  to  the  City  of 
St.  Paul  as  compensation  and  rental  for  the  privileges  and 
premises  hereby  granted,  demised,  leased  and  let,  the  sum  of 
(  me  Dollar  (SI)  per  annum,  payable  annually  in  advance,  for 
and  during  the  time  herein  specified. 

Second — The  said  grantees  shall  erect  upon  the  property 
above  described  and  hereby  and  herein  demised,  leased  and 
let.  two  buildings  sixty  (60}  feet  in  width  and  one  hundred 
and  twenty  (120)  feet  in  length,  suitable  to  the  business  to  be 
conducted,  and  such  other  buildings  as  the  conduct  of  their 
business  shall  hereafter  recpiire,  upon  the  lots  hereby  leased, 
in  the  conduct  of  their  business. 

All  of  said  buildings  shall  be  built  of  wood  and  shall  be 
l.nilt  under  and  upon  plans  approved  by  the  Building  Inspec- 
tor of  the  City  of  St.  Paul,  after  obtaining  a  proper  permit 
therefor.     Said  buildings  shall  be. used  for  the   canning  pur- 

-  above  set  forth  and  in  connection  therewith.  Provided. 
however,  that  the  chimneys  and  smokestacks,  if  any  there  be. 
to  be  itsed  in  said  buildings  shall  extend  at  least  fifty  (50) 
feet  above  the  grade  of  the  streets  adjacent  thereto,  and  pro- 
vided that  the  Common  Council  of  the  City  of  St.  Paul  may. 
by  special  resolution,  permit  the  erection  by  said  grantees  of 
buildings  of  a  different  character  and  material  than  those 
above  set  forth. 

Third — The  grantees  herein  named  shall  complete  said 
buildings  and  have  their  said  business  in  full  operation  within 
eight  (8)  months  from  the  passage  of  this  ordinance,  and 
within  ninety  (90)  days  after  the  expiration  of  the  term  of -the 
lease  herein  granted  said  building  or  buildings  shall  be  re- 
moved from  said  above-described  premises  by  said  grantees  ; 
and  in  case  of  failure  to  remove  said  building  or  buildings 
within  the  time  above  specified,  those  buildings,  or  such  part 


in:; 

thereof  as  may  thereafter  remain  on  said  premises,  shall  be- 
come the  property  of  the  City  of  St.  Paul. 

Fourth — The  said  grantees  shall  and  will  forever  indem- 
nify and  save  harmless  the  City  of  St.  Paul  against  any  and 
all  damages,  judgments,  claims,  eo*ts  and  expenses  of  the 
same  which  said  city  may  suffer,  or  which  may  he  recovered 
or  obtained  from  or  against  said  city  from  or  by  reason  of  or 
growing  out  of  nr  resulting  from  the  passage  of  this  ordinance 
or  the  performance  or  transaction  of  any  matter  or  thing  con- 
nected therewith  by  said  grantees  of  the  privileges  herein  and 
hereby  granted. 

1166.  Sec.  "i.  This  ordinance  shall  not  be  construed  or 
eonsidefed  as  in  any  maimer  guaranteeing  or  warranting  any 
of  the  rights  and  privileges  herein  and  hereby  granted,  rior 
the  title  of  any  .if  the  lands  herein  described  and  herein  and 
hereby  demised,  leased  and  let. 

1167.  Sec.  '■'>.  All  buildings  and  improvements  necessary 
to  be  done  on  the  land  above  described  shall  be  let  to  St.  I 'aid 
contractors,  or  he  performed  by  persons  and  laborers  residing 
in  the  City  of  St.  Paul,  and  all  of  the  stone  which  may  he  used 
in  tin-  construction  of  any  of  the  said  buildings  to  he  con- 
structed on  said  premises  which  the  grantees  herein  have  not 
already  provided  for  shall  he  of  St.  Paul  manufacture  and 
shall  be  quarried  within  the  city  limits  of  the  City  of  Si.  Paul. 

1168.  Sec.    1.      If  the  -aid  grantees  shall  fail  in  an)   resped 
omply  with  any  of  the  provisions  of  this  ordinance  in  any 

particular,  then  all  the  rights  ami  privileges  herein  and  hereb) 
granted  shall  terminate  and  shall  he  and  become  immedia 
forfeited  to  the  Cit)   of  St.   Paul,  and  said  grant  or  lease  -hall 
he  thereby  terminated  and  forfeited  in  all  things  whatsoever. 

1169.  5.      All   buildings  placed   on    the   -aid   land   herein 

and  hereb)   demised,  leasi  d  ami  let   shall  he  regarded  a-  and 
trued  to  be  pefsonaltj  for  all  the  purposes  of  taxation,  and 
the   grantees   herein   and    hereb)    agree   to   pay   all   the    t; 
which  may  he  levied  or  assessed  on    aid  buildings,  and  in  case 

-aid     grantees    shall     allow      -aid    taxes   to   remain    unpaid    until 

tin-  date  of  tax  -ale  thereof,  then  all  the  righl     and  privili 
m  and  hereby    -hall  immediately    reverl   and  beconn 


Ml 

feited  to  the  City  of  St.  Paul,  and  this  grant  or  lease  shall 
thereupon  be  and  become  terminated  and  forfeited  in  all 
things   whatsoever. 

1170.  Sec.  6.  The  said  grantees  herein  named  shall,  not  later 
than  eight  (8)  months  after  the  passage  of  this  ordinance,  be- 
gin the  prosecution  of  the  canning  business  hereinbefore  de- 
scribed upon  the  said  premises,  and  during  the  continuance  of 
this  lease,  and  all  of  the  privileges  and  rights  herein  and  here- 
in granted,  shall  continuously  prosecute  the  same,  employ- 
ing during  the  continuance  thereof  an  average  of  seventy-five 

operatives  monthly  at  the  factory  to  be  erected  as  afore- 
said ;  that  is  to  say,  they  shall  be  and  they  are  hereby  required 
to  operate  or  run  the  factory  hereunder  to  be  constructed  such 
a  length  of  time  in  each  and  every  year  as  shall  constitute  a 
canning  season  of  reasonable  duration,  according  to  the  cus- 
toms and  usages  of  the  canning  business,  and  if  at  any  time 
(hiring  the  term  of  this  lease  the  grantees  herein  shall  fail  for 
any  successive  thirty  (30)  days  to  conduct  the  said  business 
as  aforesaid,  then  the  City  of  St.  Paul  shall  have  the  right  and 
option,  by  resolution  of  its  Common  Council,  upon  thirty  (30) 
days'  written  notice  to  the  said  grantees  of  its  intention  so  to 
do.  to  cancel  and  terminate  this  lease  and  forfeit  the  rights  and 
privileges  herein  and  hereby  granted  and  conferred.  Pro- 
vided, however,  that  if  said  failure  to  so  prosecute  the  said 
business  as  aforesaid  shall  be  shown  to  the  satisfaction  of  the 
Common  Council  of  the  City  of  St.  Paul  to  have  been  caused 
or  occasioned  by  flood  or  by  damage  from  fire  or  the  ele- 
ments, or  by  strikes,  .or  by  the  failure  of  crops,  then  the  period 
he  continuance  of  such  default,  if  it  be  for  a  reasonable 
time  only,  shall  not  be  taken  as  a  part  of  said  thirty  (30)  days. 

1171.  Sec.  ', .  That  if  the  said  grantees  shall  fail  to  comply 
with  any  of  the  provisions  of  this  ordinance,  then  the  City  of 
St.  Paid  herein  and  hereby  has  .the  right  and  the  option  and 
the  privilege,  on  giving  thirty  (30)  days'  notice  in  writing  to 
the  said  grantees  of  its  intention  so  to  do.  by  resolution  of  its 
Common  Council,  to  terminate  and  forfeit  this  lease  and  the 
rights  and  privileges  herein  granted  and  conferred.  Pro- 
vided, however,  that  in  case  anv  forfeiture  or  termination  oc- 


in:, 

curs  the  grantees  herein  shall  have  the  right  during  the  six 
months  next  following  such  forfeiture  to  remove  their  ma- 
chinery, improvements  or  other  property  from  the  premises. 

1172.  Sec.  8.  All  rights  herein  ami  herein-  granted  shall  he 
at  all  times  subject  to  all  ordinances  of  the  City  of  Si.  Paul 
now  in  force,  or  any  which  may  hereafter  take  effect,  ami  no 
rights  granted  or  required  under  the  terms  of  this  ordinance 
shall  he  transferred  except  with  the  consent  of  the  Common 
Council  first  hereto  obtained. 

1173.  Sec.  !i.  The  grantees  herein  shall  hie  with  the  City 
Clerk  of  this  city  within  thirty  (30)  days  after  the  pub- 
lication of  this  ordinance  their  written  acceptance  of  the  pro- 
vision thereof  in  the  form  to  he  approved  by  the  Corporation 
Attorney  of  the  City  of  St.  Patd. 

Sec.   10.      This  ordinance  shall  take  effect   and  he  in   force 
From  and  after  its  puhlication  and  acceptance. 

SAME  (HARMON  &  KIMBALL.) 

Ordinance  No.  2173. 

i  Approved  February  23,  1901. ) 

1174.  An  Ordinance  supplementary  to,  and  amendatory  of, 

Ordinance  No.  2084,  entitled  "An  ordinance  grant- 
ing unto  Benjamin  D.  Harmon  and  J.  Spencer  Kim- 
ball, doing  business  as  the  Minnesota  Canning 
Company,  permission  to  use  a  portion  of  the  levee 
in  the  Sixth  Ward  of  the  City  of  St.  Paul."  Ap- 
proved December  6,  1899. 

The  Common   Council  of  the  City  of  St.   Paul  do  ordain  as 
follows : 
Sec.   l.     That  paragraph  third  of  Section   I  of  Ordinance 

No.  '.'us  i,  entitled  "An  ordinance  granting  unto  Benjamin   K. 

Harmon  and  J.  Spencer  Kimball,  doing  business  as  the  Min 

nesota  Canning  Company,  permission  to  use  a  portion  oi  the 

levee  in  the  Sixth  ward  of  the  Cit)   of  St.   Paul,"  be  and  the 

same  is  hereb)  amended  to  read  as  follows: 

Third— The   grantees   herein   named   shall   complete   said 

buildings  and  have  their  said  business  in  full  operation  on  or 


LOG 

before  the  31st  da\  of  December,  L901,  and  within  ninety  days 
after  the  expiration  of  the  term  of  the  lease  herein  granted 
said  building  or  buHdings  shall  be  removed  from  said  above 
described  premises  b)  said  grantees;  and  in  case  of  failure  to 
remove  said  buildings  within  said  ninety  days  after  the  ex- 
piration of  said  term  of  said  lease,  said  buildings  or  such  part 
thereof  as  may  thereafter  remain  on  said  premises  shall  be- 
come the  property  of  the  City  of  St.  Paid. 

SAME  (HARMON  &  KIMBALL.) 

Ordinance  No.  2223. 

(Approved  November  11,  1901.) 

1175.  An  Ordinance  authorizing  Benjamin  E.  Harmon  and 
J.  Spencer  Kimball  to  assign  all  the  rights  and  priv- 
ileges conferred  upon  them  by  Ordinance  No.  2084, 
approved  December  6,  1899,  to  the  Minnesota  Can- 
ning Company,  a  corporation. 
'idle  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  There  is  hereby  granted  unto  Benjamin  E.  Har- 
mon and  J.  Spencer  Kimball  authority  to  assign  all  their  right, 
title  and  interest  in  and  to  the  rights  and  privileges  granted 
unto  them  by  Ordinance  No.  2081,  approved    December  6,  A. 

D.  1899.   entitled:     "An   Ordinance   granting  unto   Benjamin 

E.  Harmon  and  J.  Spencer  Kimball,  doing  business  as  the 
Minnesota  Canning  Company,  permission  to  use  a  portion  of 
the  levee  in  the  Sixth  ward  of  the  City  of  St.  Paul,"  unto  the 
Minnesota  Canning  Company,  a  corporation. 

See.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 


407 

SAME  (MINNESOTA  CANNING  COMPANY.) 

Ordinance  No.  2249. 

(Approved  January  17,  1902.) 

1176.  An  Ordinance  extending  the  time  within  which  the 

Minnesota  Canning  Company  shall  be  required  to 
complete  the  erection  of  its  building. 

Whereas.  The  Common  Council  of  the  City  of  St.  Paul 
did,  in  and  by  the  terms  of  (  >rdinance  No.  2084,  approved  De- 
cember 6,  L899,  grant  unto  the  Minnesota  Canning  Company  a 
lease  to  the  west  one-half  of  lot  numbered  three  (3),  and  all 
of  the  lots  four  (4),  five  (5)  and  six  (6),  in  block  one  hundred 
and  eighty-three  (183),  of  Robertson's  Addition  to  St.  Paid; 
and 

Whereas.  Said  Minnesota  Canning^  Company  has  con- 
tracted for  the  erection  of  a  building  upon  said  lots,  in  ac- 
cordance with  said  ordinance,  and  is  unable  to  complete  the 
same  within  the  time  designated  by  this  Common  Council ; 
Now,  therefore,  the  Common  Council  of  the  City  of  St.   Paid 

do  ordain  as  follows* 

1177.  Sec.  1.  That  the  Minnesota  Canning  Company  be, 
and  it  is  hereby,  granted  an  extension  of  time  to  the  first  day 
of  September,  A.  1).  l.'.M)^,  within  which  to  fully  complete  and 
equip  said  building  upon  said  lots,  in  accordance  with  the 
terms  of  the  lease  heretofore  granted  by  this  Common  Coun- 
cil. 

See.  2.  This  ordinance  shall  take  effeel  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 


HIS 

ARMOUR  AND  COMPANY. 

Ordinance  No.  2412. 
i  Approved  December  I.  1903.  i 

1178.  An  Ordinance  granting  to  Armour  and  Co.  the  right 

to  lay  a  steam  pipe  under  Pine  street  between  East 
Fifth    (5)    street  and  East  Sixth   (6)   street,   in  the 
City  of  St.  Paul. 
The  Common   Council  of  the  City  of  St.  Paul  do  ordain  as 
follows  : 

S<.e.  1.  Privilege  is  hereb)  granted  to  Armour  and  Co., 
a  corporation,  organized  and  existing  under  and  by  virtue  of 
the  laws  of  the  State  of  New  Jersey,  the  right  to  lay  and  for 
a  period  of  twenty-five  (25)  years  after  the  passage  and  ac- 
ceptance of  this  ordinance,  to  maintain  a  vitrified  stone  pipe 
not  exceeding  eight  <  *  i  inches  in  diameter,  at  such  point  and 
in  such  manner  as  shall  be  prescribed  by  the  commissioner  of 
public  works,  extending  from  the  rear  of  the  building  located 
on  lots  seven  (7)  and  eight  (8)  of  block  forty-four  (4-1)  of 
Kittson's  addition  to  St.  Paul,  easf  across  and  under  Pine 
street  to  the  rear  of  the  building  located  on  a  portion  of  lot 
five,  in  block  forty-three  (43)  in  Kittson's  addition  to  St.  Paul, 
and  to  place  in  said  pipe  the  necessary  pipes  for  conducting 
steam  as  may  be  approved  by  the  commissioner  of  public 
works  and  at  such  place  as  he  may  direct,  extending  from 
said  building  on  lots  seven  (7)  and  eight  ($)  in  block  forty- 
four  ( 44)  of  said  Kittson's  addition  to  the  building  located  on 
lot  five  (  5  )  of  block  forty-three  (48  )  of  said  Kittson's  addition. 

1179.  Sec.  2.  The  privilege  hereby  conferred  is  granted 
upon  the  condition  that  the  grantee  herein  shall  assume  all 
liability  that  may  arise  out  of  or  be  caused  by  the  exercise  of 
the  privilege  so  granted,  and  shall  at  all  times  save  the  city 
of  St.  Paul  harmless  from  any  and  all  damages,  costs  and  ex- 
penses  growing  out  of  or  arising  from  the  construction  and 
maintenance  of  said  pipe  and  the  pipes  authorized  to  be  laid 
therein. 

1180.  Sec.  3.  The  privilege  hereby  granted  shall  not  at 
any  time  be  sold,  transferred  or  assigned  to  any  other  person, 


in:  i 

firm  or  corporation,  without  the  consent  of  the  City  of  St. 
Paul,  and  shall  be  held  and  exercised  for  the  purpose  of  sup- 
plying steam  to  the  building  on  lot  five  (5)  block  43,  Kittson's 

addition  to  St.  Paul,  and  shall  not  be  used  or  employed  for  any 
other  purpose  whatsoever. 

1181.  Sec.  4.  The  grantee  herein  shall  not  furnish  heat 
to  said  building  except  under  written  contract  with  the  owner 
or  tenants  thereof  and  such  contracts  shall  provide  for  a  fixed 
and  established  charge;  which  shall  at  no  time  be  less  than  the 
actual  cost  of  supplying  said, heat,  and  said  grantee  shall  keep 
an  accurate  set  of  books  of  account  which  shall  at  all  times 
truthfully  set  forth  and  disclose  both  the  cost  of  supplying 
heat  and  the  amount  charged  or  received  therefor,  and  said 
books  of  account  shall  at  all  times  be  open  to  the  examination 
and  inspection  of  the  city  comptroller  of  the  City  of  St.  Paul. 
Said  grantee  shall  annually  on  or  before  the  first  Monday  in 
February  in  each  and  every  year  file  in  the  office  of  the  city 
comptroller  a  statement  such  as  is  required  by  section  37, 
chapter  IV  (4),  of  the  Charter  of  the  City  of  St.  Paul,  and 
said  grantee  shall  likewise  on  or  before  the  first  Monday  in 
March  of  each  and  every  year  pay  into  the  said  city  treasury 
a  license  fee  in  the  sum  equal  to  five  (5)  per  cent  of  the  gross 
earnings  derived  or  accruing  from  the  exercise  or  enjoyment 
of  the  privilege  hereby  granted;  and- said  grantee  shall  upon 
acceptance  by  it  of  the  privileges  herein  granted,  as  herein- 
after provided,  pay  to  the  City  of  St.  Paul  the  sum  of  One 
Hundred  Dollar.  ($100). 

1182.  See.  5.     The  grantee  herein  shall  execute  and  deliver 

to  the  City  of  St.  Paul  a  good  ami  sufficienl  bond  in  the  Mini  of 
00    in    SUCh    form    ami    with    Mich    sureties    as    shall    be    .i)i 

proved  by  the  corporation  attorney  of  .aid  city,  conditioned 
for  the  faithful  performance  by  Mini  grantee  of  all  the  obliga 
tions   and   conditions   thereby    imposed.     Saiil    bond    shall   be 
uted   ami   delivered   before  any   of  the   privileges   hereb) 
conferred  are  exercised  by  the  grantee  herein. 

1183.  Sec.    <i.      In    the    event    thai    the    grantee    herein    shall 
fail    at    any    time   to   comply    with    the    terms,    provisions,    con 
ditions  or  limitations,  herein  contained,  the  privilege  hereb) 


11(1 

granted  shall  Forthwith  terminate  and  become  Forfeited  to  the 
City  of  St.  Paul,  and  said  City  shall  have  the  right  to  close 
said  pipes  or  pipe  and  to  make  such  public  use  thereof  as  pub- 
lic interests  may  require. 

1184.  Sec.  7.  Within  thirty  (30)  days  after  the  passage, 
approval  and  publication  of  this  ordinance,  the  grantee  herein 
shrill  tile  with  the  city  clerk  its  written  acceptance  thereof,  in 
such  form  as  shall  be  approved  by   the  corporation  attorney, 

and  within  the  same  period  the  said  grantee  shall  file  in  the 
office  ^*i  the  city  comptroller  a  certified  copy  of  snch  accept- 
ance, together  with  a  hond  as  herein  provided  for. 

Sec.  8.  This  ordinance  shall  take  effect  and  he  in  force 
from  and  after  its  passage,  approval,  pnhlication  and  accept- 
ance as  hereinbefore  provided. 

FRANK  P.  BLAIR. 
Ordinance  No.  876. 

(  Approved  January  4.  1888.) 

1185.  An  Ordinance  to  grant  Frank  P.  Blair  the  right  to 

use  certain  alleys  for  the  purpose  of  supplying  elec- 
tric light. 
The  Common   Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  Upon  the  conditions  and  on  the  terms  hereinafter 
stated,  there  is  hereby  granted  to  Frank  P.  Blair  and  his  as- 
signs the  privilege  to  erect  and  maintain  telegraph  poles,  and 
to  string  and  maintain  thereon  wires  on  the  alleys  in  the  dis- 
trict between  Dayton  and  Summit  avenues,  and  between  Far- 
rington  avenue  and  Dale  street,  for  the  purpose  of  conveying 
electric  currents  and  also  to  put  in  an  underground  system  of 
wires  for  the  purpose  of  carrying  electric  currents  in  the  same 
district. 

1186.  Sec.  2.  The  conditions  on  which  the  above  priv- 
ileges are  granted  are  as  follows : 

First — Xo  fuel  but  free-burning  anthracite  coal  shall  ever 
be  used  in  the  plant  or  building  in  which  the  power  is,  or  shall 
be  generated  to  operate  the  system  to  be  established  under 
this  ordinance. 


Ill 

Second — The  poles  >hall  be  erected  and  maintained  under 
the  direction  and  supervision  of  the  city  engineer  at  Mich 
points  a>  he  shall  direct  in  the  alleys  above  named,  and  the 
wires  shall  he  strung,  insulated  and  protected  as  directed  by 
the  superintendent  of  the  fire  alarm  system  of  this  city,  and 
in  case  of  the  use  of  an  .underground  system  the  portion  of  the 
said  street  and  of  the  alleys  to  be  occupied  by  it  shall  first  be 
designated  by  ordinance  of  the  common  council,  and  its  con- 
struction and  use  shall  he  guarded  in  such  manner  as  the 
council  shall  then  provide. 

Third — The  said  poles  and  wires  and  any  portions  thereof 
shall  be  taken  down  and  removed  whenever  so  ordered  by 
resolution  of  the  common  council  by  and  at  the  expense  of 
scid  Frank  1'.  Blair,  his  heirs,  executors;  administrators  or  as- 
signs. 

Fourth — The  said  Frank  I'.  Blair,  his  heirs,  executors, 
administrators  and  assigns,  shall  at  all  times  indemnify  and 
save  harmless  the  City  of  St.  Paul  from  all  indebtedness  and 
liability  that  may  result  from  the  erection  and  maintenance  of 
such  poles  and  wires  and  said  underground  system  and  the 
use  of  said  electric  enrrents. 

Fifth — The  poles  to  he  erected  shall  be  planed  and  paint- 
ed, and  shall  be  of  such  length  as  is  directed  by  the  city  engi- 
neer, and  >hall  be  erected  subject  to  and  shall  be  governed 
by  the  provisions  of  ordinance  number  two  hundred  and 
eighty-two    (282)   of  the  City  of  St.    I'aul. 

Sixth  —  Said   Frank   I'.   Blair,  his  heirs,  executors,  adminis- 
trators ami  assigns,  shall   at   his  own  expense,   whenever  or 
dered  1>\   resolution  ol  the  common  council,  remove  and  place 
underground  the  wires  of  .said  system,  in  such  manner  as  the 
common  council   may  direct,  under  the  direction  and   super 
visii mi  i if  the  city  engineer. 

Seventh     Said  Frank  I'.  Blair  shall,  before  this  ordinance 

shall  take  effect  make,  duly  execute  and  tile  with  the  city 
clerk  an  acceptance  of  this  ordinance  and  an  agreemenl  "ii 
the  part  of  himself,  his  heirs,  executors,  administrators  and 
assigns,  to  fulfill,  comply  with,  ami  perform  all  the  provisions 

and  term-,  of  this  section   which  shall   be  approved   hv   the  COr 

poration  attorne}  :  and   in  case  of  the  failure  at   any  time  of 


said  Blair,  his  heirs,  executors,  administrators  or  assigns,  to 
fulfil]  and  perform  any  of  the  terms  or  provisions  of  this  sec- 
tion, and  the  continuance  of  such  failure  for  thirty  (30)  days. 
then  the  privileges  granted  by  this  ordinance  shall  by  such 
failure  itself  become  and  be  forfeited,  and  all  the  provisions 
o\  this  ordinance  granting  any  such  privileges  shall  thence- 
forth he  utterly  void. 

1187.-  Sec.  '■'>.  In  case  said  Frank  P.  Blair  shall,  on  behalf 
of  himself,  his  heirs,  executors,  administrators  and  assigns, 
hie  the  acceptance  and  agreement  required  in  section  two  (2) 
of  this  ordinance,  and  the  same  shall  he  approved  by  the  city 
attorney  within  thirty  (■'!<»>  days  after  the  official  publication; 
of  this  ordinance,  then  this  ordinance  shall  take  effect  and  he 
in  force;  but  in  any  other  case  it  shall  never  take  effect  or  be 
in  fprce;  and  nothing  in  this  ordinance  shall  ever  be  con- 
strued as  giving  said  Blair  or  any  parties  any  exclusive  privil- 
ege-- whatever. 

SAME. 
Ordinance  No.  1061. 

(Approved  November  12,  1888.) 

1188.  An  Ordinance  to  grant  to  Frank  P.  Blair  the  right  to 
use  certain  alleys  for  the  purpose  of  supplying  elec- 
tric light  and  to  confirm  and  re-establish  same. 

Whereas,  the  common  council  of  the  City  of  St.  Paul,  by 
an  ordinance  approved  Jan.  d,  1888,  and  numbered  eight  hun- 
dred and  seventy-six  (876),  entitled: 

"An  ordinance  to  grant  to  Frank  P.  Blair  the  right  to  use 
certain  alleys  for  the  purpose  of  supplying  electric  light," 
granted  Frank  P.  Blair  certain  rights,  subject  to  conditions 
and  restrictions  in  said  ordinance  named  ;  and 

\\  hereas,  said   Frank   P.   Blair  is  now  supplying  electric 
lights  to  certain  parties  within  the  district  named  in  said  or- 
dinance, but  by  an   oversight  he    has    failed    to  accept   said 
ordinance  in  writing  as  in  said  ordinance  provided; 
Now,  the  common  council  of  the  City  of  St.  Paul  do  ordain 

as  follows  : 


413 

1189.  Sec.  1.  That  said  ordinance  hereinbefore  referred  to 
is  hereby  reaffirmed  and  re-enacted,  and  said  Blair,  on  con-^ 
dition  that  he  fully  complies  with  all  the  conditions  and  re- 
strictions named  in  said  ordinance,  and  on  no  other  con- 
dition, is  hereby  granted  an  extension  of  time  for  thirty  (30) 
days  next  succeeding"  the  passage  of  this  ordinance  to  accept 
the  same  in  writing  in  the  manner  and  form  in  said  ordinance 
provided. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

HENRY  BOCKSTRUCK. 

Ordinance  No.  2067. 
(Approved  Aug.  19,  1899.) 
1180.         An  Ordinance  granting  permission  to  Henry  Bock- 
struck  to  erect  and  maintain  an  iron  post  and  place 
a  clock  thereon  at  the  outer  curbing  in  front  of  his 
store,  number  eleven  (11)  East  Seventh  street. 
The   Common   Council  of  the   City   of    St.    Paul   do   ordain   as 
follows  : 

Sec.  1.  That  permission  is  hereby  given  to  Henry  Bock- 
struck  to  erect  and  maintain,  under  the  supervision  of  the 
City  Engineer,  a  decorated  iron  post  eight  feel  high  at  the 
outer  curbing  in  front  of  his  store,  number  eleven  (11)  Kast 
Seventh  street,  in  said  City,  said  posl  to  be  u>v<\  for  placing 
a  clock  thereon,  the  dial  of  which   is  to  be  thirty  inches  in 

diameter,  and   lighted  by  electricity. 

Sec.   2.      This   ordinance    shall    take   effect    and    he    in    force 

fr< >rn  and  after  it--  passage. 

BOWLBY  &  CO. 

Ordinance  No.  2008. 
i  approved  September  9,  I  39 
1191.         An   Ordinance    authorizing    Bowlby   &   Co.   to   con- 
struct a  tunnel  under  the  surface  of  Robert  street. 
The  Common  Council  of  the  Cit)    of  St.    Paul  do  ordain  as 
follows  : 

l.     That  Bowlby  &  Co.  be  and  are  hereb)  authorized 
to  construd  a  tunnel  under  the  surface  of  Roberl  street,  From 


:.  block  12,  St.  Paul  proper,  to  the  basement  of  the  build- 
ing, on  the  opposite  side  of  the  said  street,  on  lot  1 .  1)1  nek  11,  in 

said  St.  Paul  Proper,  at  a  point  about  5*8  feet  from  Sixth  street, 
across  said  Robert  street,  for  the  purpose  of  laying  steam 
heating  pipes,  subject,  however,  to  all  ordinances  of  said  city, 
now  existing  and  hereafter  lit  be  passed.  All  of  said  work 
shall  be  dmie  under  the  supervision  of  the  City  Engineer, 
and  in  the  manner  by  him  directed,  upon  the  execution  and 
delivery  of  a  bond  to  the  city,  in  the  sum  of  $5,000,  to  indem- 
nify the  said  city,  which  bond  shall  contain  such  conditions  as 
shall  be  approved  by  the  City  Attorney. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

BROOKS  BROS. 
Ordinance  No.  1901. 

i  Approved  Dec.  21st,  1896.) 

1192.  An  Ordinance  granting  permission  to  L.  R.  Brooks, 
D.  F.  Brooks  and  A.  S.  Brooks,  co-partners  as 
Brooks  Bros.,  to  erect  poles  and  string  their  wires 
upon  streets  in  that  part  of  the  City  of  St.  Paul  ly- 
ing west  of  Lexington  avenue  for  the  purpose  of 
furnishing  electric  light  and  power. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows  : 

Sec.  1.  That  L.  R.  Brooks,  D.  F.  Brooks  and  A.  S. 
Brooks,  co-partners  as  Brooks  Bros.,  are  hereby  granted  per- 
mission  to  erect  poles  and  to  string  wires  thereon  for  electric 
lighting  and  the  furnishing  of  power  along  and  upon  public 
streets  and  alleys  in  that  part  of  the  City  west  of  Lexington 
avenue,  St.  Paul.  Minnesota,  upon  the  terms  and  conditions 
therein  stated,  under  the  supervision  of  the  City  Engineer, 
and  upon  and  under  the  following  conditions  and  instructions, 
to- wit": 

Such  poles  shall  be  thirty-five  feet  in  height  above  the 
ground  and  shall  not  be  less  than  fourteen  inches  in  diameter 
at  the  bottom  and  six  inches  at  the  top,  and  shall  be  placed  at 
such  depth  in  the  ground  as  the  City  Engineer  shall  direct  to 


II.") 

secure  their  safety  ;  they  shall  be  planed  and  shall  be  painted 
a  dark  color  for  the  distance  of  six  feet  from  the  ground,  and 
from  that  point  to  the  top  they  shall  be  painted  white  ;  they 
shall  be  set  at  such  distance  apart  from  each  other  and  at  such 
places  in  the  street  as  may  be  designated  by  the  City  Engi- 
neer. 

And  in  case  any  other  corporations,  companies,  person  or 
persons  are  now  or  shall  be  at  any  time  hereafter  permitted 
by  the  Common  Council  of  said  City  to  erect  poles  and  string 
its  wires  for  the  purpose  of*  electric  lighting  and  furnishing 
power  in  said  City,  or  to  have  the  use  of  streets  or  alleys  of 
said  City  for  the  purposes  of  electric  lighting  and  furnishing 
power,  and  such  corporation  or  corporations,  company  or 
companies,  person  or  persons  shall  desire  to  use  the  poles  so 
erected  by  said  Brooks  Bros,  for  the  purpose  of  supporting 
wires  for  such  purpose,  such  corporations,  companies,  person 
or  persons  shall  be  entitled  to  do  so  upon  the  paying  to  said 
P> rooks  liros.  or  to  their  successors,  the  proportionate  share 
of  all  costs  to  procure  and  erect  such  poles,  to  be  determined 
as  follows : 

I  pon  the  erection  of  poles  upon  any  of  said  streets  or 
alleys,  said  Brooks  Bros,  shall  immediately  report  to  the  City 
Engineer  the  actual  cost  of  such  poles,  and  the  erection  there- 
of, and  said  City  Engineer  shall  ascertain  and  determine  the 
actual  cost  of  such  poles  and  the  erection  thereof,  and  certify 
the  amount  which  he  shall  find  to  be  correct  and  keep  a  record 
thereof  in  the  office  for  public  inspection. 

I 'pon  the  first  application  as  aforesaid  to  use  the  poles 
erected,  the  applicanl  shall  pa)  Brooks  Bros,  one-half  of  said 
actual  cosl  of  said  poles  so  determined  by  said  City  Engineer, 
and  in  case  of  a  second  application  the  applicanl  shall  pay 
one  third  of  such  cost,  the  same  to  be  equally  divided  between 
Brooks  Bros,  and  the  first  applicant  and  successive  applicants 
shall  pay  their  proportionate  share  of  said  costs  in  like  man- 
ner, and  the  same  to  be  divided  proportionately  in  like  man- 
ner as  above,  and  all  applicants  so  paying  their  proportionate 
share  of  said  costs  shall  become  and  be  bj  common  consenl 
joinl  owner-  with  Brooks  Bros,  of  said  poles,  and  shall  be  en 
t  itled  t( '  use  them  for  the  pui  pi  >se  i  if  elei  i  ing 


in; 

And  it  i>  conditioned  that  if  any  other  corporation,  com- 
pany or  person  shall  procure,  or  has  procured,  like  permission 

from  said  Common  Council  to  erect  poles  in  said  streets  or 
alleys,  then  the  permission  herein  granted  is  withdrawn  as  to 
such  streets  and  alleys,  and  said  Brooks  Bros,  shall  be  re- 
stricted to  using  such  poles  already  erected,  or  as  may  be 
erected  before  Brooks  Bros,  shall  have  erected  their  poles 
thereon  tinder  like  conditions  as»herein  stated. 

1193.  Sec.  3.  The  said  Brooks  Bros!  shall  at  all  times 
obey  such  farther  and  additional  .requirements  as  the  Common 
Council  of  said  City  shall  impose  in  the  premises,  and  shall 
when  so  required  remove  any  or  all  of  said  poles  or  wires  from 
oft  the  streets  or  alleys  on  which  same  is  erected  at  their  own 
cost  and  expense,  when  so  required  by  said  Common  Council; 
and  also  if  so  required,  place  any  or  all  of  said  wires  under 
ground  and  remove  the  poles  at  their  own  expense.  And  the 
Common  Council  reserves  the  power  at  any  time  to  amend  or 
repeal  this  ordinance,  and  nothing  herein  contained  shall  be 
deemed  to  grant  any  exclusive  right  to  use  the  said  streets  for 
the  purposes  herein  contained. 

1194.  Sec.  3.  The  said  Brooks  Bros,  hereby  assume  all 
liabilities  that  may  be  caused  by  the  erection  of  such  poles  and 
the  stringing  of  wires  thereon,  and  shall  at  all  times  save  the 
City  of  St.  Paul  harmless  therefrom  and  from  all  damages  aris- 
ing out  of  the  use  or  exercise  of  any  privileges  hereby  granted 
as  to  erection  of  poles  and  the  maintenance  of  wires  along  and 
upon  any  of  said  streets  or  alleys,  and  shall  execute  and  de- 
liver to  said  City  a  bond  with  such  conditions  as  shall  be  ap- 
proved by  the  Corporation  Attorney,  in  the  penal  sum  of  Five 
Thousand  Dollars  ($5,000.00),  saving  the  City  harmless  in 
the  premises.  Prior  to  the  taking  effect  of  this  ordinance  said 
bond  to  be  approved  by  the  Corporation  Attorney,  and  the 
violation  of  the  provisions  of  this  ordinance  shall  render  this 
ordinance  null  and  void  at  the  election  of  said  Common 
Council. 

1195.  Sec.  1.  Said  Brooks  Bros,  shall,  within  thirty  days 
after  the  passage  and  approval  of  this  ordinance,  execute  and 
file  with  the  City  Clerk  the  bond  provided  for  in  Section  three 


4i; 

(.3),  and  a  written  acceptance  of  all  provisions  of  this  ordin- 
ance, in  form  to  be  approved  by  the  Corporation  Attorney; 
otherwise  this  ordinance  shall  have  no  force  or  effect. 

1196.  Sec.  5.  All  rights  granted  under  this  ordinance  shall 
cease  and  determine  unless  at  least  one  mile  of  electric  wiring 
for  the  purposes  of  the  franchise  hereinbefore  granted  shall  be 
laid  and  in  operation  on  or  before  December  31,  1897. 

1197.  Sec.  6.  That  Brooks  Bros,  shall  deposit  with  the 
City  Clerk  of  the  City  of  St.  Paul  a  certified  check  on  one  of 
the  banks  of  the  City  of  St.  Paul,  for  the  sum  of  $100.00.  pay- 
able to  the  City  Clerk  of  St.  Paul,  which  shall  be  retained  in 
the  office  of  the  City  Clerk  until  the  :!lst  day  of  December, 
1897,  at  which  time  if  said  Brooks  Bros,  shall  have  complied 
with  all  the  provisions  of  this  ordinance  to  be  performed  prior 
to  December  31,  L897,  and  particularly  the  requirements  in 
Section  five  (5)  hereof,  that  at  least  one  mile  of  said  electric 
wiring  shall  be  laid  and  in  operation  by  or  before  December 
31,  L897,  then  said  check  shall  be  returned  to  said  Brooks 
Bros.,  or  if  said  Company  shall  have  complied  with  all  the 
terms  of  this  ordinance  to  be  performed  prior  to  December  31, 
1897,  and  the  City  Engineer  shall  so  certiiy.  then  said  check- 
shall,  upon  the  said  Engineer  certifying,  as  aforesaid,  be  re- 
turned t< >  said  company. 

In  case  said  company  shall  not  have  complied  with  all  of 
the  term-  i >f  this  ordinance  b i  be  perfi irmed  prior  to  1  )ecember 
31,  1897,  then  and  thereupon  the  City  Clerk  shall  draw  the 
money  called  for  by  said  check  and  turn  the  same  into  the  city 
treasury,  and  the  same  shall  thereupon  become  the  property 
of  the  City. 

Sec.  '. .  This  ordinance  shall  have  effecl  and  be  in  force 
from  and  all'  i  H  passage  and  publication  and  the  filing  oi  the 
bond    and    acceptance    hereinbefore    provided,    and    the    dep 

ing  with  the  City  Clerk  the  certified  check  provided  in  section 

six  (6  i  of  this  ordinal 


MS 

SAME. 

Ordinance  No.  2316. 

i  Approved  ( )ct.  is.  1902.  i 

1198.  An  Ordinance  authorizing  Brooks  Brothers  to  con- 

struct  and  maintain  a  railway    spur    track    across 

Prior  avenue. 
The   Common   Council  of  the   City   of   St.    Paul   do  ordain  as 
follow  s  : 

Sec.  1.  That  authority  and  permission  are  hereby  grant- 
ed to  L.  R.  Brooks  and  D.  F.  Brooks  and  A.  S.  Brooks,  part- 
ners as  Brooks  Brothers,  to  erect  and  maintain  a  railway  spur 
track  across  Prior  avenue  at  about  12o  feet  north  of  the  inter- 
section of  Charles  street  and  Prior  avenue,  and  to  operate 
freight  cars  thereon  for  the  purpose  of  receiving  and  discharg- 
ing lumber. 

1199.  Sec.  2.  The  authority  and  permission  granted  by 
this  ordinance  is  subject  to  revocation  by  the  Common  Coun- 
cil of  the  City  of  St.  Paul  at  any  time. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

BROWN,  DOWLIN  AND  MOLIN. 

Ordinance  No.  2270. 

(Approved . March  21,  1902.) 

1200.  An    Ordinance   granting    permission   to    the   firm   of 

Brown,  Dowlin  &  Molin  to  construct  and  erect  a 
frrme  building  upon  the  easterly  thirty  feet  of  lot 
five  in  block  fourteen,  Rice  and  Irvine's  Addition  to 
the  City  of  St.  Paul. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows: 

Sec.  1.  That  permission  and  authority  be  and  it  is  hereby 
given  to  Brown,  Dowlin  &  Molin.  a  co-partnership,  to  con- 
struct and  erect  upon  the  easterly  thirty  (30)  feet  of  Lot  five 
(5),  Block  fourteen  (14),  Rice  and  Irvine's  Addition  to  the 
City  of  St.  Paul,  a  frame  building  twenty  (20)  by  fortv   (40) 


i  1 9 

feet,  to  be  used  as  an  office  and  carpenter  shop  by  said  firm  ; 
the  building  to  be  constructed  of  wood  and  covered  with  cor- 
rugated iron,  and  the  roof  graveled,  all  under  the  direction 
and  supervision  of  the  Building  Inspector  of  the  City  of  St. 
Paul,  and  the  said  Building-  Inspector  is  hereby  authorized  to 
issue  to  said  firm  a  proper  permit  therefor. 

S.ec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

BUCK  EYE  FOUNDRY. 

Ordinance  No.  2195. 
I  Approved  June  20.  190i.) 

1201.  An  Ordinance  granting  unto  J.  A.  McDaniel  doing 

business  as  the  Buck  Eye  Foundry,  permission  to 
use  a  portion  of  the  levee  in  the  Sixth  Ward  of  the 
City  of  St.  Paul : 
The  Common  Council  of  the  City  of  St.    Paul  do  ordain  as 

follows  : 

Sec.  1.  That  permission  and  authority  is  hereby  granted 
and  given  unto  J.  A.  .McDaniel  to  use  and  occupy  until  July  1, 
L917,  for  manufacturing  purposes  in  the  line  of  his  business, 
to-wit:  Manufacturing  stoves  and  stove  fixtures,  that  por- 
tion of  the  levee  in  the  Sixth  Ward  of  the  City  of  St.  Paul  de- 
scribed as  follows,  to-wit : 

Lot  three  (3),  of  block  one  (  1  )  of  Marshall's  Addition  to 
Wes1  St.  Paul,  now  a  part  of  the  City  of  St.  Paul. 

This  grant  is  made  upon  the  express  condition  that  the 
grantee  herein  named  shall  pay  to  the  City  of  St.  Paul,  as 
compensation  and  rental  fi  r  the  privileges  hereb}  granted,  the 
sum  of  one  (1)  dollar  per  annum  for  and  during  the  time 
herein  specified,  payable  annually  in  advance  and  shall  fully 
comply  with  the  terms  and  conditions  hereinafter  enumerated. 

1202.  2.     That    permission   and   authority     i-.    hereby 
n  and  granted  unto  J   A.  McDaniel,  to  onstruct  and 

maintain  on  said  lots  such  building  or  buildings  as  ma)    be 
Me   and   necessary    For   use   in   his  said   business,   which 
building  or  buildings  shall  be  huih   under  the  direction 


according  to  the  instructions  of  tin-  City  Engineer  of  said  City 
upon  obtaining  a  permit  so  to  do. 

Provided,  however,  that  this  ordinance  shall  not  be  con- 
strued as  guaranteeing  or  warranting  any  of  the  rights  hereby 
granted  ; 

And  provided,  further.  That  before  the  expiration  of  said 
term  said  building  or  buildings  shall  be  removed  from  said 
above  described  premises  by  said  grantee,  and  in  case  of 
failure  to  remove  said  building  or  buildings  within  said  time, 
the  same,  or  such  part  thereof  as  may  thereafter  remain  upon 
said  premises,  shall  become  the  property  of  said  city. 

1203.  Sec.  3.  No  right  acquired  under  this  ordinance  shall 
be  transferred  to  any  other  person,  company  or  corporation 
unless  the  consent  of  the  Common  Council  of  the  City  of  St. 
Paul  evidenced  by  resolution  of  its  Common  Council,  shall  be 
first  obtained,  and  the  rights  granted  hereby  shall  not  be  as- 
signable  by  operation  of  law  or  otherwise,  except  as  hereby 
provided. 

1204.  Sec.  4.  Said  grantee  shall  and  will  forever  indem- 
nify and  save  harmless  the  said  City  of  St.  Paul  against  any 
and  all  damages,  judgments,  claims,  costs  and  expenses  of 
same  which  it  may  suffer  or  may  be  recovered  or  obtained 
from  or  against  said  city  from  or  by  reason  of  or  growing  out 
of,  or  resulting  from  the  passage  of  this  ordinance,  or  any 
matter  or  thing  connected  therewith,  or  with  the  exercise  by 
the  said  grantee  of  the  privileges  hereby  granted. 

1205.  Sec.  5.  The  said  grantee  shall,  not  later  than  three 
(3)  months  after  the  passage  of  this  ordinance,  begin  the 
prosecution  of  said  manufacturing  business  hereinbefore  de- 
scribed on  said  premises,  and  during  the  continuance  of  this 
lease  shall  continuousl)-  prosecute  the  same,  and  employ  dur- 
ing said  period  in  his  business  at  least  ten  persons;  and  if  dur- 
ing the  term  of  this  lease  said  grantee  #shall  fail  for  any  suc- 
cessive thirty  days  to  conduct  said  business  as  aforesaid,  and 
employ  said  number  of  persons,  then  said  city  shall  have  the 
right  and  option  by  resolution  to  cancel  and  terminate  said 
lease  :  provided,  however,  that  failure  to  prosecute  said  bnsi- 


421 

ness  aforesaid,  caused  by  floods  Or  damage  by  fire  or  the  ele- 
ments or  .strikes,  shall  not  be  taken  as  a  part  of  said  thirty 
days. 

1206.  .  Sec.  6.  If  said,  grantee  shall  fail  in  any  respeel  to 
comply  with  the  provisions  of  this  ordinance,  then  all  the 
rights  and  privileges  hereby  granted  shall  be  forfeited  to  the 
Citv  of  St.  Paul,  and  this  ordinance  may  be  revoked  by  the 
passage  of  an  ordinance  by  the  Common  Council  repealing  the 
same  at  any  time  in  case  all  of  the  conditions  of  this  ordinance 
are  not  strictly  complied  with. 

1207.  Sec.  7.  The  said  grantee  shall  file  with  the  City 
Clerk  within  thirty  days  after  the  publication  of  this  ordinance 
his  written  acceptance  of  the  provisions  hereof,  the  same  to  be 
approved  by  the  Corporation  Attorney. 

Sec.  8.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  publication  and  the  acceptance  hereof  as 
provided  in  section  seven  I  i  I  ol  this  ordinance. 

SAME. 

Ordinance  No.  2206. 

(Approved  August  '■>.  1901.) 

1208.  An  Ordinance  consenting  to  the  transfer  and  assign- 

ment unto  Henry  A.  Mazzi  of  an  undivided  one- 
half  interest  in  and  to  the  rights  and  privileges  ac- 
quired by  J.  A.  McDaniel,  doing  business  as  the 
Buckeye  Foundry,  under  Ordinance  Number  2195 
of  the  General  Ordinances  of  the  City  of  St.  Paul, 
entitled  "An  Ordinance  granting  unto  J.  A.  Mc- 
Daniel, doing  business  as  the  Buckeye  Foundry, 
permission  to  use  a  portion  of  the  levee  in  the  Sixth 
ward  of  the  City  of  St.  Paul."  Approved  June  20, 
1901. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
foil'  »ws : 

1.     Whereas,    Bj    Ordinance    Number   2195,   of   the 
General  '  Ordinances  of  the  City  of  Si.  Paul,  entitled  "  \n  I  h 
dinance  granting  unto  J.    V  McDaniel,  doing  business  as  the 


t22 

Buckeye  Foundry,  permission  to  use  a  portion  of  the  levee  in 
the  Sixth  ward,  of  the  Cif)  of  St.  Paul,"  approved  June  30th, 
i:»ui.  the  Common  Council  of  the  City  of  St.  Paul  did  grant 
to  J.  A.  McDaniel,  doing  business  as  the  Buckeye  Foundry, 
permission  and  authority  to  use  and  occupy  for  the  period  of 
fifteen  years  For  the  purpose  of  manufacturing  stoves  and 
stove  fixtures,  that  portion  of  the  levee  in  the  Sixth  ward,  in 
the  City  of  St.  Paul,  described  as  follows,  to-wit: 

Lot  three  (3),  of  block  one  (1),  of  Marshall's  Addition  to 
West  St.  Paul,  according  to  the  plat  thereof  on  file  in  the  of- 
fice of  the  Register  of  Deeds  in  Ramsey  County  in  the  City  of 
St.  Paul  in  the  State  of  Minnesota,  subject  to  the  provisions  of 
said  ordinance  Number  2195;  and 

Whereas,  Said  Ordinance  Number  2195  was  accepted  by 
James  A.  .McDaniel  by  filing  his  written  acceptance  thereof  in 
the  office  of  the  City  Clerk  on  the  26th  day  of  October.  1901 ; 
and 

Whereas,  Said  J.  A.  McDaniel  desires  to  transfer  and  as- 
sign unto  Henry  A.  Mazzi  an  undivided  one-half  interest  in 
and  to  all  the  rights  and  privileges  accjuired  by  him  under 
said  Ordinance  Number  2105  ; 

Permission  and  authority  is  hereby  granted  to  the  said 
J.  A.  McDaniel  to  assign  and  transfer  unto  the  said  Henry  A. 
Mazzi  an  undivided  one-half  interest  in  and  to  all  the  rights 
and  privileges  granted  to  and  acquired  by  said  J.  A.- McDaniel 
by  said  Ordinance  Number  2195;  and  the  Common  Council  of 
the  City  of  St.  Paul  does  hereby  consent  to  such  transfer  and 
assignment,  subject,  however,  to  the  compliance  of  said  Henry 
A.  Mazzi,  from  the  time  this  Ordinance  shall  go  into  effect 
with  the  terms,  conditions  and  privileges  of  said  Ordinance 
Number  2105  to  be  by  said  J.  A.  McDaniel  complied  with  and 
subject  to  all  the  rights  reserved  to  the  City  of  St.  Paul  by  the 
provisions  of  said  Ordinance. 

1209.  Sec.   2.     That   said   Henry   A.    Mazzi   shall   file   with 

the  City  Clerk  of  said  City  within  thirty  days  after  the  pass- 
age and  publication  of  this  Ordinance  his  written  acceptance 
of  the  provisions  thereof  and  an  agreement  to  perform  all  the 
said  terms  thereof,  the  same  to  be  approved  by  the  Corpora- 
tion Attorney. 


[23 

Sec.  3.     This  Ordinance  shall  take  effect  and  be  in  force 

from  and  after  its  passage,  publication  and  acceptance  as  pro- 
vided herein. 

CABOT  &  CUSHING. 

Ordinance  No.  2429. 

(Approved  February  6,  1904.) 

1210.  An  Ordinance  granting  George  E.  Cabot  and  Luther 

S.  Cushing  the  right  to  construct  a  tunnel  under 
Sixth  street,  between  Cedar  street  and  Minnesota 
street,  in  the  City  of  St.  Paul. 

The   Common   Council   of  the   City  of  St.   Paul   do   ordain   as 

follows  : 

Sec.  1.  Privilege  is  hereby  -ranted  to  George  E.  Cabot 
and  Luther  S.  Cushing  the  right  to  construct,  and  for  the 
!  of  twenty-five  (25)  years  after  the  passage  and  ac 
ceptance  of  this  ordinance,  to  maintain  a  tunnel  of  such  size 
and  shape  as  may  be  approved  by  the  Commissioner  of  Public 
Works,  and  at  such  a  place  as  he  may  direct,  extending  from 
lots  seven  (1  I  and  eight  (8)  of  block  live  (5),  St.  Paul  Proper, 
beneath  the  surface  of  said  Sixth  street,  to  lots  our  (  1  i.  two 
(2),  three  (3),  and  four  i  li.  of  11.  L.  Carner's  Subdivision  of 
part  of  block  ten  (  10)  of  St.  Paul  Proper,  and  to  lay  and  main- 
tain in  said  tunnel  the  necessary  pipes  and  wires  for  construct 
ing  heat  and  power. 

1211.  Sec.  2.  The  privilege  hereby  conferred  is  granted 
Upon   the   condition    that    the   -ranter-,   herein    shall    assume   all 

liability  thai  may  arise  oul  of  or  be  caused  by  the  exercise  ol 
the  privilege  so  granted,  and  shall  at  all  times  save  the  City  ol 
St.  Paul  harmless  from  any  and  all  damage-,  costs  and  ex- 
penses growing  oul  of  or  arising  from  the  construction  and 
maintenance  of  said  tunnel  and  the  pipes  and  wires  authorized 
to  be  laid  therein. 

1212.  Sec.  3.  No  excavations  shall  be  made  in  said  Sixth 
street  for  the  purpo  constructing  aid  tunnel,  and  the 
same  shall  be  placed  ai  such  poinl  beneath  the  surface  ol  the 


124 

-troct  as  public  safety  and  convenience  may  require,  and  as 
shall  be  prescribed  by  the  Commissioner  of  Public  Works  of 
the  Cit)  of  St.  Paul. 

1213.  Sec.  1.  The  privilege  hereb)  conferred  shall  not  at 
any  time  be  sold,  transferred  or  assigned  to  any  other  person, 
firm  or  corporation,  without  the  consent  of  the  City  of  St. 
Paul,  and  shall  be*  held  and  exercised  for  the  purpose  of  sup- 
plying heat  and  power  to  the  building  situated  on  lots  one 
I  1  ).  two  (2),  three  (3)  and  four  (4)  of  H.  L.  Carver's  Subdi- 
vision of  part  of  block  ten  (10),  St.  Paul  Proper,  and  shall  not 
be  use  i  or  employed  for  any  other  purpose  whatsoever. 

1214.  Sec.  5.  The  grantees  herein  shall  not  furnish  light 
or  heat  to- the  building  situated  on  lots  one  (1),  two  (2),  three 
i  3  i  and  four  (4)  of  H.  L.  Carver's  Subdivision  of  part  of  block 
ten  (1<»).  St.  Paul  Proper,  except  under  written  contract  with 
the  owner  or  tenant  thereof,  and  such  contract  shall  provide 
for  a  fixed  and  established  charge,  which  shall,  at  no  time,  be 
less  than  the  actual  cost  of  supplying  said  heat  and  light,  and 
said  grantees  shall  keep  an  accurate  set  of  books  of  account, 
which  shall  at  all  time  truthfully  set  forth  and  disclose  both 
the  cost  of  supplying  light  and  heat  and  the  amount  charged 
or  received  therefor,  and  said  books  of  account  shall  at  all 
time  be  open  to  the  examination  and  inspection  of  the  City 
Comptroller  of  the  City  of  St.  Paul.  Said  grantees  shall  an- 
nually on  or  before  the  first  Monday  in  February  of  each  and 
ever_\-  year,  file  in  the  office  of  said  City  Comptroller,  a  state- 
ment such  as  is  required  by  section  27,  chapter  4  of  the  charter 
of  the  Cit}-  of  St.  Paul,  and  said  grantees  shall  likewise  and  on 
or  before  the  first  Monday  in  March  of  each  and  every  year, 
pay  into  the  City  Treasury  a  license  fee  in  a  sum  equal  to 
the  per  cent  "of  the  gross  earnings  derived  or  accruing  from 
the  exercise  and  enjoyment  of  the  privilege  hereby  granted, 
and  at  or  before  the  time  of  accepting  this  ordinance  as  here- 
inafter provided,  and  before  the  same  shall  take  effect  said 
grantees  shall  pay  into  the  City  Treasury,  as  an  additional  li- 
cense fee,  the  further  sum  of  one  hundred  dollars  ($100.00). 

1215.  Sec.  6.  The  grantees  herein  shall  execute  and  de- 
liver to  the  City  of  St.  Paul,  a  good  and  sufficient  bond  in  the 


t25 

sum  of  five  thousand  dollars  ($5,000.00)  in  such  form  and  with 
such  securities  as  shall  be  approved  by  the  Corporation  At- 
torney of  said  city,  conditioned  for  the  faithful  performance 
by  saiil  grantees  of  all  the  obligations  and  conditions  hereby 
imposed.  This  bond  shall  be  executed  and  delivered  before 
any  of  the  privileges  hereby  conferred  arc  exercised  by  the 
grantees  herein. 

1216.  Sec.  7.  In  the  event  that  the  grantees  herein  shall 
fail  at  any  time  to  comply  with  any  of  the  terms,  provisions, 
conditions  or  limitations  herein  contained,  the  privilege  here- 
by granted  shall  forthwith  terminate  and  become  forfeited  to 
the  City  of  St.  Paul,  and  said  city  shall  have  the  right  to  close 
such  tunnel  or  make  such  public  use  thereof  as  the  public  in- 
terests may  require. 

1217.  Sec.  8.  Within  thirty  days  after  the  passage,  ap- 
proval and  publication  of  this  ordinance,  the  grantees  herein 
shall  file  with  the  City  Clerk  their  written  acceptance  thereof, 
in  such  form  as  shall  be  approved  by  the  Corporation  Attor- 
ney, and  within  the  same  period  the  said  grantee  shall  file 
in  the  office  of  the  City  Comptroller  a  certified  copy  of  such 
acceptance,  together  with* the  bond  herein  provided  for. 

FREDERICK  B.  CADY,  ET  AL. 

Ordinance  No.  2182. 
I  approved  April   L9,  1901.) 

1218.  An  Ordinance  permitting  Frederick  B.  Cady,  Schris- 

tina  F.  Hanggi  and  Ernest  Medicke,  and  their 
lessees  to  keep  lumber  for  sale  and  to  pile  and 
stack  lumber  on  Lots  numbered  three  (3)  and  four 
(4),  Block  thirteen  (13)  of  Rice  &  Irvine's  Ad- 
dition to  St.  Paul. 
The  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows  : 

Sec.  i.  Permission  is  hereby  given  and  granted  unto 
Frederick  B.  Cady,  Schristina  F  Hanggi  and  Ernesl  Medicke 
and  their  lessees,  grantees  or  assigns,  to  keep  lumber,  lime 
and  cemenl  for  sale,  and  to  pile  or  --tack'  lumber  upon  the  fol- 


lowing  tract  or  parcel  of  laud,  lying  and  being  in  the  City  of 
St.  Paul,  County  of  Ramsey,  and  State  of  Minnesota,  to-wit: 
Lots  numbered  three  (;>>  and  four  (I),  in  Block  numbered 
thirteen  I  L3)  of  Rice  and  [rvine's  Addition  to  St.  Paul.  Pro- 
vided, however,  that  the  permission  hereby  granted  may  be 
revoked  at  any  time  by  resolution  adopted  by  the  Common 
Council. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

GEORGE  W.  CAHOON. 

Ordinance  No.  2117. 
(Approved  May  11,  1900.  | 

1219.  An    Ordinance    granting   unto     George    W.    Cahoon 

permission    to    use  a    portion  of    the  levee  in  the 
Sixth  ward  of  the  City  of  St.  Paul. 

The  Common   Council  of  the   City  of  St.   Paul  do  ordain  as 

follows. 

Sec.  1.  That  permission  and  authority  is  hereby  granted 
and  given  unto  George  AY.  Cahoon  to  use  and  occupy  until 
July  1,  1916,  for  manufacturing  purposes  in  the  line  of  his 
business,  to-wit:  Manufacturing  sheet  metal  goods,  that  por- 
tion of  the  levee  in  the  Sixth  ward  of  the  City  of  St.  Paul 
described  as  follows,  to-wit: 

Lot  three  (3)  of  block  one  (1)  of  Marshall's  addition  to 
West  St.  Paul,  now  a  part  of  the  City  of  St.  Paul. 

This  grant  is  made  upon  ttie  express  condition  that  the 
grantee  herein  named  shall  pay  to  the  City'  of  St.  Paul,  as 
compensation  and  rental  for  the  privileges  hereby  granted, 
the  sum  of  one  (1)  dollar  per  annum  for  and  during  the  time 
herein  specified,  payable  annually  in  advance. 

1220.  Sec.  2.  That  permission  and  authority  is  hereby 
given  and  granted  unto  said  George  W.  Cahoon  to  erect,  con- 
struct and  maintain  on  said  lots  such  building  or  buildings  as 
may  be  suitable  and  necessary  for  use  in  his  said  business, 
which  building  or  buildings  shall  be  built  under  the  direc- 
tions and  according  to  the  instructions  of  the  Building  In- 
spector of  said  city  upon  obtaining  a  permit  so  to  do. 


Provided,  however,  that  this  ordinance  shall  not  be  con- 
strued as  guaranteeing  or  warranting  any  of  the-  rights  hereby 
granted. 

And  provided  further.  That  before  the  expiration  of  said 
term  said  building  or  buildings  shall  be  removed  from  said 
above  described  premises  by  said  grantee  and  in  case  of  fail- 
ure to  remove  said  building  or  buildings  within  said  time,  the 
same,  or  such  part  thereof  as  may  thereafter  remain  upon 
said  premises  shall  become  the  property  of  said  city. 

1221.  Sec.  3.  No  right  acquired  under  this  ordinance 
shall  be  transferred  to  any  other  person,  company  or  corpora- 
tion unless  the  consent  of  the  Common  Council  of  the  City  of 
St.  Paul,  evidenced  by  resolution  of  its  Common  Council, 
shall  be  first  obtained,  and  the  rights  granted  hereby  shall 
not  be  assignable  by  operation  of  law  or  otherwise,  except 
as  hereby  provided. 

1222.  Sec.  4.  Said  grantee  shall  and  will  forever  indem- 
nify and  save  harmless  the  said  City  of  St.  Paul  against  any 
and  all  damages,  judgments,  claims,  costs  and  expenses  of 
same  which  it  may  suffer,  or  may  be  recovered  or  obtained 
from  or  against  said  city  from  or  by  reason  of  or  growing  out' 
of,  or  resulting  from  the  passage  of  this  ordinance,  or  any 
matter  or  thing  connected  therewith,  or  with  the  exercise  by 
the  said  grantee  of  the  privileges  hereby  granted. 

1223.  Sec.  5.  The  grantee  herein  shall,  within  twelve 
months  after  the  passage  of  this  ordinance,  expend  at  least 
the  sum  of  two  thousand  dollars  ($2,000)  in  the  erection  of 
the  buildings  authorized  to  be  constructed  under  the  terms 
of  this  ordinance. 

1224.  Sec.  6.     The  said     grantee  shall,     nol     later     than 

twelve   months  after  the    passage   of  this  ordinance,   begin    the 

prosecution  of  said  manufacturing  business  hereinbefore  de 
scribed  on  said  premises,  and  during  the  continuance  of  this 

shall  continuousl)   prosecute  the  same,  and  employ  dui 
ing  said.period  in  his  business  at  leasl  ten  persons;  and  if  dur 
ing  the  term  of  this  lease  said  grantee  shall  fail  for  any 
cessive  thirty  days  to  conduct  said  business  as  afore  aid,  and 
employ  said  number  of  pi  !  I  cit)   shall  have  the 


12  S 

right  and  optiOu  1>\  resolution,  upon  thirty  -.lays'  written  no- 
tice i"  said  grantee  of  its  intention  to  do  so,  to  cancel  and  ter- 
minate said  lease;  provided,  however,  that  failure  to  prose- 
cute said  business  aforesaid,  caused  by  floods  or  damage  by 
tin-  or  the  elements  or  strikes,  shall  not  be  taken  as  a  part  of 
said  thirty  da\  s. 

1225.  See.  ].  If  said  grantee  shall  fail  in  any  respect  to 
comply  with  the  provisions  of  this  ordinance,  then  all  the 
rights  and  privileges  hereby  granted  shall  be  forfeited  to  said 
City  of  St.  Paid. 

1226.  See.  s.  The  said  grantee  shall  file  with  the  City 
Clerk  within  thirty  days  after  the  publication  of  this  ordin- 
ance his  written  acceptance  of  the  provisions  hereof,  the  same 
to  he  approved  by  the  Corporation  Attorney. 

Sec.  9.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  publication  and  the  acceptance  hereof  as 
provided  in  section  six  ((J)  of  this  ordinance. 

SAME. 
Ordinance  No.  2194. 

( Approved   June    20,    1901.) 

1227.  An    Ordinance    repealing    Ordinance    No.    2117,    ap- 

proved May  11,  1900. 
Whereas,  By  Ordinance  Xo.  2117,  approved  May  11, 
1900,  the  Common  Council  of  the  City  of  St.  Paid  did  grant 
unto  one  George  W.  Cahoon  a  conditional  lease  upon  Lot 
three  (3),  Plock  one  (1),  Marshall's  Addition  to  West  St. 
Paul,  Section  5  of  said  ordinance  providing"  that  Two  Thou- 
sand Dollars  should  be  expended  in  the  erection  of  buddings, 
etc.,  within  twelve  months  from  the  date  of  the  passage  of 
the  Ordinance,  and  said  lease  also  prescribing  other  con- 
ditions and  it  appearing  that  said  George  W.  Cahoon'  has  not 
expended  the  sum  of  Two  Thousand  Dollars  or  any  other 
sum  whatever  in  the  erection  of  buildings  on  said  lot,  nor 
have  any  of  the  other  conditions  of  said  lease  been  complied 
with.  The  Common  Council  of  the  City  of  St.  Paul  do  or- 
dain as  follows: 


t29 

1228.  Sec.  1.  That  Ordinance  No.  2117,  approved  May 
11,  1900,  granting  a  conditional  lease  to  George  \\  .  Gaboon, 
upon  Lot  3,  Block  1.  Marshall's  Addition  to  West  St.  Paul, 
said  lot  to  be  used  for  manufacturing  purposes  under  certain 
conditions,  be  and  the  same  is  hereby  in  all  things  repealed. 

Sec.  2.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

A.  J.  CAMERON  &  COMPANY. 

Ordinance  No.  2261. 

(Approved  Feb.  24,  1902.) 

1229.  An   Ordinance  granting  Geo.   H.   Terrett  and  A.    J. 

Cameron,  doing  business  under  the  firm  name  of  A. 
J.   Cameron   &   Company,   the  privilege  of  erecting 
on  the  rear  of  a  building  known  as  No.  321  Robert 
street,   in  the   City   of   St.   Paul,   a   galvanized  iron 
kitchen. 
Sec.  1.     The  Common  Council  of  the  City  of  St.  Paul  do 
ordain   thai   Geo.    ]I.   Terretl    and   A.  J.   Cameron,  doing  busi- 
ness under  the  firm  name  and  style  of  A.  J.  Cameron  \-  Com- 
pany, be  and  they   are  hereby  authorized  and   empowered   to 
build   and   erect    a    galvanized    iron   kitchen   as   an    addition    to 
the  rear  of  that  certain  building  known  and  designated  as   No. 
321  Robert  street,  in  the  said  City  of  St.  Paul;  the  same  being 
now  used  by  said  A.  J.  Cameron  Ov  Company  a^  and  for  the 
Delicatessen  Restaurant. 

Sec.    2.      This   ordinance   shall    take   effeel    and    be    in    force 

from  and  after  its  passage. 


I.-'I 

A.  CATHCART. 

Ordinance  No.  1905. 

(Approved  February  '■'>.  1897.) 

1230.  An   Ordinance    granting    permission    to    Alexander 

Cathcart    to    string    not    to    exceed    two    electric 
wires   across    Fifth    street,    between    Wabasha   and 
St.  Peter  streets. 
The   Common   Council  of  the  City  of  St.   Paul  do  ordain  as 
follows,  to- wit : 

Sec.  1.  That  permission  and  authority  are  hereby 
granted  unto  Alexander  Cathcart  and  his  assigns  to  string, 
erect  and  maintain  not  to  exceed  two  electric  wires  from  the 
Germania  Bank  building  and  across  Fifth  Street,  between 
Wabasha  and  St.  Peter  streets,  for  the  purpose  of  supplying 
one  or  more  of  the  buildings  on  the  north  side  of  the  said 
Fifth  Street  with  electric  light  and  power.  The  said  electric 
wires  shall  be  so  erected  and  maintained  under  the  supervi- 
sion of  the  City  Engineer. 

Sec.  2.  This  ordinance  shall  be  in  force  and  effect  from 
and  after  its  passage  ;  subject  to  the  order  of  the  Common 
Council. 

CENTRAL   WAREHOUSING   COMPANY. 

Ordinance  No.  2296. 

(Approved  August   ', .   1902.) 

1231.  An     Ordinance    authorizing    the     construction    and 

maintenance  of  a  railway  spur  track  across  Terri- 
torial road  in  said  City  of  St.  Paul  where  the  same 
intersects  Lot  "A"  of  the  Minnesota  Transfer  Ad- 
dition to  the  City  of  St.  Paul  extended  across  said 
road. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows  : 

Sec.  1.  That  authority  and  permission  are  hereby  given 
to  the  Central  Warehousing  Company,  a  corporation,  to 
erect   and   maintain   a   railway   spur   track   on   and   across  the 


Territorial  road  in  the  City  of  St.  Paul  at  a  place  where  the 
said  road  would  he  intersected  if  Lot  "A."  of  the  Minnesota 
Transfer  Addition  tew  the  City  of  St.  Paul  were  extended 
across  said  road,  and  to  operate  freight  cars  thereon  for  the 
purposes  of  receiving  and  discharging  merchandise,  and 
thereby  aiding  and  serving  the  convenience  of  those  engaged 
in  and  desiring  to  engage  in  manufacturing  enterprises  along 
the  line  of  said  street. 

1232.  Sec.  2.  The  Common  Council  hereby  reserves  the 
right  to  repeal  this  ordinance  and  direct  the  removal  of  said 
track  from  said  Territorial  Road  at  any  time  upon  ninety 
i'.hi  i  days'  notice  to  the  said  Central  Warehousing  Com- 
pany. 

Sec.   •'!.      This  ordinance   shall   take  effect   and   be  in   force 
from  and  after  its  passage,  approval  and  publication. 

C.  L.  CHRISTIANSON. 

Ordinance  No.  2276. 

(Approved   April    K.  19t)2.  i 

1233.  An   Ordinance   granting  permission  to   C.   L.   Chris- 

tianson  to  construct  a  barn  upon  the  rear  of 
Lot  15,  Block  8,  Auerbach  and  Hand's  Addition 
to  the  City  of  St.  Paul. 

The  Common   Council  of  the  City  of  St.    Paul   do  ordain  as 

follows  : 

Sec  1.  That  permission  be,  and  it  is  hereby  givei 
I  L.  Christianson  to  ereel  and  construcl  upon  the  rear  of 
l.oi  ]."..  Block  8,  Auerbach  and  Maud's  Addition  to  the  City 
of  St.  Paul,  a  frame  bam.  the  same  i"  be  constructed  under 
the  direction  and  subjeel  to  the -supervision  of  the  Building 
Inspector  of  -aid  City  of  St.  Paul,  and  said  Building  In- 
spector is  hereb)  authorized  to  issue  a  proper  permil  then 

See.  2.     This  ordinance  shall  take  effeel  and  be  in 
from  and  after  its  passage,  approval  and  publication. 


CLARK,  GREENLEAF. 
Ordinance  No.  2311. 

(Approved  October  -A,  "1902.) 

1234.  An  Ordinance  granting  to  Greenleaf  Clark  the  right 

to  lay  a  steam  pipe  across  Minnesota  street,  in  the 
City  of  St.  Paul,  for  the  purpose  of  conducting 
steam. 

The   Common  Council  of  the   City  of  St.   Paul   do  ordain  as 

follows : 

Sec.  1.  'That  there  is  hereby  granted  to  Greenleaf  Clark. 
the  owner  of  that  certain  four-story  brick  building  situate 
on  lots  one  (1)  and  two  (2),  of  the  block  nineteen  (19),  of 
St.  Paul  Proper,  the  right  to  tunnel  under  Minnesota  street 
from  said  building  aforesaid  to  the  Skidmore  block,  situate 
on  lot  number  six  (6),  in  block  number  eighteen  (18),  of 
St.  Paul  Proper,  and  to  place  and  maintain  therein,  for  a 
period  of  twenty-five  years  from  the  passage  of  this  ordi- 
nance, a  steam  pipe,  for  the  purpose  of  conveying  steam 
from  said  Skidmore  block  to  said  building  situate  on  said 
lots  one  (1)  and  two  (2),  of  said  block  nineteen  (19),  St. 
Paul  Proper,  and  to  supply  said  last-named  building  with 
steam  during  said  period,  upon  condition,  however,  that  said 
Greenleaf  Clark  and  his  assigns  shall  comply  with  all  the 
provisions  of  this  ordinance. 

1235.  Sec.  2.  The  grantee  herein  and  his  assigns,  within 
the  period  of  thirty  (30)  days  after  the  passage  and  publi- 
cation of  this  ordinance,  shall  file  in  the  office  of  the  City 
Clerk,  in  the  City  of  St.  Paul,  written  acceptance  thereof, 
the  same  to  be  in  such  form  and  shall  be  approved  by  the 
Corporation  Attorney,  and  shall  construct  said  tunnel  and 
connect  said  buildings  with  the  proper  steam  pipes,  to  be 
laid  therein  within  the  period  of  two  (2)  months  from  the 
passage  and  publication  of  this  ordinance. 

1236.  Sec.  3.  Said  tunnel  shall  be  constructed,  and  said 
steam  pipe  placed  therein,  under  direction  of  the  Commis- 
sioner of  Public  Works  of  the  City  of  St.  Paul,  and  shall 
be   constructed   in   such   manner   as  he   shall   direct,   and    the 


133 

grantee  herein,  his  successors  and  assigns,  shall  forever  keep 
and  bear  harmless  the  City  of  St.  Paul  from  any  and  all 
damages,  costs  and  expense  in  any  manner  arising  out  of 
the  construction  and  maintenance  of  said  tunnel  and  steam 
pipe. 

1237.  Sec.  -i.  The  rights  and  privileges  hereby  granted 
shall  be  held  and  exercised  by  the  grantee  herein,  his  suc- 
cessors and  assigns,  subject  to  all  the  conditions  and  limi- 
tations contained  in  the  Charter  of  the  City  of  St.  Paul, 
including  the  filing  of  the  statements  provided  for  in  sec- 
tion 27,  chapter  IV.,  of  said  charter,  and  the  payment  of  a 
license  fee  of  five  (5)  per  cent  of  the  gross  earnings  arising 
from  the  sale  of  steam  or  heat  of  said  building  so  to  be  sup- 
plied under  the  provision  hereof,  or  in  any  manner  accruing 
from  the  exercise  and  enjoyment  of  the  rights  and  privi- 
leges hereby  granted. 

1238.  Sec.  5.  The  rights  and  privileges  conferred  by  this 
ordinance  shall  not  in  any  manner,  directly  or  indirectly, 
be  sold,  assigned,  leased,  or  in  any  way  transferred  to  any 
other  person,  company,  corporation  or  association,  without 
first  obtaining  the  consent  of  the  Common  Council  of  said 
city,  by  resolution  dtdy  passed  for  that  purpose. 

1239.  Sec.  6.  In  case  the  grantee  herein,  his  successors 
or  assigns,  shall  al   any   time   tail  to  comply  with,  or  in   the 

of  a   breach   by   them   of   any   of   the   terms,   provisions, 
conditions  or  limitations  contained  in  or  provided  for  in  this 
ordinance,  all  the  rights  and  privileges  hereby  granted  forth 
with  shall  terminate  and  become   forfeited   to  the   Cit\    of  St. 
Paul  without  any  further  act  or  ceremony   whatever. 

7.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  approval,  publication  and  acceptance,  as 
hereinbefi  ire  provided. 


COLUMBIA    ELECTRIC    COMPANY*. 

Ordinance  No.  1566. 

(Approved  December  383   L891.) 

1240.  An    Ordinance    authorizing    the    Columbia    Electric 

Company  to  erect  poles  and  string  telephone 
wires  thereon,  on  Maryland  street,  from  Payne 
avenue  to  Edgerton  street,  and  thence  on  Edger- 
ton  street  to  Minneapolis  avenue. 
The  Common  Council  of  the  City  oi  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  There  is  hereby  granted  to  the  Columbia  like- 
trie  Company  the  authority,  right  and  privilege  to  erect  and 
maintain  poles  and  telephone  wires  on  Maryland  street,  from 
Payne  avenue  to  Edgerton  street,  thence  on  Edgerton  street 
to  Minneapolis  avenue,  subject  to  all  the  ordinances  now 
governing  the  Northwestern  Telephone  Exchange  Company; 
the  work  to  he  done  under  the  authority  and  direction  of  the 
city  engineer  of  the  City  of  St.  Paul. 

1241.  Sec.  2.  The  Columhia  Electric  Company  shall  give 
a  bond  in  the  sum  of  five  thousand  dollars  ($5,000),  subject 
to  the  approval  of  the  mayor  and  corporation  attorney,  to 
save  the  City  of  S.t.  Paul  harmless  from  any  accident  or 
damage  that  may  be  occasioned  .in  the  erection  and  mainte- 
nance of  said  poles  and  wires. 

1242.  Sec.  -'5.  The  common  council  of  the  City  of  St. 
Paul  shall  have  the  right  and  authority  at  any  time  to  repeal 
this  ordinance,  and  within  ten  (10)  days  after  the  repeal  of 
this  ordinance  the  Columbia  Electric  Company  shall  remove 
from  said  streets  all  poles  and  wires  erected  by  it. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in  force 
from   and  after  its  approval. 

( Rights    forfeited    by    Resolution    of    the    Common    Council, 
approved  May  20,  1000.) 


435 

CRESCENT    CREAMERY    COMPANY. 

Ordinance  No.   1769. 

(Approved  August  10,  1894.) 

1243.         An     Ordinance     granting     the     Crescent     Creamery 
Company    a    lease    of    a    portion    of    the    levee    in 
the   Sixth  ward   of  the  City  of   St.   Paul. 
The  Common  Council  of  the  City  of  St.    Paul  do  ordain  as 

follows  : 

Sec.  1.  That  permission  and  authority  is  hereby  given 
and  granted  unto  the  Crescent  Creamery  Company  to  use 
and  occupy  from  tins  date  until  notified  to  remove  therefrom 
that  portion  of  the  levee  in  the  Sixth  ward,  in  the  City  of 
St.    Paul,  described   as   follows,   to-w'it:     A   parrel   of  ground 

een  (-16-)  feet  wide  by  twenty-five  (25)  feet  long,  directly 
north  of  the  present  frame  stable  owned  and  occupied  by 
said  company  at  tin's  time  upon  said  levee,  said  stable  being 
north    of    the    railroad    track    running    along    said    levee,    and 

southeasterly  corner  of  which  stable  is  six  and  seventy- 
six  one-hundredths  (6.76)  feet  westerly  of  a  point  on  the 
center  line  of  Custer  street,  located  fifty-two  and  seventeen 
one-hundredths  (52.17)  feet  north  of  the  south  line  of  the 
levee,  said  stable  extending  from  said  southeasterly  corner 
thereof  twenty-four  and  two-tenths  (24.2)  feet  wesl  and 
sixty  and  three-tenths  (60.3)  feet  north.  A  plat  of  said 
Stable,  and  it-  location,  is  hereto  attached,  marked  K\ 
hibit  A.  and  made  a  pari  of  this  ordinance  for  the  purpose 
of  more  perfectly  identifying  the  local  ion. 

This  lease  and  permission  are  made  by  and  in  behalf  of 
the  City  of  St.   Paul  upon  the  express  conditions  and   terms 
■  t    f<  >rth,  t<  »-wit  : 

hirst     The   said   lessee  above   named,   its  successors  and 

[ns,  shall  pay  to  the  City  of  St.  Paul,  as  compensation 
and  rental  for  the  privileges  hereby  granted,  the  sum  of  one 
dollar  (Si  i  per  annum,  payable  annually  in  advance,  for  and 
during  the  t ime  hen  in   spei  ified. 

Second     Said   lessee  shall   erecl   upon  said   premises  and 
maintain  thereon  a   well  painted.  n>  at   and* substantial  build- 
to  be  appr<  ived  1>v  the  building  ins]  ■•  t  he  ( V 


136 

St.  Paul,  and  to  be  built  according  to  the  rules  of  said  build- 
ing inspector. 

Third — The  said  lessee  shall,  within  thirty  (30)  days 
after  the  passage  of  this  ordinance  accept  the  same  and  pay 
the  amount  above  specified  for  the  first  year's  rental  thereof 
into  the  city  treasury. 

And  it  is  expressly  understood  and  agreed  that  if  at  any 
time  the  City  of  St.  Paul  shall  see  fit  it  may  rescind  this  lease 
and  may  return  to  said  lessee  the  proportional  amount  of 
the  annual  rent  which  may  be  in  the  treasury  of  the  City  of 
St.  Paul  for  the  unexpired  balance  of  any  year  in  which  said 
rescission  shall  occur. 

Fourth — It  is  agreed  that  within  thirty  (30)  days  after 
the  rescission  of  this  lease  and  permit  the  lessee  above  named, 
its  successors  or  assigns,  shall  remove  said  building  from  said 
premises,  and  that  if  it  fail  so  to  do  for  a  period  of  thirty 
(30)  days  after  the  rescission  of  this  permit,  said  building 
shall  become  the  property  of  the  City  of  St.  Paul. 

Fifth — Said  lessee,  its  successors  or  assigns,  shall  for- 
ever indemnify  and  save  harmless  the  City  of  St.  Paul  from 
any  and  all  damages,  judgments,  claims,  costs  and  expenses 
which  said  city  may  suffer,  or  which  may  be  recovered  or 
obtained  from  or  against  said  city  by  reason  of,  or  growing 
out  of.  or  resulting  from,  the  passage  of  this  ordinance,  or 
the  performance  or  transaction  of  any  matter  or  thing  con- 
nected therewith,  or  mentioned  therein. 

Sixth — The  rights  hereby  granted  to  said  Crescent 
Creamery  Company  shall  not  be  transferred  without  the  ap- 
proval of  the  Common  Council  of  the  City  of  St.  Paul,  and 
if  a  transfer  is  made  of  any  kind,  either  voluntary  or  invol- 
untary, by  legal  proceedings  or  otherwise,  the  City  of  St. 
Paul  reserves  the  right  to  declare  this  lease  rescinded,  and 
if  such  transfer  is  made  without  permission  of  the  common 
council  the  building  upon  said  land  shall  become  the  prop- 
erty of  the  City  of  St.  Paul. 

1244.  Sec.  2.  This  ordinance  shall  not  be  considered  or 
construed  in  any  manner  as  guaranteeing  or  warranting  any 
of  the  rights  hereby  attempted  to  be  granted  to  the  above 
named  lessee. 


I:;; 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

JOHN  J.   DANNER. 

Ordinance  No.  2074. 

(Approved  September  23,  1899.) 

1245.         An    Ordinance   granting   unto   John  J.    Danner   per- 
mission to  use  a  portion  of  the  levee  in  the  Sixth 
ward,  in  the  City  of  St.  Paul. 
The  Common   Council  of  the   City  of  St.   Paul   do  ordain  as 

follows : 

Sec.  1.  That  permission  and  authority  be  and  the  same 
is  hereby  given  unto  John  J.  Danner  to  use  and  occupy,  for 
the  full  period  of  twenty-five  (25)  years  from  the  date  of 
the  passage  of  this  ordinance,  for  the  purpose  of  manufac- 
turing iron  and  wire  fencing,  lire  escapes,  wire  and  iron 
cages,  iron  railings,  and  other  goods  incidental  to  said  busi- 
ness, that  portion  of  the  levee  in  the  Sixth  ward,  in  the  City 
of  St.  Paul,  described  as  follows,  to-wit :  All  of  lot  five  (5), 
and  the  westerly  twenty-five  feet  of  lot  four  (4),  of  block 
"B,"  of  Robertson's  Addition  to  West  St.  Paul,  according 
to  the  plat  thereof  on  file  in  the  office  of  the  Register  of 
Deeds  of  Ramsey  County,  in  the  City  of  St.  Paul,  in  the 
State  of  Minnesota.  This  grant  and  permission  are  made  by 
and  on  behalf  of  the  City  of  St.  Paul  upon  the  express  con- 
ditions and  terms  hereinafter  set  forth,  to-wit : 

First-  The  said  grantees  above  named  shall  pay  to  the 
City  of  St.  Paul,  as  compensation  and  rental  for  the  privi- 
leges hereby  granted,  the  sum  of  one  dollar  (SI  |  per  annum. 
payable  annually  in  advance  for  and  during  the  time  herein 
specified. 

Second     Said  grantee  shall  ereel  upon  said  premises,  and 

maintain   thereon,   a   main    building   at    leas]    fort}     I  l(,i    feet    in 

width  by  one  hundred  (100)  feel  in  length,  and  sneh  other 
buildings  as  the  conduct  of  their  business  shall  hereafter 
require.  All  of  said  buildings  shall  !><■  buill  of  brick  and 
stone,  and  shall  he  built  under  and  upon  plans  approved  by 
the  Building  Inspector  of  said  city,  upon  obtaining  a  proper 


i:;s 

permit  therefor.  Said  buildings  shall  be  used  for  the  manu- 
facturing purposes  above  sel  forth,  and  in  connection  there- 
with: provided,  however,  that  the  chimneys  and  smokestacks 

shall  extend  at  least  fifty  (50)  feet  above  the  grade  of  the 
-  adjacent  thereto,  and  provided  that  the  Common 
Council  <>f  the  City  of  St.  Paul  may.  by  special  resolution, 
permit  the  erection  by  said  grantee  of  buildings  of  a  dif- 
ferent character  and  material  to  those-  above  set  forth. 

Third — The  grantee  herein  named  -hall  complete  said 
building  and  have  said  business  in  full  operation  within 
twelve  (12)  months  from  the  passage  of  this  ordinance,  and 
within  ninety  (90)  days  after  the  expiration  of  the  terms  of 
the  lease  herein  granted  said  building  or  buildings  shall  be 
removed  from  said  above  described  premises  by  said  grantee, 
and  in  ease  of  failure  to  remove  said  building  or  buildings 
within  said  time  the  same,  or  such  part  thereof  as  may  here- 
after remain  on  said  premises,  shall  become  the  property  of 
the  City  of  St.  Paul. 

Fourth — Said  grantee  shall,  and  forever  will,  indemnify 
and  save  harmless  the  City  of  St.  Paul  against  an}-  and  all 
damages,  judgments,  claims,  costs  and  expenses  of  the  same 
which  said  city  may  suffer  or  which  may  be  recovered  or 
obtained  from  or  against  said  city  from  or  by  reason  of,  or 
resulting  from,  or  growing  out  of,  the  passage  of  this  ordi- 
nance, or  the  performance  or  the  transaction  of  any  matter 
or  thing  connected  therewith,  or  mentioned  herein,  or  with 
the  exercise  by  said  grantee  of  the  privilege  hereby  granted. 

Fifth — The  said  grantee  shall,  in  the  prosecution  of  the 
manufacturing  business  to  be  carried  on  upon  the  property 
leased  to  him  under  this  ordinance,  constantly  keep  employed, 
throughout  the  entire  period  for  wdiich  said  property  is 
leased,  not  less  than  fifteen  (15)  adult  persons,  all  of  whom 
shall  be  residents  of  the  City  of  St.  Paul. 

1246.  Sec.  2.  This  ordinance  shall  not  be  considered  or 
construed  as  in  any  manner  guaranteeing  or  warranting  any 
of  the  rights  hereby  granted,  nor  the  title  of  any  of  the  land 
herein  described. 


439 

1247.  Sec.  .">.  All  the  piling,  riprappirig  and  filling  neces- 
sary to  be  done  on  the  land  above  described  shall  be  let  to 
St.  Paul  contractors,  or  be  performed  by  persons  and  laborers 
residing  in  the  City  of  St.   Paul. 

1248.  Sec.  I.  If  said  grantee  shall  fail  in  any  respeel  to 
comply  with  the  provisions  of  this  ordinance,  then  all  the 
rights    and    privileges    herein    granted    shall    immediately    be 

forfeited  to  the  City  of  St.  Paul,  and  this  grant  or  lease 
hereby  terminated  or  forfeited. 

12*9.  Sec.  5.  All  buildings  placed  on  said  lands,  as  herein 
provided,  shall  be  personalty  for  the  purpose  of  taxation,  and 
said  grantee  agrees  to  pay  all  taxes  which  may  be  levied  or 
ssed  against  said  buildings,  and  in  case  said  grantee  shall 
allow  said  taxes  to  remain  unpaid  till  the  date  of  the  tax  sale 
thereof,  then  all  the  rights  and  privileges  hereby  granted 
shall  revert  to  the  City  of  St.  Paul,  and  this  lease  shall  there- 
upon terminate. 

12-50.  Sec.  (i.  The  said  grantee  shall,  not  later  than 
twelve  i  12)  months  after  the  passage  of  this  ordinance',  begin 
the  prosecution  of  said  manufacturing  business  hereinbefore 
described  on  said  premises,  and  if  during  the  term  of  this 
base  >hall  fail  for  any  successive  thirty  (30)  days  to  con- 
duct said  manufacturing  business  as  aforesaid,  then  said  city 
shall  have  tin-  right  ami  option,  by  resolution,  upon  thirty 
(30)  days"  written  notice  to  said  grantee  of  its  intention  so 
to  do,  to  cancel  and  terminate  said  lease  ;  provided,  that  fail 
lire  to  prosecute  said  business  aforesaid  caused  by  Rood  or 
damage  b)   fire  or  the  elements,  or  strike,  shall  not  he  taken 

a     :i   pari   of  said   thirt  \     (  30  i    days. 

1251.  See.   ■ .      If  said  grantee  shall   fail  to  comply   with  any 

of  the  provisions  of  this  ordinance,  then  said  cit)  has  the  right 
and  option,  on  giving  thirt)  (30)  days'  written  notice  to 
grantee  of  its  intention  so  to  do,  to  terminate  and  forfeil  this 
•  ;  provided,  thai  in  case  this  lease  is  forfeited  b)  said  city 
or  otherwise  for  any  reason,  then  said  grantee  shall  have  the 
righi  during  thi  si s  (6)  months  nexl  following  such 
feiture  to  remove  its  machinery,  propert)  and  improvements 
from  said  pnini 


I  III 

1252.  See.  8.  Ml  rights  hereby  granted  shall  at  all  times 
be  subject  to  all  ordinances  of  said  City  of  St.  Paul,  in  force, 
or  which  may  hereafter  he  passed,  and  no  rights  acquired 
under  this  ordinance  shall  be  transferred  to  any  other  party 
unless  the  consent  oi  the  Common  Council  of  said  city  shall 
be  first  obtained. 

1253.  Sec.  9.  Saul  grantee  shall  file  with  the  City  Clerk 
of  said  city,  within  thirty  (30)  days  after  the  publication  of 
this  ordinance,  their  written  acceptances  of  the  provisions 
thereof,  and  as  agreement  to  perform  all  of  said  terms  there- 
of, the  same  to  he  approved  by  the  Corporation  Attorney. 

Sec.  10.  This  ordinance  shall  take  effect  and  he  in  force 
from  and  after  its  passage,  publication  and  acceptance,  as 
provided  therein. 

SAME. 
Ordinance  No.  2108. 

i  Approved  May  4,  1900.) 

1254.  An  Ordinance  consenting  to  the  transfer  and  assign- 

ment unto  Frederick  H.  Danner  of  the  rights  and 
privileges  acquired  by  John  J.  Danner,  under 
Ordinance  No.  2074,  of  the  General  Ordinances 
of  the  City  of  St.  Paul,  entitled  "An  Ordinance 
granting  unto  John  J.  Danner  permission  to  use 
a  portion  of  the  levee  in  the  Sixth  ward,  in  the 
City   of   St.   Paul,"   approved   September  23,   1899. 

The  Common   Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  "Whereas,  by  Ordinance  Xo.  2074,  of  the  General 
Ordinances  of  the  City  of  St.  Paul,  entitled  "An  Ordinance 
granting  unto  John  J.  Danner  permission  to  use  a  portion 
of  the  levee  in  the  Sixth  ward,  in  the  City  of  St.  Paul," 
approved  September  23,  1899,  the  Common  Council  of  the 
City  of  St.  Paul  did  grant  to  John  J.  Danner  permission  and 
authority  to  use  and  occupy,  for  the  period  of  twenty-five 
f25)  years,  for  the  purpose  of  manufacturing  iron  and  wire 
fences,   fire   escapes,   wire   and  iron   cages,   iron   railings,   and 


1 11 

other  goods  incidental  to  said  business,  that  portion  of  the 
levee  in  the  Sixth  ward,  in  the  City  of  St.  Paul,  described  as 
follows,  to-wit : 

All  of  lot  five  (5),  and  the  westerly  twenty-five  (25) 
feet  of  lot  four  I  1),  of  block  "B,"  of  Robertson's  Addition 
to  West  St.  Paul,  according  to  the  plat  thereof  on  file  in  the 
office  of  the  Register  of  Deeds  in  Ramsey  County,  in  the  City 
of  St.  Paul,  in  the  State  of  Minnesota,  subject  to  the  provi- 
sions of  said  Ordinance  No.  2074;  and 

"Whereas,  said  Ordinance  No.  2014  was  accepted  by  John 
J.  Danner  by  filing  his  written  acceptance  thereof  in  the  office 
of  the  City  Clerk  on  the  13th  day  of  October,  1899;  and 

Whereas,  said  John  J.  Danner  desires  to  transfer  and 
assign  to  Frederick  H.  Danner  all  of  the  rights  and  privi- 
leges acquired  by   him   under  said  Ordinance   No.   2074. 

Permission  and  authority  is  hereby  granted  to  said  John 
J.  Danner  to  assign  and  transfer  to  said  Frederick  II.  Dan- 
ner all  the  rights  and  privileges  granted  to  and  acquired  by 
said  John  J.  Danner  by  said  Ordinance  No.  2071:  and  the 
Common  Council  of  the  City  of  St.  Paul  does  hereby  consent 
such  transfer  and  assignment,  subject,  however,  to  the 
compliance  of  said  Frederick  II.  Danner,  from  the  time  this 
ordinance  shall  go  into  effect,  with  the  terms,  conditions  and 
privileges  of  said  Ordinance  No.  2074  In  lie  by  --aid  John  J. 
Danner  complied  with,  and  subject  to  all  the  rights  reserved 
to  the  City  of  St.  Paul  by  the  provisions  of  said  ordinance. 

1255.  Sec  2.  Thai  said  Frederick  II.  Danner  shall  file 
with  the  City  Clerk  of  said  city,  within  thirty  (30)  days  after 
the  passage  ami  publication  of  this  ordinance,  his  written 
acceptance    of    the    provisions    thereof,    and    an    agreement     to 

perform  all  of  said  terms  thereof,  the  same  to  be  approved  by 
the  C< irporal ii >n    \t t< >rney. 

Sec.  :;.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  publication  and  acceptance,  as 
provided  herein. 


THOMAS  DAVIS. 

Ordinance  No.   1780. 

i  Approved  (  October  6,  1894. » 

1256.         An    Ordinance    granting    unto    Thomas    Davis    per- 
mission to  use  a  portion  of  the  levee  in  the  Sixth 
ward,  in  the  City  of  St.  Paul. 
rhe   Common   Council   of  the   City  of   St.    Paul   do  ordain  as 

follows: 

Sec.  1.  That  permission  and  authority  be  and  the  same 
is  hereby  given  unto  Thomas  Davis,  his  heirs,  executors, 
administrators  or  assigns,  to  use  and  occupy,  for  the  full 
period  of  fifty  (50)  years  from  the  date  of  the  passage  of 
this  ordinance,  for  the  purpose  of  constructing  and  manu- 
facturing steam  and  hot  water  boilers,  heaters  and  radiators, 
and  other  articles  composed  or  manufactured  wholly  or  in 
part  of  iron  or  metal,  that  portion  of  the  levee  in  the  Sixth 
ward,  in  the  City  of  St.  Paul,  described  as  follows,  to-wit : 
Lots  five  (5)  and  six  (6),  of  block  two  (2),  of  Marshall's 
Addition  to  West  St.  Paul,  according  to  the  plat  thereof  on 
file  in  the  office  of  the  register  of  deeds  of  Ramsey  County,  in 
the  State  of  Minnesota.  This  grant  and  permission  are  made 
by  and  on  behalf  of  the  City  of  St.  Paul  upon  the  express 
conditions  and  terms  hereinafter  set  forth,  to-wit: 

First — The  said  grantee  above  named,  his  heirs,  executors, 
administrators  or  assigns,  shall  pay  to  the  City  of  St.  Paul, 
as  compensation  and  rental  for  the  privileges  hereby  granted, 
the  sum  of  one  dollar  (SI)  per  annum,  payable  annually  in 
advance,  for  and  during  the  time  herein  specified. 

Second — Said  grantee  shall  erect  upon  said  premises, 
and  maintain  thereon,  a  main  building  forty-five  (45)  feet  in 
length,  and  such  other  buildings  as  the  conduct  of  his  busi- 
ness shall  hereafter  require.  All  of  said  buildings  shall  be 
of  brick  and'  stone,  or  of  brick  or  stone,  and  shall  be  built 
under  and  upon  the  plans  approved  by  the  building  inspector 
of  the  said  city,  upon  obtaining  a  proper  permit  therefor. 
Said  buildings  shall  be  used  for  the  manufacturing  purposes 
above  set  forth,  and  in  connection  therewith  ;  provided,  how- 
ever,  that   the    chimneys   and   smokestacks,    if   any   there   be, 


1 1.'. 

to  be  used  on  said  buildings  shall  extend  at  least  twenty- 
five  (25)  feet  above  the  grade  of  the  streets  adjacent  thereto; 
and  provided,  that  the  common  council  of  the  said  City  of  St. 
Paul  may,  by  special  resolution,  permit  the  erection  by  said 
grantee  of  buildings  of  a  different  character  and  material  to 
tlmse  ah*  »ve  set  f<  >rth. 

Third — The  grantee  herein  named,  his  heirs,  executors, 
administrators  or  assigns,  shall  complete  said  buildings  and 
have  said  business  in  full  operation  within  twelve  (12) 
months  from  the  passage  of  this  ordinance,  and  before  the 
expiration  of  the  term  of  the  lease  herein  granted  said  build- 
ing or  buildings  shall  he  removed  from  said  above-described 
premises  by  said  grantee,  and  in  case  of  failure  to  remove 
said  building  or  buildings  within  said  time  the  same,  or  such 
part  thereof  as  may  thereafter  remain  on  said  premises,  shall 
become  the  property  of  the  City  of  St    Paul. 

Fourth  Said  grantee,  his  heirs,  executors,  administra- 
tors or  assigns,  shall  and  will  forever  indemnif)  and  save 
harmless  the  City  of  St.  Patd  against  any  and  all  damages. 
judgments,  claims,  costs  and  expenses  of  the  same  which  said 
city  may  suffer,  or  which  may  he  recovered  or  obtained  from 
or  against  -aid  city  from,  or  by  reason  of,  ,  ,r  growing  out  of, 
or  resulting  from,  the  passage  of  this  ordinance,  or  the  per- 
formance" or  transaction  of  any  matter  or  thin-  connected 
therewith,  or  mentioned  therein,  or  with  the  exercise  hy  -aid 
grantee  of  the  privileges  hereby  granted. 

1257.  Sec.  '.'.  This  ordinance  shall  no1  he  considered  or 
construed  a-  in  any  manner  guaranteeing  or  warranting  an\ 
of  the  rights  hereb)  granted,  nor  the  title  of  an_\  of  the  land- 
herein  des<  ribed. 

1258.  Sec.  3.  All  piling,  rip-rapping  and  filling  necessar) 
to  be  done  on  the  land  above  described  shall  he  lei  to  Si.  Paul 
contractors,  or  be  performed  1>\  persons  and  laborers  cesid 
ing  in  the  City  of  St.  Paul,  and  all  tin-  brick  "i  stohe  used 
in  the  construction  of  an)  of  the  said  buildings  constructed 
on  -aid  premises  -hall  he  nf  Si.  Paul  manufai  ture,  ■>!  quarried 

in  -aid  city. 


1 1 1 

1259.  Sec.  I.  It"  said  grantee,  his  heirs,  executors,  admin- 
istrators or  assigns,  shall  fail  in  any  respect  to  comply  with 
the  provisions  of  this  ordinance,  then  all  the  rights  and  privi- 
leges herein  granted  shall  immediately  be  forfeited  to  the  City 
of  St.  Paul,  and  this  grant  or  lease  be  thereby  terminated  and 
I  trfeited. 

1260.  See.  5.  All  buildings  placed  on  said  land,  as  herein 
provided,  shall  be  personalty  for  the  purpose  of  taxation,  and 
said  grantee,  for  himself,  his  heirs,  executors,  administra- 
tors and  assigns,  agrees  to  pay  all  taxes  which  may  be  levied 
or  assessed  on  said  buildings,  and  in  case  said  grantee,  his 
heirs,  executors,  administrators  or  assigns,  should  allow  said 
taxes  to  remain  unpaid  till  the  date  of  the  tax  sale  thereof, 
all  the  rights  and  privileges  hereby  granted  shall  revert  to 
the  City  of  St.  Paul,  and  this  lease  shall  thereupon  terminate. 

1261.  Sec.  6.  The  said  grantee,  his  heirs,  executors,  ad- 
ministrators or  assigns,  shall,  not  later  than  twelve  (12) 
months  after  the  passage  of  this  ordinance,  begin  the  prose- 
cution of  said  manufacturing  business  hereinbefore  described 
on  said  premises,  and,  during  the  continuance  of  this  lease, 
shall  continuously  prosecute  the  same,  and  if  during  the  term 
of  this  lease  said  grantee,  his  heirs,  executors,  administrators 
or  assigns,  shall  fail  for  any  thirty  (30)  successive  days  to 
conduct  said  manufacturing  business  as  aforesaid,  then  said 
city  has  the  right  and  option,  by  resolution,  upon  thirty  (30) 
days'  written  notice  to  said  grantee  of  its  intention  so  to  do, 
to  cancel  and  terminate  said  lease  ;  provided,  that  failure  to 
prosecute  said  business  as  aforesaid,  caused  by  flood  or  dam- 
age by  fire,  or  the  elements,  or  strike,  shall  not  be  taken  as 
a  part  of  said  thirty   (30)  days. 

1262.  Sec.  7.  Said  grantee  shall  file  with  the  clerk  of 
said  city,  within  thirty  (30)  days  after  the  publication  of  this 
ordinance,  his  written  acceptance  of  the  provisions  thereof, 
and  an  agreement  to  perform  all  of  the  terms  thereof,  the 
same  to  be  approved  by  the  corporation  attorney. 

Sec.  8.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  publication  and  acceptance,  as 
provided  herein. 


445 

KEOKUK     NORTHERN     LINE     PACKET     COMPANY 
AND    DIAMOND   JO   LINE   OF   PACKETS. 

(Approved  July  23,  1873.) 

1263.  An    Ordinance   to   provide  for   tne   improvement   of 

the  public  levee. 
The  Common  Council  of  the   City   of  St.   Paul   do  ordain  as 

follows : 

Sec.  1.  The  Keokuk  Northern  Line  Packet  Company, 
now  navigating  the  Mississippi  river,  and  the  Diamond  Jo 
Line  of  packets,  now  navigating  said  river,  or  their  successors 
or  assigns,  are  hereby  permitted  to  erect  a  warehouse  one  (1) 
story  high,  and  three  hundred  (300)  feet  long  by  forty  (40) 
feet  wide,  on  the  public  levee  in  the  City  of  St.  Paul,  com- 
mencing at  the  water  line,  at  the  east  line  of  Jackson  street, 
to  the  west  line  of  Sibley  street,  running  three  hundred  (300) 
feet  east  and  on  a  parallel  line  with  the  outer  piles  at  the 
so-called  Sioux  City  depot  warehouse,  and  the  outer  piles  of 
what  is  called  Hill's  warehouse. 

1264.  See.  2.  The  Keokuk  Northern  Line  Packet  Com- 
pany to  have  the  use  of  the  west  two  hundred  (200)  feet, 
and  the  Diamond  Jo  Line  to  have  the  use  of  the  east  one 
hundred  (100)  feet  of  said  warehouse,  which  warehouse  shad 
be  constructed  in  a  neat,  substantial  and  workmanlike  man- 
ner, and  to  the  acceptance  of  the  common  council  of  St.  Paul. 

1265.  S<c.  3.     Said  warehouse  is  to  be  used  only   for  the 
transfer  <>i  goods,    wares,   merchandise   and    persons,   and    in 
no  way  to  be  used  for  purposes  of  trade  or  traffic  by  an\   per 
son  or  persons  connected  with  said  packet  companies  or  their 
agents,  servants,  employes,  successors  or  assigns. 

1266.  Sec.  I.  No  goods,  wares  or  merchandise  shad  be 
allowed  to  be  or  remain  in  said  warehouse  for  a  longer  period 
than  forty-eighl  I  L8)  hours,  exclusive  of  Sunday.  And  any 
transient  boai  coming  to  tins  city  with  a  cargo,  when  there 
should  n«»t  be  any  safe  and  convenient  place  elsewhen 
said  public  levee  to  land  and  discharge  cargo  between  the 
wesl  side  of  Roberl  streel  and  the  easl  side  of  Sibley  sti 
they  shall  be  allowed  to  discharge  cargo  and  passer 


:  i-g 

of  charge  at  the  mosl  convenient  point  in  said  warehouse, 
subject  to  the  same  rules  and  regulations  governing  the  said 
packet  companies  herein  above  named. 

1267.  See.  5.  lfrsaid  packet  companies,  or  either  of  them. 
should  cease  to  do  business  as  now  known,  or  as  now  called, 
01  as  now  organized,  these  privileges  may  be  extended  to 
their  sue  ir  assignees  upon  such  terms  and  conditions 
as  the  city  council  o\  the  City  of  St.  Paul  deem  equitable, 
just  or  expedient,  and   for  the  public  good;  but   these  privi- 

l   -  shall  in  no  event  be  transferable  by  said  packet  com- 
panies, except  b)   the  consent  of  the  city  council  of  St.  Paul. 

1268.  Sec.  6.  That  so  much  of  the  lire  ordinances  of  the 
City    of    St.     Paul    as    restricts    persons     from    constructing 

■  len  buildings  within  certain  limits,  so  far  as  the  same 
affects  this  said  warehouse,  at  said  public  levee  be,  and  the 
same  is  hereby,  repealed. 

That  this  ordinance  shall  not  be  construed  to  limit  or 
restrict  the  powers  of  the  common  council,  as  they  are  prer 
scribed  in  the  twenty-second  (22d)  and  twenty-third  (23d) 
subdivisions  of  section  three  (3),  chapter  four  (4),  of  the 
Charter  of  the  City  of  St.  Paul,  approved  March  (i.  1868,  if 
said  council  shall  deem  it  necessary  for  the  public  good. 

1269.  Sec.  7.  The  common  council  reserves  the  right  to 
enforce  all  its  police  regulations  over,  in  and  through  said 
warehouse,  and  to  alter,  modify  or  repeal  this  ordinance 
when  the  public  interest  require  it. 

1270.  Sec.  8.  It  shall  be  the  duty  of  said  packet  com- 
panies, or  their  assigns,  to  keep  the  approaches  to  said  ware- 
house both  from  the  land  and  water  side  safe,  convenient  and 
secure  at  all  times  for  the  free  egress,  ingress  and  regre>s  of 

»ns  and  such  vehicles  as  may  be  necessary  to  facilitate 
the  deposit,  delivery  and  transfer  of  goods,  wares,  merchan- 
dise and  passengers  to  and  from  the  boats  and  said  ware- 
house, free  of  all  tolls,  assessments,  wharfage  or  charges. 

If  at  any  time  either  of  said  steamboat  companies  or  lines 
should  have  their  respective  parts  of  said  warehouse  full  of 
freight,  and  temporarily  have  use  for  more  room,  and  the 
other  end   or  side   have   spare   room   not   in   use,  then   either 


i  Vi 

may.  under  such  circumstances,  be  allowed  to  unload  on,  or 
in.  each  other's  pa'rt  on  such  reasonable  terms  as  they  nun- 
agree  upon,  but  in  case  storms  or  rain  shall  make  it  neces- 
sary for  either  of  said  lines  to  secure  their  freights  before 
delivery  to  the  owner  or  consignee,  then  each  shall  have  this 
temporary  privilege  without  charge  to  either. 

This  ordinance  to  take  effect  and  be  in  force  from  and 
after  its  publication. 

DIAMOND    JO    LINE    STEAMERS. 

Ordinance  No.  619. 

i  Approved  Feb.  is.  1886. 1 

1271.  An  Ordinance  granting  to  the  Diamond  Jo  Line 
steamers  the  use  of  a  certain  portion  of  the  public 
levee  of  the  City  of  St.  Paul,  for  warehouse  facili- 
ties for  the  time,  upon  the  terms  and  conditions 
herein  specified. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
foil*  >\\  -  : 

Sec.  1.  That  permission  and  authority  is  given  the  Dia- 
mond Jo  Line  steamers,  a  company  engaged  in  the  carrying 
of  freight  and  transportation  of  passengers,  with  steamboats 
on  the  Mississippi  and 'other  rivers,  to  use  and  occupy,  for 
the  period  of  ten  (10)  years  from  the  1st  da\  of  March,  1886, 
all  that  part  of  the  public  levee  of  the  City  of  St.  Paul  de- 
scribed as  follows,  viz.:  Commencing  at  a  point  on  the  bank 
of  the  Mississippi  river  sixty-six  (66)  feel  wesl  of  the  west 
line  of  Keokuk  Northern  Line  Packel  Company's  warehouse 
upon  said  levee,  and  on  a  line  with  the  row  of  piling  in  fronl 
of  said  warehouse  if  extended  westerl)  :  thence  one  hundred 
and  sixty-five  (165)  feet  westerly,  and  in  a  direct  line  of  the 
outside  face  of  Pier  No.  3  of  Roberl  streel  bridge  to  a  point: 
thence  northerly  and  al  righl  angles  to  said  line  fift}  (50) 
Feel    to  a  point;   theno  and   parallel    with    the    firsl 

above  mentioned   line  one  hundred   and   sixty  ii\      I  I6.r>) 
ti    a  point;  thence  southerly  al  righl   angles  (  el  to 

the  point  and  place  of  beginning,  upon  which  said  piece  and 
parcel  of  laud   said    Diamond   Jo    Line  ereb> 


I  is 

authorized  and  permitted  to  erect  and  construct  a  one-story 
frame  warehouse,  which  shall  be  covered  and  enclosed  with 
corrugated  iron  before  used  for  any  purpose.  Said  Diamond 
Jo  Line  steamers,  as  rent  for  the  above  described  land,  piece 
and  portion  of  said  levee,  is  to  pay  into  the  city  treasury  of 
the  City  of  St.  Paul,  at  the  date  and  time  of  its  acceptance 
hereof,  the  sum  of  five  dollars  ($5),  and  annually  thereafter 
the  like  sum  of  five  dollars  ($5)  is  to  be  paid  into  the  city 
treasury  aforesaid  by  said  line  as  the  annual  rent  thereof. 

1272.  Sec.  2.  The  foregoing  permission  and  authority  to 
occupy  that  part  of  the  public  levee  hereinbefore  described, 
by  the  Diamond  Jo  Line  steamers,  is  granted  upon  the  fur- 
ther express  conditions  following,  to-wit : 

First--— That  the  warehouse  constructed  upon  the  herein 
above  described  piece  or  parcel  of  said  public  levee  shall  be 
a  neat,  substantial  building,  and  built  in  a  good  and  work- 
manlike manner,  and  to  the  acceptance  and  satisfaction  of 
the  inspector  of  buildings  of  the  City  of  St.  Paul,  and  of  the 
material  specified  in  section  one   (1)  of  this  ordinance. 

Second — That  said  warehouse  shall  be  used  for  no  other 
purpose  than  for  the  transfer  of  goods,  wares  and  merchan- 
dise and  persons  shipped  or  transported  by  or  upon  vessels 
navigating  the  Mississippi  river  and  its  tributaries,  and  shall 
in  no  way  be  used  for  purposes  of  trade  or  traffic  by  any  per- 
son or  persons. 

Third — That  no  goods,  wares  or  merchandise  shall  be 
allowed  to  be  or  remain  in  said  warehouse  for  a  longer  period 
than  four  (4)  days,  exclusive  of  Sundays,  and  any  transient 
boat  coming  to  this  city  with  a  cargo  shall  be  allowed  to  dis- 
charge its  cargo  and  passengers  free  of  charge  at  the  most 
convenient  point  in  said  warehouse. 

Fourth — That  the  said  Diamond  Jo  Line  steamers  shall 
keep  the  approaches  of  said  warehouse,  both  from  the  land 
and  water  side,  and  also  the  ends  thereof,  convenient  and  se- 
cure at  all  times  for  the  free  egress,  ingress  and  regress  of 
persons  and  vehicles  as  may  be  necessary  ami  required  to  fa- 
cilitate the  deposit,  delivery  and  transfer  of  goods,  wares, 
merchandise  and  passengers  to  and  from  the  boats  of  said 
warehouse  free  of  all  tolls,  assessments,  wharfage  or  charges. 


149 

Fifth— That  the  said  Diamond  Jo  Line  steamers  will  re- 
linquish and  surrender  to  any  steamboat  company  at  any  time 
the  common  council  may  so  order,  so  much  of  said  warehouse 
as  the  common  council  may  deem  for  the  best  interest  of 
steamboat  navigation  and  the  city,  upon  said  steamboat 
company  paying  its  pro  rata  share  to  said  Diamond  Jo  Line 
steamers  of  the  costs  of  the  building  and  improvements  for 
the  part  used  by  it. 

Sixth — That  said  Diamond  Jo  Line  steamers  shall  pave 
all  of  the  levee  in  front  of  its  said  warehouse  to  the  railroad 
tracks  and  also  one-half  of  Jackson  street  from  the  railroad 
tracks  to  the  Mississippi  river,  of  such  material  as  may  be 
ordered  by  the  city  engineer,  at  its  own  cost  and  expense. 

1273.  Sec.  3.  That  this  ordinance  shall  not  in  any  man- 
ner limit  or  restrain  the  powers  of  the  common  council  as 
they  are  prescribed  in  the  twenty-second  (22d)  and  twenty- 
third  (23d)  subdivisions  of  section  three  (3),  chapter  four  (4) 
of  charter  of  said  City  of  St.  Paul,  approved  March  5,  1874, 
being  consecutive  section  number  seventy-nine  (79),  Muni- 
cipal Code  of  St.  Paul  1884,  if  said  council  shall  deem  it  nec- 
essary for  the  public  good, 

1274.  See.  1.  That  the  permission  and  authority  to  erect 
said  warehouse  granted  by  this  ordinance  to  the  Diamond  Jo 
Line  steamers  shall  in  no  even!  he  assigned  or  transferred  to 
any  other  person,  compan)    or  corporation    excepl    with    the 

enl  of  tin-  common  council  of  the  City  of  St.  Paul,  and 
any  assignment  shall  operate  as  a  repeal  of  this  ordinance. 

1275.  Si-.-.  5.  The  Common  Council  reserves  the  righl  to 
enforce  all  its  police  regulations  over,  in  and  through  said 
warehouse  and  to  alter,  modify'or  repeal  this  ordinance  when 
tin-  public  interesl  requires  it  to  hi'  di >ne. 

1276.  Sec.  'J.     The  Diamond  Jo  Line  Steamers  shall,  with 
in  thirt)    i  30  i  da)  s  from  and  after  the  p  irdi 
name,  tile  with  the  cit\    clerk  of  said  City  of  St.   Paul  a  no- 
tice or  resolution  or  agreement,  in  its  usual  form  of  execut 

nis  obligatory   upon   itself,  accepting   'in     ordin- 
ance, together  with  and  upon  the  terms  and  conditions  herein 
lined,  ami  if  said  I  Hamond  [o  Lin  hall  net 


I. Ml 

or  refuse  to  accept  this  ordinance  or  comply  with  the  terms 
thereof  all  and  singular  as  aforesaid,  then  this  ordinance  shall 
be  void  and  of  no  effect. 

Sec.  7.  This  ordinance  shall  be  in  force  from  and  after 
its  passage. 

SAME. 

Ordinance  No.  1337. 

(Approved  May  21,  1890.) 

1277.  An  Ordinance  granting  to  the  Diamond  Jo  Line 
steamers  and  St.  Louis,  St.  Paul  &  Minneapolis 
Packet  Company,  certain  franchises,  easements 
and  privileges  upon,  in  and  to  the  public  levee  in 
the  City  of  St.  Paul. 

The   Common    Council   of  the   City   of   St.    Paul   do  ordain   as 

follows  : 

Sec.  1.  '1  hat  there  is  hereby  granted  to  the  Diamond 
Jo  Line  steamers,  ami  to  the  St.  Louis,  St.  Paul  &  Minneap- 
olis Packet  Company,  their  successors  and  assigns,  the  right 
i  i  use  by  them  respectively  of  the  following  described  prem- 
-    situated  in  said  city,  to-wit : 

Commencing  at  a  point  of  the  east  line  of.  Jackson  street 
where  the  same  intersects  the  low  water  mark  of  the  Missis- 
sippi river;  thence  easterly  down  said  river  to  the  westerly 
hue  of  Sibley  street  ;  thence  northerly  along  said  westerly 
line  of  Sibley  street  to  a  point  twenty  (20)  feet  south  of  the 
southerly  railroad  track  extending  from  Sibley  to  Jackson 
street  :  thence  westerly  and  parallel  with  the  line  of  said 
southerly  railroad  track  to  the  east  line  of  Jackson  street; 
thence  southerly  along  the  east  line  of  Jackson  street  to  the 
place  of  beginning,  whereon  said  paclfet  companies  have  here- 
tofore erected  and  are  now  occupying  their  steamboat  ware- 
house, but  said  right  is  granted  in  the  following  proportion 
and  allotment,  to-wit:  To  the  said  Diamond  Jo  Line  steam- 
ers, the  easterly  one  hundred  (100)  feet  of  the  premises  above 
described,  ami  to  the  said  St.  Louis,  St.  Paul  &  Minneapolis 
Packet    Company,    the    westerly    two   hundred    (200)    feet    of 


said  premises,  for  and  during  the  full  term  of  thirty  (30) 
years,  from  and  after  the  first  day  of  June,  1890. 

1278.  See.  -i.  Said  packet  company  shall  pay  as  rent  of 
the  above-mentioned  premises  as  follows:  Said  Diamond 
Jo  Steamboat  Line  the  sum  of  Thirty-three  dollars  and  thirty- 
three  cents  ($33.33)  per  annum,  and  the  said  St.  Louis.  St. 
Paul  &  Minneapolis  Packet  Company  the  sum  of  sixty-six 
dollars  and  sixty-six  cents  ($66.66)  per  annum,  above  sum 
to  be  payable  at  the  office  of  the  city  treasurer  in  said  City  of 
St.  Paul,  on  the  first  day  of  June  of  each  and  every  year  dur- 
ing the  term  aforesaid,  and  no  buildings  now  or  hereafter 
erected  upon  said  premises  by  either  of  said  packet  compan- 
ies, their  successors  or  assigns,  shall  be  removed  therefrom 
so  long  as  any  rent  shall  be  due  and  unpaid. 

1279.  See.  3.  The  buildings  now  standing  upon  said 
premises,    and    any    and    all    buildings    hereafter    enlarged    or 

ted  thereon,  shall  be  used  only  for  the  transportation  and 
transfer  of  goods,  wares,  merchandise  and  persons,  and  in  do 
way  used  for  purposes  of  trade  by  any  person  or  persons  eon 
netted  with  said  packet  companies,  of  their  agents,  servants, 
employes,  successors  or  assigns. 

1280.  Sec.    1.     No  goods,  wares  or  merchandise  not   trans 
ported  by  said  packet  companies,  their  successors,  or  assigns, 
or  belonging  to  them,  shall  be  allowed  to  be  or  remain  in  said 
warehouse  or  the   buildings   now    or    hereafter    erected   upon 
said  premises  for  a  longer  period  than  forty-eighl   i  t8)  hours, 

lusive  of  Sundays,  withoul   paymenl   oi  a  personal  ch; 
therefor  to  said  parties  of  second  part  respectively,  according 
to  the  portion  of  the  premisi  cupied;  but  any  transient 

boat  coming  to  the  City  of  St.  Paul  with  a  cargo,  when  there 
shall  not  be  any  safe  and  convenient  place  elsewhere  on  the 
public  levee  to  land  and  discharge  cargo  between  the  wesl 
of  Robert  street  and  the  cas1  side  of  Sibley  street,  shall 
be  allowed  to  dischargi  cargo  and  pa  sengers  free  ,ol  cl 
at  the  most  convenient  point  upon  said  premises  or  the  ware 
house    now    or   hereafti  i  n    during    its    us< 

such  warehouse  b)   said  parties  of  th<  ubjeel  to 

the   same  rules  and   regulations   as   govern   said   packet   com 


to  2 

panies  above  named,  and  so  far  as  the  same  can  be  reason- 
ably done  without  prejudice  to  the  proper  use  of  said  premises 

1>\    said  packet   companies,  their  successors  and  assigns. 

1281.  Sec.  5.  Said  Qity  of  St.  Paul  shall  have,  and  it  here- 
by reserves,  the  right  to  enforce  all  its  police  regulations  over, 
in  and  to  said  warehouse  during  the  continuance  of  said 
term. 

1282.  Sec.  0.  It  shall  be  the  duty  of  said  packet  compan- 
ies, their  successors  and  assigns,  to  keep  the  approaches  to 
said  warehouse  during  the  period  of  its  occupancy  by  them 
both  from  the  land  and  water  side,  safe  and  secure  at  all 
times  for  the  free  egress  and  ingress  of  persons  and  such 
vehicles  as  may  be  necessary  to  facilitate  the  deposit,  de- 
livery and  transfer  of  goods,  wares,  merchandise  and  passen- 
gers to  and  from  their  boats  and  said  warehouse,  free  of  all 
tolls,  assessments,  wharfage  or  charges. 

1283.  Sec.  7.  If  at  any  time  either  of  said  steamboat 
companies  or  lines  should  have  their  respective  parts  of  said 
warehouse  full  of  freight,  and  temporarily  have  use  for  more 
room,  and  the  other  end  or  side  have  spare  room  not  in  use 
then  either  may,  under  such  circumstances,  be  allowed  to  un- 
load on  or  in  each  other's  part  on  such  reasonable  terms  as 
they  may  agree  upon;  but  in  case  storms  or  rain  shall  make 
it  necessary  for  either  of  said  lines  to  secure  their  freights 
before  delivery  to  the  owner  or  consignee,  then  each  shall 
have  this  temporary  privilege  without  charge  to  either. 

1284.  Sec.  8.  The  right  and  privileges  acquired  under 
this  ordinance  shall  not  be  transferred  or  assigned  to  any  per- 
son or  company  without  first  obtaining  the  consent  of  said 
common  council. 

1285.  Sec.  9.  All  buildings  and  warehouses  that  may 
hereafter  be  erected  on  said  premises  shall  be  constructed  in 
a  neat,  substantial  and  workmanlike  manner  and  to  the  sat- 
isfaction of  the  said  common  council. 

1286.  Sec.  10.  This  ordinance  shall  not  be  construed  to 
limit  or  restrict  the  powers  of  the  common  council  as  they 
are    prescribed    in    the   twenty-second    and    twenty-third    sub-j 


453 

divisions  of  section  three  (3),  chapter  four  (4),  and  the  char- 
ter of  the  City  of  St.  Paul,  approved  March  5,  is;  1,  it'  said 
council  shall  deem  it  necessary  for  the  public  good, 

1287.  Sec.  1-1.  All  ordinances  or  part  of  ordinances  or 
resolutions  conflicting  with  the  terms  of  this  ordinance  are 
hereby  repealed. 

1288.  Sec.  12.  The  terms  and  provisions  of  this  ordin- 
ance shall  be  accepted  in  writing  by  said  companies  within 
thirty   (30)   days  after  its  publication. 

Sec.  13.  This  ordinance  shall  take  effect  from  and  after 
its  publication  and  acceptance  in  writing  by  said  packet  com- 
panies.    Passed  May  20,  1890. 

SAME. 

Ordinance  No.  1898. 

(Approved  December  2,  1896.) 

1289.  An    ordinance   granting    to    the     Diamond   Jo    Line 

steamers  the  use  of  a  certain  part  and  portion  of  the 
public  levee  of  the  City  of  St.  Paul,  for  warehouse 
facilities,  for  the  times  and  upon  the  terms  and 
conditions  herein  specified. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows. 

Sec.  1.  That  permission  and  authority  is  hereby  given 
the  Diamond  Jo  Line  Steamers,  a  company  engaged  in  the  car- 
rying of  freighl  and  transportation  of  passengers  with  steam 
boats  on  the  Mississippi  and  other  rivers,  to  use  and  occupy* 
for  the  period  of  twenty  years  from  the  first  day  of  March, 
\.  I).  L896,  all  that  pari  of  the  public  levee  of  the  Cit)  of  St 
Paul,  described  as  f<  >11<  >ws,  viz  : 

Commencing  at  a  point  on  the  bank  of  the  Mississippi 
river  sixty  six  feel  wesl  of  the  line  of  the  warehouse  formerly 
belonging  to  the  Keokuk  Northern  Line  Packet  Company, 
upon  said  levee,  and  on  a  line  with  the  rbw  of  filing  in  fronl 
aid  warehouse,  if  extended  westerl}  ;  thence  one  nun 
dred  and  sixty  five  feet  westerl)  and  in  a  direct  line  of  the 
outside  face  or  pier  number  3  of  the  Roberl   streel  bridge,  to 


[54 

..  point;  thence  northerl}  and  at  right  angles  to  said  line  fifty 
feel  to  a  point;  thence  easterly  and  parallel  with  the  first 
ab<jve  mentioned  line  one  hundred  and  sixty-five  Eeel  to  a 
point;  thence  southerl}  at  right  angles  fifty  feet  to  the  poinl 
and  place  of  beginning;  upon  which  said  piece  or  parcel  of 
land  said  Diamond  Jo  Line  steamers  arc  hereby  authorized 
and  permitted  to  maintain  their  corrugated  iron  covered 
warehouse  now  standing  thereon.  Said  Diamond  Jo  Line 
Steamers,  as  rent  for  the  above  described  land,  piece  and  por- 
tion of  said  levee,  is  to  pay  into  the  city  treasury  of  the  City 
it.  I  "and  at  the  date  and  time  of  its  acceptance  hereof  the 
sum  of  five  dollars,  and  annually  thereafter  the  like  sum  of 
five  dollars  is  to  be  paid  into  the  city  treasury  aforesaid,  by 
said  line,  as  the  animal  rent  thereof. 

1290.  Sec.   2.     The  foregoing  permission  and  authority  to 

occupy  that  part  of  the  public  levee  hereinbefore  described, 
by  the  Diamond  Jo  Line  steamers,  is  granted  upon  the  fur- 
ther express  conditions  following,   to-wit : 

First — That  said  warehouse  shall  be  used  for  no  other 
purpose  than  for  the  transfer  of  goods,  wares  and  merchan- 
dise, and  persons  shipped  or  transported  by  or  upon  vessels 
navigating  the  Mississippi  river  and  its  tributaries,  and  shall 
in  no  way  be  used  for  purposes  of  trade  or  traffic  by  any  per- 
si  m  pr  persons. 

Second — That  no  goods,  wares  or  merchandise  shall  be 
allowed  to  be  or  remain  on  said  warehouse  for  a  longer 
period  than  four  days,  exclusive  of  Sundays,  and  any  tran- 
sient boat  coming  to  this  city  with  a  cargo  #  shall  be  allowed 
to  discharge  its  cargo  and  passengers  free  of  charge  at  the 
most  convenient  point  in  said  warehouse. 

Third — That  the  said  Diamond  Jo  Line  Steamers  shall 
keep  the  approaches  of  said  warehouse,  both  from  the  land 
and  waterside,  and  also  the  ends  thereof,  convenient  and  se- 
cure at  all  times  for  the  free  egress,  ingress  and  regress  of 
persons  and  vehicles,  as  may  be  necessary  and  required  to 
facilitate  the  deposit.'  delivery  and  transfer  of  goods,  wares 
and  merchandise  and  passengers  to  and  from  the  boats  and 
warehouse,  free  of  all  tolls,  assessments,  wharfage  or 
charms. 


455 

Fourtn — That  the  said  Diamond  Jo  Line  Steamers  will 
relinquish  and  surrender  to  any  steamboat  company  at  any 
time  the  Common  Council  may  so  order,  so  much  of  said 
warehouse  as  the  Common  Council  ma)  derm  for  the  besl 
interest  of  said  steamboat  navigation  and  said  city,  upon  said 
steamboat  company  paying  its  pro  rata  share  to  said  Diamond 
Jo  Line  Steamers,  of  the  cost  of  the  said  buildings  and  im- 
provements, for  the  part  used  by  it. 

1291.  Sec.  :!.  That  this  ordinance  shall  not  in  any  man- 
ner limit  or  restrain  the  powers  of  the  Common  Council  as 
they  are  prescribed  in  the  S2d  and  23d  subdivisions  of  section 
'.),  chapter  1.  of  the  charter  of  said  City  of  St.  Paul,  approved 
March  5,  1874,  being  consecntive  section  number  79,  Muni- 
cipal Code  of  St.  Paul,  1884,  if  said  Council  shall  deem  it 
necessary  for  the  public  good. 

1292.  Sec.  !.  That  the  permission  and  authority  to  main- 
tain its  warehouse  granted  by  this  ordinance  to  the  Diamond 
Jo  Line  Steamers  shall  in  no  event  be  assigned  or  transferred 
to  any  other  person,  company  or  corporation,  except  with  the 
consent  of  the  Common  Council  of  the  City  of  St.  rani,  and 
any  assignment  shall  operate  as  a  repeal  of  this  ordinance. 

1293.  Sec.  ■'».  The  Common  Council  reserves  the  right  to 
enforce  all  it>  police  regulations  over,  in  ami  to  said  ware- 
house, and  to  alter,  modify  or  repeal  this,  ordinance  when  in 
tin-  opinion  of  the  Common  Council  the  public  interest  re- 
quires it  to  be  d<  me. 

1294.  Sec.  'i.     The  Diamond  Jo  Line  Steamers  shall  with- 
hirty   days   from   and  after  the  passage  of  this  ordinance, 

file  with  the  City  Clerk  of  said  City  of  St.   Paul,  a  notice  or 
resolution  or  agreement,  in  its  usual  form  of  executing  agree 
ments   obligatory    upon    itself,   accepting    this   ordinance,    to 

^dlicr  with  and  upon  the  terms  and  conditions  herein  con- 
tained, and  if  said  Diamond  Jo  Line  steamers  -hall  neglecl 
or  refuse  to  accepl  this  ordinance  or  comply  with  the  terms 
hereof,  and  all  singular  as  aforesaid,  then  this  ordinance  --hall 

be  Vi  'id  and  <  >f  no  eflfei  t. 

1295.  Sec.   7.     This  ordinance  --hall  be  in   Forci    io.ni  .mil 

after  its  p 


156 

Ordinance  No.  2244. 
(Approved  Jan.  s.  1902.) 

1296.  An  Ordinance  relating  to  the  use  of  a  portion  of  the 

public  levee  in  the  City  of  St.  Paul  for  steamboat 

landings  and  warehouse  purposes. 
The  Common   Council  of  the  City  of   St.    Paul  do  ordain  as 
follows  : 

Sec.  1.  The  City  of  St.  Paul  having  heretofore  granted 
to  the  Diamond  Jo  Line  steamers  and  the  St.  Louis,  St.  Paul 
and  Minneapolis  Packet  Company  certain  wharfage  and 
warehouse  privileges  upon  the  public  levee  on  the  west  bank 
of  the  Mississippi  River,  upon  certain  terms  and  conditions  to 
be  kept  and  performed  by  each  of  said  companies  respective- 
ly, winch  terms  and  conditions  are  particularly  specified  in 
that  certain  ordinance  known  as  Ordinance  Xo.  1337,  ap- 
proved May  20,  1890,  the  substantial  provisions  of  which 
were  also  incorporated  into  a  certain  lease  executed  by  said 
respective  companies  and  by  the  officers  of  the  City  of  St. 
Paul,  under  the  direction  of  its  Common  Council,  bearing 
date  the  2nd  day  of  June,  1890,  and  said  St.  Louis,  St.  Paul 
and  Minneapolis  Packet  Company  having  for  a  number  of 
years  last  past  failed  to  pay  the  annual  rental  stipulated 
in  said  ordinance  and  said  lease,  and  having  failed  and  ne- 
glected to  exercise  any  of  the  privileges  conferred  thereby, 
and  the  City  of  St.  Paul,  by  reason  of  such  default  having  re- 
entered upon  and  taken  possession  of  all  that  part  of  said 
public  levee  authorized  by  said  ordinance  and  by  said  lease 
to  be  used  and  occupied  by  said  St.  Louis,  St.  Paul  and  Min- 
neapolis Packet  Company,  as  by  said  ordinance  and  said 
lease  said  City  was  authorized  to  do  in  case  of  such  default ; 
now.  for  the  purpose  of  effectually  declaring  such  forfeiture 
and  re-entry,  it  is  hereby  declared  that  all  the  rights  and 
privileges  granted  to  said  St.  Louis,  St.  Paul  and  Minneapo- 
lis Packet  Company  in  and  by  the  terms  of  said  lease  and 
said  ordinance  respectively  are  hereby  forfeited,  annulled  and 
terminated. 

1297.  Sec.  2.     In  place  and  stead  of  the  rights,  privileges 
and   authorities   granted   to   the    Diamond   Jo   Line    steamers 


■l-"l  1 

tinder  the  provisions  of  the  ordinance  of  May  20,  1S90,  and  in 
place  and  stead  of  the  privileges  heretofore  granted  said  com- 
pany  to   construct   and   maintain   a.  warehouse   on   said    levee 
west  of  the   west  line  of  Jackson  street  as  extended  to   the 
Mississippi  river,  under  the  provisions  of  Ordinance  No.  1898, 
approved  December  2,  1896,  hereinabove  referred  to,  and  in 
place  and  stead  of  the  privileges  granted  to  them  by  the  lease 
referred   to    in   the   first   section   of   this   ordinance,   and   upon 
the    conditions    hereinafter     named,     said     Diamond    Jo    l.ine 
steamers,  a  company  engaged  in  the  carrying  of   freight  and 
the    transportation    of    passengers    with    steamboats    on    the 
Mississippi   River,   is   hereby   granted   the   right    to   move   the 
warehouse    now    owned    and   occupied    by    said    company    and 
located  on  the  public  levee  west  of  Jackson  street,  to  a  point 
on   the   shore   line  of  said   levee   immediately   adjacent   to  the 
west    line    of    Sibley   street,    extended    to   the    present   harbor 
line  as  recently  filled  out  and  extended  by  the  St.  Paul  Union 
Depot  Company,  under  the  provisions  of  Ordinance  No.  2172, 
approved    February  25,    L901,    and    to    re-fit   said    warehouse 
building  in  a  suitable  manner,  to  be  used  for  the  receipt  and 
discharge  of  freight  and  passengers  to  and  from  its  boats  ply- 
ing upon  said   Mississippi  River,  and  for  that   purpose,  there 
is  hereby   granted  and   confirmed  to  said   Diamond  Jo    Line 
Steamers   the   right   to  use  and   occupy   until   the    first    day  of 
June.  1920,  that  part  qi  said  public  levee  described  as  follows: 
Commencing  at  a  point  where  the  westerly  line  of  Sibley 
street,  as  originally  platted,  intersects  a  line  parallel  with  and 
fifty-five    (55)    feel    northerly    from    the   harbor   line   on    the 
westerl)   shore  of  the  Mississippi  River  as  last  established  l>\ 
the   United     States     Engineers,     between   Sibley   street    and 
Jackson  street  in  the  City  of  St.   Paul;  running  thence  wesl 
crly  along  said  parallel  line,  a  distance  of  one  hundred  sixt} 
fiv<-    (165)    feet;    thence    southerly    at    right    angles    a    dis 
tance  of  fift)  five   (55)   feet   to  -aid  harbor  line;  thence  easl 
crly  along  said  harbor  line  a  distance  of  one  hundred   3i 
five  (165)  feet;  thence  northerly,  at  right  angles  to  said  har 
bor  line,  a  distance  of  fift)  five  I  •"'■">  i  feel  to  the  place  of  b< 
ning. 


1298.  Sec.  '■'<.  The  privilege  and  authority  granted  and 
confirmed  to  the  Diamond  Jo  Line  steamers  under  the  second 
section  ol  this  ordinance  is  made  upon  the  express  condition 

that  it  shall  release  and  relinquish  to  the  City  of  St.  Paul  all 
rights  and  privileges  heretofore  conferred  upon  it  in  any 
manner  or  form  whatever  to  use  and  occup)  any  other  por- 
tion of  the  public  levee  on  the  west  hank  of  the  Mississippi 
River  in  the  City  of  St.  Paul,  and  shall  remove  therefrom  any 
and  all  structures  owned  or  maintained  by  it  thereon  other 
than  the  one  hereinbefore  referred  to;  upon  the  further  con- 
dition that  it  shall  accept  this  ordinance  in  writing'  as  herein- 
after provided,  and  at  the  same  time  and  annually  on  or  he- 
ft-re  the  same  day  of  each  succeeding  year  thereafter  during 
the  period  covered  by  this  grant  shall  pay  to  the  City  Treas- 
urer of  the  City  of  St.  Paul,  for  the  nse  of  said  premises,  the 
sum  of  fifty  ($50)  dollars;  upon  the  further  condition  that  the 
premises  hereby  granted  shall  be  used  for  no  other  purpose 
than  as  a  landing  place  for  boats  and  vessels  and  that  said 
warehouse  shall  be  used  for  no  other  purpose  than  for  the 
transfer  of  goods,  wares  and  merchandise,  and  persons  ship- 
ped or  transported  by  or  upon  vessels  navigating  the  Mis- 
sissippi River  and  its  tributaries,  and  that  said  premises,  or 
any  portion  thereof  shall  in  no  way  be  used  for  purposes  of 
trade  or  traffic  by  any  person  or  persons  ;  upon  the  further 
condition  that  the  City  of  St.  Paul  shall  have  the  right  to  en- 
force all  its  police  regulations  upon  said  premises;  that  this 
ordinance  shall  not  in  any  way  impair,  limit  or  restrict  the 
1  lowers  of  the  Common  Council  over  wharves,  piers  or  land- 
ings as  conferred  by  the  charter  of  said  city,  and  that  there  is 
reserved,  anything  herein  to  the  contrary  notwithstanding, 
to  the  Common  Council  of  said  city,  the  right  to  alter,  modify 
or  repeal  this  ordinance  when  in  the  opinion  of  the  Common 
Council  the  public  interest  required  it  to  be  done  ;  upon  the 
further  condition  that  the  permission  and  authority  hereby 
granted  shall  in  no  event  be  assigned  or  transferred  to  any 
other  person,  company  or  corporation  except  with  the  con- 
sent of  the  Common  Council  of  the  City  of  St.  Paui ;  upon  the 
further  condition  that  whenever  in  the  opinion  of  the  Com- 
mon Council  the  public  necessity  shall  require,  the  Common 


4:.!  I 

Council,  by  resolution  or  ordinance,  may  require  the  said  Dia- 
mond Jo  Line  steamers  to  permit  any  transient  boat  plying 
upon  said  Mississippi  River,  desiring  to  land  with  cargo  or 
passengers  at  the  City  of  St.  Paul,  to  land  at  the  wharf  or 
piers  maintained  by  said  Diamond  Jo  Line  steamers  and  to 
discharge  its  cargo  and  passengers  free  of  charge  at  the  most 
convenient  point  upori  said  premises  and  for  such  purpose  to 
use  under  proper  rules  and  regulations,  to  be  adopted  and 
promulgated  by  said  Diamond  Jo  Line  steamers,  the  ware- 
house and  passenger  station  maintained  by  said  compan) 
thereon,  and  said  Diamond  Jo  Line  steamers  during  the  time 
such  direction  of  the  Common  Council  shall  remain  in  force 
shall  afford  to  such  transient  steamers  the  facilities  above  re- 
ferred to. 

1299.  See.  I.  Nothing  contained  in  this  ordinance  shall 
be  construed  as  a  guaranty  on  the  part  of  the  City  of  St.  Paul 
that  it  has  the  right  or  authority  to  grant  the  privileges  here- 
by conferred,  or  to  receive  compensation  from  the  grantee 
herein  named  tin  Teh  >r. 

1300.  See.  5.  The  Diamond  Jo  Line  steamers,  the  grantee 
herein,  shall  at  all  times  keep  the  premises  hereinabove  de- 
scribed, in  a  proper  ami  safe  condition  for  the  use  of  all  per- 
sons lawfully  thereon  or  passing  over  an\  portion  of  said 
premises,  and  shall  keep  and  hear  harmless  the  City  of  St. 
Paul  from  any  and  all  claims  for  damages  in  any  wa\  arising 
out  of  it>  use  and  occupation  of  said  premises  as  hereinbe 
fore  authi  »rized. 

1301.  Sec.  'i.  The  said  Diamond  Jo  Line  steamers,  within 
thirty  days  after  tin-  passage  and  approval  of  this  ordinance 

shall  file  in   the  office  of  the  Cit\    Clerk  of  tin'  Cil\    of  St.    Paul 

its  written  acceptance  thereof  and  of  all  the  terms  ami  con 
ditions  thereof,  together  with  an  agreemenl   upon  its  part   to 
keep  and   perform   the   same,  said   acceptance   i*1  he   in   such 
form    as   shall    he    approved     1>\      the     Corporation    Attorney  : 
otherwise  this  ordinance  shall  be  "i  no  force  and  eff< 

1302.  Sec.  ;.  This  ordinance  shall  take  effect  and  he  in 
force  from  and  after  its  passage,  publication  and  approval  as 
hereinbefore  pn  >\  ided. 


Kill 

ST.  LOUIS  AND  ST.  PAUL  PACKET  COMPANY. 

Ordinance  No.  1014. 

I  Approved  September  5,  L888.) 

1303.  An  Ordinance  to  amend  an  ordinance  entitled  "An 
ordinance  to  provide  for  the  improvement  of  the 
public  levee,"  approved  July  23,  1873. 

Whereas,  The  Keokuk  Northern  Line  Packet  Company 
has  transferred  all  of  its  right  and  interest  in  and  to  the  ware- 
house "li  the  public  levee,  authorized  to  be  erected  under  and 
by  virtue  of  that  certain  ordinance  entitled  "An  ordinance  to 
provide  for  the  improvement  of  the  public  levee/'  approved 
Jul}-  23,  18.73,  and  all  of  the  rights  and  privileges  to  which 
said  company  was  entitled  under  and  by  virtue  of  said  ordi- 
nance ;  therefore, 
The   Common   Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

1301.  Sec.  1.  That  all  the  privileges  granted  to  the  Keo- 
kuk Northern  Line  Packet  Company,  by  an  ordinance  en- 
titled "An  ordinance  to  provide  for  the  improvement  of  the 
public  levee."  approved  July  23,  1873,  be  and  the  same  is 
hereby  transferred  to  the  St.  Louis  and  St.  Paul  Packet 
Company  upon  like  terms  and  conditions  as  granted  said 
Keokuk  Northern  Line  Packet  Company  in  said  ordinance 
aforesaid. 

Sec.  2.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

i  See  Sec.  917.  this  Article.) 

C.  E.  DICKERMAN. 

Ordinance  No.  1888. 

(Approved  Aug.  1".  1896.) 

1305.         An   Ordinance  authorizing  C.   E.   Dickerman  to  run 
a  pipe  across   Minnesota  street  for  the  purpose  of 
conducting  steam. 
The  Common   Council  of  the  City  of   St.   Paul  do  ordain  as 
f<  'Hows  : 

Sec.  1.     That  authority  and  permission  be  and  the  same 
are  hereby  given  to  C.  E.  Dickerman  to  excavate  across  and 


461 

under  the  surface  of  Minnesota  street  from  the  Berrisford 
building-  situated  on  lots  10  and  11,  block  !.  St.  Paul  I'roper. 
to  the  Smith-Farwell  Co.  Building  located  on  lot  12,  block 
5.  St.  Paul  Proper,  and  to  lay  across  and  underneath  the  sur- 
face of  said  street  from  said  Berrisford  Building  to  said 
Smith-Farwell  Company  building  a  pipe  for  the  purpose  of 
conducting  steam  to  said  Berrisford  Buildings  All  work 
shall  be  under  the  supervision  and  to  the  satisfaction  of  the 
Ciiy  Engineer  of  the  City  of  St.  Paul.  Provided,  however, 
that  said  C.  E.  Dickerman  shall  execute  and 'deliver  to  the 
city  a  bond  in  such  sum  and  upon  such  conditions  as  shall, 
be  approved  by  the  Corporation  Attorney  before  such  exca- 
vation is  made. 

Sec.  2.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

EAST  SIDE  ELECTRIC  COMPANY. 

Ordinance  No.  1659. 

(Approved  February   11.  C893.) 

1306.  An  Ordinance  granting  permission  to  the  East  Side 
Electric  Company  to  erect  poles  and  string  its 
wires  upon  streets  in  a  portion  of  the  City  of  St. 
Paul,  for  the  purpose  of  furnishing  electric  light 
and  power.  ■ 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
Follows : 

Sec   I.     Thai   the  East  Side   Electric  Company  is  hereby 

granted  permission  to  erect  poles  and  string  wires  thereon  for 

trie  lighting  and   the   furnishing   of  power  along  and    upon 

all  the  street-,  in   the  Cit}    of  St.    Paul  lying   in   that   portion   of 

Said    city    cast    of   a    line    drawn    from    the    intersection    of      the 

Mississippi  river,  at  the  foot  of  Kittson  street,  upon  the  terms 

and   condition-    herein    stated,   under    the    supervision    and    sub- 

to  the   inspection  and  control  of  the  cit)    engineer,  and 

upon  and  under  the  following  conditions  and  instructions, 
towil  : 

Such  pole-  shall  he  thirty  five  in  height  above 

the  ground,  and   -hall  he  nol   less  than   fourteen   illi   inches 


Mi-.' 

in  diameter  at  the  bottom  and  six  (6)  inches  at  the  top,  and 
shall  be  placed  at  Mich  depth  in  the  ground  as  the  cit}  engi- 
neer may  direct  to  secure  their  safety.  They  shall  be  planed, 
and  be  painted  of  a  dark  color  for  the  distance  of  six  (6)   feet 

from  the  ground,  and  from  that  point  to  the  top  they  shall 
he  painted  white.  They  shall  set  at  such  distances  apart 
from  each  other  and  at  such  places  in  the  street  as  may  he 
designated  by  the  city  engineer. 

In  case  any  other  corporations,  companies  or  persons, 
are  now,  or  shall  he  at  any  time  hereafter,  permitted  by  the 
common  council  of  -aid  cit}-  to  erect  poles  and  string  its 
wires  for  the  purpose  of  electric  lighting  and  furnishing 
power  in  said  city,  or  the  use  of  the  streets  of  said  city  for 
said  purposes,  and  such  corporation  or  corporations,  corn- 
pan}-  or  companies,  person  or  persons  shall  desire  to  use  the 
poles  so  erected  by  said  East  Side  Electric  Company  for  the 
purpose  of  supporting  wires  for  such  purposes,  such  corpora- 
te m.  company,  or  person,  shall  he  entitled  to  do  so  upon  pay- 
ing to  said  East  Side  Electric  Company,  or  its  successors, 
the  proportionate  share  of  all  costs  to  procure  and  erect  such 
poles,  to  be  determined  as  follows:  Upon  the  erection  of 
poles  upon  any  of  said  streets,  said  East  Side  Electric  Com- 
pany shall  immediately  report  to  the  city  engineer  the  actual 
cost  of  such  poles  and  erection  thereof,  and  said  city  engineer 
shall  ascertain  and  determine  the  actual  cost  of  said  poles 
and  the  erection  thereof,  and  certify  as  to  the  amount  he  shall 
find  to  he  correct,  and  keep  a  record  thereof  in  his  office  for 
public  inspection. 

Upon  the  first  application,  as  aforesaid,  to  use  the  poles 
erected,  the  applicant  shall  pay  the  said  East  Side  Electric 
Company  one-half  (l/2)  of  said  actual  cost  of  said  poles,  so 
determined  by  said  cit}-  engineer,  and  in  case  of  a  second 
application,  the  applicant  shall  pay  one-third  I  1-:! )  of  such 
the  same  to  he  divided  equally  between  the  East  Side 
Electric  Company  and  the  first  applicant,  and  successive  ap- 
plicants shall  pay  their  proportionate  share  of  such  costs  in 
like  manner,  and  the  same  to  he  divided  proportionately  in 
like  manner  as  above",  and  all  applicants  so  paying  their  pro- 
portionate  share  of  said  costs   shall  hecome  and  he   In-  com- 


raon  consent  joint  owners  with  the  said  East  Side  Electric 
Company  of  said  poles,  and  shall  be  entitled  to  use  them  for 
the  purpose  of  electric  lighting  and  furnishing  power. 

And  it  is  conditioned  that  if  any  other  corporation,  com- 
pany, or  persons  shall  procure,  or  has  procured,  like  permis- 
sion from  said  common  council  to  erect  poles  on  said 
streets,  or  any  of  them,  and  shall  have  actually  erected  its 
poles  on  such  street  or  streets,  that  the  permission  hereby 
granted  is  withdrawn  as  to  such  streets,  and  said  East  Side 
Electric  Company  shall  be  restricted  to  using  such  poles  al- 
ready erected,  or  as  may  be  erected  before  the  East  Side 
Electric  Company  shall  have  erected  its  poles  thereon,  under 
like  conditions  as  herein  stated. 

1S07.  Sec.  2.  The  said  East  Side  Electric  Company  shall 
at  all  times  obey  such  further  and  additional  requirements  as 
the  common  council  of  said  city  shall  impose  in  the  premises, 
and  shall,  when  so  required,  remove  any  ami  all  of  said  poles 
or  wires  from  off  the  streets  at  its  own  cost  and  expense 
"hen  so  required  by  said  common  council,  and,  also,  il 
required,  place  any  and  all  of  said  wires  tinder  ground  and 
e  the  poles  at  its  own  expense. 
And  the  common  council  reserves  the  power  t<>  at  any 
time  amend  or  repeal  this  ordinance,  and  nothing  herein  con- 
tained shall  be  deemed  to  grant  any  exclusive  rights  to  use 
the  said  street--  for  the  purpose  herein  contained. 

1308.  .  ■'>.     'I'lii-  said  East  Side  Electric  Compan)    ; 

by  assumes  all  liabilities  that  may  he  caused  by  the  erection 
of   such    poles   and    the    stringing   of   iis    wins    thereon,    and 
shall   ai    all   times   save  the   City   of   St.    I 'aid    harmless   i! 
from  and  from  all  damages  arising  out  of  the  use  01 

ny  privileges  hereb)   granted  as  to  the  erection  of  poles 
and    tin-  maintenance  of   win-  along   and    upon   any   of   s:,j,| 
streets,  and  shall  execute  and  deliver  to  said  cit)    a  bond   in 
the  penal   sum   of  five   thousand  dollars   ($5,000),  saving 
city  harmless  in  the  premises.     Trior  to  the  taking 
this  ordinance  -aid  bond  to  he  approved  1>\    the  corporation 
attorney,  and  the  violation  of  anj  of  the  privileges  of  th 
dinance    -hall    render    this   ordinance    null    and    void,   at    the 
lid  commi hi  c luncil. 


Mil 

1309.  Sot.-.  I.  The  East  Side  Electric  Company  shall 
within  thirty  (30)  days  after  the  passage  and  approval  of 
this  ordinance  execute  and  file  with  the  city  clerk  a  bond  and 
a  written  acceptance  of  all  the  provisions  of  this  ordinance, 
in  form  to  he  approved  by  the  corporation  attorney,  other- 
wise this  ordinance  shall  have  no  force  or  effect. 

1310.  See.  5.  All  rights  granted  under  this  ordinance 
shall  cease  and  determine  unless  at  least  one  (1)  mile  of  elec- 
tric wiring  for  the  purposes  hereinbefore  stated  shall  be  laid 
and  in  operation  within  six  (6)  months  after  the  passage  and 
acceptance  of  this  ordinance. 

Sec.  6.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication  and  the  filing  of 
said  bond  and  acceptance  thereof,  as  hereinabove  provided. 

SAME. 
Resolution  of  the  Common  Council. 

(Approved  February  Id,  1896.) 

1311.  Resolved,  That  the  East  Side  Electric  Company,  a 
co-partnership  consisting  of  Gebhard  Bohn  and  Charles 
Cristadoro,  is  hereby  authorized  to  assign  and  transfer  unto 
the  East  Side  Electric  Company  of  St.  Paul,  a  corporation  or- 
ganized under  the  laws  of  the  state,  all  the  right,  title,  in- 
terest and  franchises  to  which  said  co-partnership  is  entitled 
under  or  by  virtue  of  an  ordinance  of  this  city,  No.  1659,  en- 
titled "An  Ordinance  granting  permission  to  the  East  Side 
Electric  Company  to  erect  poles  and  string  its  wires  upon 
the  streets  in  a  portion  of  the  City  of  St.  Paul  for  the  purpose 
of  furnishing  electric  light  and  pow-er,"  and  that  said  cor- 
poration, the  East  Side  Electric  Company  of  St.  Paul,  upon 
the  execution  and  delivery  of  such  assignment,  shall  become 
vested  with  all  the  rights,  title,  interest  and  franchises  to 
which  said  Co-partnership  was  theretofore  entitled,  and  sub- 
ject to  all  the  duties  and  obligations  imposed  by  said  ordi- 
nance upon  said  co-partnership,  so  far  as  the  same  have  not 
already  been  lawfully  discharged. 

(Rights  acquired  by  purchase  by  Edison  Electric  Light,  Heat 
and  Power  Co.) 


465 

ECONOMY   STEAM   HEAT  COMPANY. 

Ordinance  No.  916. 

(Approved  April  5,  L888.) 

1312.         Granting  to  the  Economy  Steam  Heat  Company  the 
right  to  use  certain  streets. 

The  Common  Council  of  the  City  of  St.    Paul  do  ordain  as 

f<  >11(  >ws: 

Sec.  1.  That  the  privilege  is  hereby  granted  unto  the 
Economy  Steam  Heat  Company,  its  successors  and  assigns, 
to  erect  such  telegraph  poles  for  the  purpose  of  carrying  elec- 
tric currents  in  the  streets  of  the  City  of  St.  Paul,  at  such 
place  or  places  and  on  the  streets  hereinafter  named  and 
specified,  and  such  other  streets  as  may  hereinafter  be  ap- 
proved by  the  common  council  of  St.  Paul,  under  the  super- 
vision of  the  city  engineer  and  the  committee  on  streets. 
Such  poles,  together  with  the  wires  thereon,  to  be  subject  to 
removal  to  such  place  or  places  as  the  common  council  may 
a;  any  time  direct,  at  the  cost  and  expense  of  said  Econonvj 
Steam  Heat  Company,  its  successors  and  assigns.  The  said 
Company,  its  successors  and  assigns,  assumes  all  liability 
thai  may  be  caused  or  created  by  the  erection  of  such  poles 
and  the  use  of  said  electric  light,  and  shall  at  all  times  save 
the  City  of  St.  Paul  harmless  therefrom  and  from  all  damages 
growing  out  thereof. 
(As  amended  by  Ord.  No.  1707,  approved  Sept.  L9,  L893,  §  L.) 

1313.  2.  Nothing  herein  contained  shall  give  to  said 
Economy  Steam  Meat  Company,  its  successors  and  assigns, 
the  exclusive  privilege  of  using  the  electric  lights  in  the  Citj 

• .  I 'aul,  i >r  an\  pan  there* if. 
(As  amended  by  Ord.  No.  1707,  approved  Sept.  L9,  1893,  §  1.) 

1314.  Sec.  :;.  The  Economy  Steam  Ileal  Company,  its 
successors  and  assigns,  is  hereby  permitted  to  use  poles  For 
stringing  wire-  for  conveying  electric  currents  and  for  the 
purpose  of  providing  lighl  and  power  upon  and  along  the  Fol- 
lowing named  streets  in  said  Cit)  of  Si.  Paul  to-wit:  On 
Third    street,   from    Washington    street    to    Broadwaj    sti 

on    Fourth   street,   from   Seven   Corm 


Mill 

and  on  Fifth,  Sixth.  Seventh  and  Eighth  streets,  to-wil  : 
Broadway,  Wacouta,  Rosabel,  Sibley,  Jackson,  Minnesota, 
Cedar,    Wabasha,    St.    Peter,    Market    and   Washington,    the 

erection  of  such  telegraph  poles  upon  each  and  all  of  the 
above  named  streets  between  the  points  on  each,  as  above 
mentioned,  to  be  under  the  supervision  of,  and  subject  to  the 

inspection  and  control  of  the  city  engineer  and  committee  on 
streets  of  said  common  council,  and  upon  and  under  the  fol- 
lowing conditions  and   instructions,   to-wit:     Such    poles   and 

each  ^i  them  shall  not  be  less  than  forty  (40)  feet  in  height 
above  the  ground,  and  shall  not  be  less  than  ten  (10)  inches 
in  diameter  at  the  bottom,  and  six  (6)  inches  in  diameter  at 
the  top;  they  shall  all  be  planed  and  shall  be  painted  a  dark- 
color  for  the  distance  of  six  (6)  feet  from  the  ground,  and 
from  that  point  to  the  top  they  shall  be  painted  white  ;  they 
shall  be  set  one  hundred  (100)  feet  apart,  except  otherwise 
expressly  permitted  by  the  city  engineer,  and  at  least  five  I  5  I 
feet  at  the  top  of  all  poles  of  said  company,  its  successors  and 
assigns,  shall  be,  in  consideration  of  the  passage  of  this  or- 
dinance, the  exclusive  property  of  the  city  and  reserved  for 
the  use  of  the  fire  and  police  departments  of  said  city,  and 
ip  case  any  other  corporation,  companies  or  persons  are  now 
or  ^hall  be  at  any  time  hereafter  permitted  by  the  common 
council  of  said  city  to  erect  poles  or  string  its  wires  for  the 
purpose  of  electric  lighting  in  said  city,  or  to  use  the  above 
mentioned  streets  between  the  points  upon  each  above  speci- 
fied for  snch  purpose,  and  such  corporation  or  corporations, 
company  or  companies,  person  or  persons,  as.  shall  desire  to 
use  the  poles  so  erected  by  said  Economy  Steam  Heat  Com- 
pany, its  successors  and  assigns,  for  the  purpose  of  support- 
ing the  wires  for  snch  purpose,  such  corporations,  companies 
or  persons  shall  be  entitled  to  dr  so  upon  paying  to  said 
Economy  Steam  Heat  Company,  its  successors,  or  assigns, 
the  proportionate  share  of  the  cost  of  procuring  and  erecting 
snch  poles,  to  be  determined  as  follows: 

Qpon  the  erection  of  poles  upon  any  of  said  streets,  said 
Economy  Steam  Heat  Company,  its  successors  and  assigns, 
shall  immediately  report  to  the  said  city  engineer  the  actual 

of  snch  poles  as  erected  and  said  city  engineer  shall  as- 


in; 

certain  and  determine  the  actual  cost  of  said  poles  so  erected, 
and  certify  the  amount  which  he  shall  find  to  be  correct  and 
keep  a  record  thereof  in  his  office  for  public  inspection. 

Upon  the  first  application  as  aforesaid  to  use  the  poles  so 
erected,  the  applicant  shall  pay  to  said  Economy  Steam  Heal 
Company,  its  successors  and  assigns,  one-half  (l/2)  said  actual 

of  said  poles,  as  determined  by  said  city  engineer,  and 
in  case  of  a  second  application  the  applicant  shall  pay  one- 
third  I  1-3)  of  such  cost,  the  same  to  be  divided  equally  be- 
tween the  said  Economy  Steam  Neat  company,  its  successors 
and  assigns,  and  the  first  applicant  ;  and  successive  applicants 
shall  pay  their  proportionate  share  of  such  cost,  the  same  to 
be  divided  proportionately  in  like  manner,  and  all  applicants 
so  paying  their  proportionate  share  of  the  costs  of  said  poles 
shall  become,  and  be.  by  common  consent,  joint  owners  with 
the  ^aid  Economy  Steam  Heat  Company,  its  successors  and 
us.  of  said  poles,  and  shall  be  entitled  to  use  them  for 
the  purpose  of  electric  lighting  as  long  as  they  do  not  o 
within  a  distance  of  ten  (10)  feet  of  the  lowest  wire  on  said 
poles  owned  and  operated  by  the  Economy  Steam  Neat  Com 
pany,  its  successors  and  assigns.  And  it  is  conditional  that 
if  any  other  company  or  companies,  or  persons  (other  than 
corporations,  companies  or  persons,  the  Arc  light  system), 
having  procured,  or  shall  procure,  like  permission  from  said 
common  council  to  erect  pole-  mi  said  streets,  or  an\  of  them. 
between  the  points  upon  such  hereinabove  named  streets,  and 

een  points  named  hereinabove,  before  said  Economy 
Steam   Heal   Company,  it-  successors  and  assigns,  shall  have 

ed  it-  pole-  on  said  street,  then  the  permission  hereb) 
granted  be  withdrawn  as  to  such  street,  and  -:n'd  Economy 
Steam  Neat  Company,  its  successors  and  assigns,  shall  be 
I  to  using  such  poles  then  and  there  alread)  erected 
under  the  conditions  as  herein  contained.  \nd  it  is  (  xpressl) 
conditioned  and  provided  that  in  <  >  ■  said  Economj  Swam 
I  bat    Company,   its  trs   ami   assigns,   shall    refus< 

allow  any  applicant,  on  paymenl  or  tender  of  paymenl  of  the 
proportionate  amount  therefor,  and  to  sell  to  such  applicant 
such  proportion  of  said  poles  a-  herein  provided,  thereupon 
the   righl    of  said    Economy   Steam    Heal    Company,   it- 


li;s 

r-  and  assigns,  to  erect  and  maintain  its  said  poles  upon 
the  Streets  of  said  city  shall  cease,  and  the  same  shall  he  forth- 
with   removed    from   said   streets,   or  any   of  them,   upon   and 
under  the  order  and  direction  of  the  common  council. 
i  \->  amended  by  Ord.  No.  1707J  approved  Sept.  19,  1893,  §  1.) 

1315.  Sec.  1.  The  poles  herd)}-  authorized  to  be  erected 
shall  be  planed  and  painted,  and  shall  be  set  in  the  sidewalk 
close  to  the  gutter  or  curb;  unless  special  directions  are  other- 
wise given  by  the  city  engineer.  All  poles  must  he  erected 
to  the  satisfaction  and  approval  of  said  engineer  and  com- 
mittee on  streets. 

1316.  Sec.  5.  Whenever  any  street  on  which  any  pole  shall 
have  been  set  shall  be  graded  or  paved  the  said  Economy 
Steam  Ileal  Company,  its  successors  and  assigns,  at  its  own 
cost,  shall  reset  said  pole  so  as  to  conform  to  the  street  as 
reconstructed. 

(As  amended  by  Ord.  No.  1707,  approved  Sept.  19,  1893,  §  1.) 

1317.  Sec.  6.  The  common  council  reserves  the  right  to 
order  and  cause  any  or  all  of  said  wires  to  be  laid  under- 
ground at  any  time,  and  to  order  any  and  all  of  the  poles 
removed  from  off  the  streets,  or  either  of  them,  whenever  it 
may  deem  proper  to  lay  the  wires  of  said  company,  its  suc- 
cessors and  assigns,  underground. 

(As  amended  by  Ord.  Xo.  1707,  approved  Sept.  19,  1893,  §  1.) 

1318.  Sec.  ].  And  it  is  expressly  provided  that  the  ac- 
ceptance of  this  permission  by  the  Economy  Steam  Heat  Com- 
pany,  its  successors  and  assigns,  either  by  resolution  of  its 
hoard  of  directors  or  by  acting  hereunder,  by  the  erection  of 
its  poles  and  fully  complying  with  all  the  terms  and  conditions 
of  this  ordinance,  shall  be  an  acceptance  of  all  the  conditions 
and  provisions  of  this  ordinance  as  herein  contained;  and  it  is 
further  provided,  that  the  rights  hereby  granted  are  further 
subject  to  all  the  conditions  and  requirements  of  either  or 
any  of  the  ordinances  of  the  City  of  St.  Paul  now  in  force  in 
relation  to  and  governing  the  use  of  the  streets  of  said  city 
by  any  party,  person,  firm,  company  or  corporation,  for  any 


1:69 

purpose  for  the  erection  of  poles  for  the  purposes  of  electric 

lighting. 

(As  amended  by  Ord.  No.  1707,  approved  Sept.  19,  1893,  ^  l.i 
Sec.  8.     This  ordinance  shall  take  effect  and  he  in   force 
from  and  after  its  pnhlication. 

SAME. 

Resolution  of  the  Common  Council. 

i  Approved  May  20,  1900. 1 

1319.         Whereas,  The  St.  Paul  Gas  Light  Company  ha--  been 
heretofore   granted   certain    supposed   rights   by    way   of   privi- 

and  authority  to  use  certain  of  the  streets,  alleys  and 
other  public  ground  of  the  City  of  St.  Paul  for  the  purpose  of 
erecting  poles  and  stringing  wires  thereon  and  laying  conduits 
and  subways,  and  stringing  wires  therein,  for  the  transmis- 
sion of  electricity  for  electric  light,  heat  or  power  purposes; 
ami  claims  to  have  acquired  and  to  possess  certain  other  such 
rights  by  purchase  or  assignment  from  the  Economy  Steam 
Heat  Company,  the  Si.  Paul  Electric  Manufacturing  and  Con- 
struction Company,  and  the  East  Side  Electric  Company;  and, 

Whereas,  The  said  supposed  rights  by  way  of  privilege 
and  authority  hereinbefore  recited  were  -ranted  to  and  con 
ferred  upon  and  have  been  acquired  the  said  St.  Paul  ('.as 
Light  Company,  the  said  Economy  Steam  Meat  Company,  the 
said  St.  Paul  Electric  Manufacturing  and  Construction  Coni- 
parry  and  the  said  Eas1  Side  Electric  Company,  pursuan-1  to 
certain  acts  of  the  legislature  of  the  State  of  Minnesota,  con 
ferring  upon  the  said  St.  Paul  <ias  Light  Company  the  righl 

i  conducl  and  transmil  ami  dispose  of  electricity  for  the 
purposes  hereinbefore  mentioned,  in  addition  i<>  the  exclusive 
right,  privilege  ami  authority  theretofore  held  1>\  ii  of  laying 
gas  mains  in  the  streets,  alleys  ami  public  -rounds  <>i  the  City 
of  St.  Paul,  ami  engaging  in  tin-  business  of  distributing  ami 
s<  lling  gas  to  the  inhabitants  of  said  city;  and. 

Whereas,  The  said  original  rights,  privilege  and  authority 
in  the  streets,  alleys  and  public  ground  of  said  city,  so  far  as 
the  distribution  and  disposition  of  gas  is  concerned,  will  cease 
and  determine  upon  the  firsl  da)  of  fanuary,  1901  : 


Now,  therefore,  be  it  resolved  1>\  the  Common  Council  of 
the  City  of  St.  Paul,  that  any  and  all  and  each  of  the  said  sup 
posed  rights  by  way  of  privilege  and  authority  to  use  and 
occup)  the  streets,  alleys  or  public  ground  of  said  city  for  pur- 
poses of  distributing  and  disposing  of  electricity  for  light,  heat 
or  power  purposes,  or  of  erecting  poles  and  stringing  wires 
thereon,  or  of  laying  conduits  or  subways  and  stringing  wfres 
therein  for  the  purposes  aforesaid,  shall  terminate  on  the  said 
first  day  of  [anuary,  1907,  and  the  same  are  hereby  declared 
so  to  he  terminated  and  revoked  from  and  after  that  date,  to 
reverl  unconditionally  to  the  City  of  St.  Paul. 


EDISON  ELECTRIC  LIGHT  AND  POWER  COMPANY. 

Ordinance  No.  707. 

(Approved  August  19,  1S86.) 

1320.  An  Ordinance  to  grant  the  Edison  Electric  Light  and 
Power  Company  of  St.  Paul  the  right  to  use  cer- 
tain streets. 

The  Common   Council  of  the  City  of  St.   Paul  do  ordain  as 

follows  : 

Sec.  1.  That  the  privilege  is  hereby  granted  to  the  Edison 
Electric  Light  and  Power  Company  of  St.  Paul,  its  successors' 
and  assigns,  to  erect  such  telegraph  poles,  and  put  in  under- 
ground system  of  wires,  for  the  purpose  of  carrying  electric 
currents  in  the  streets,  as  may  be  approved  by  the  said  com- 
mon council,  under  the  supervision  of  the  city  engineer  and 
committee  on  streets,  such  poles  and  underground  system, 
together  with  the  wires  thereon  and  therein,  to  be  subject  to 
removal  to  such  place  or  places  as  the  common  council  may 
at  any  time  direct,  at  the  cost  and  expense  of  said  company. 
The  said  The  Edison  Electric  Light  and  Power  Company  of 
St.  Paul,  its  successors  and  assigns,  hereby  assume  all  liability 
that  may  be  caused  by  the  erection  of  such  poles  and  under- 
ground system,  and  the  use  of  the  said  electric  light,  and  shall 
at  all  times  save  the  City  of  St.  Paul  harmless  therefrom,  and 
from  all  damages  growing  out  thereof. 
(As  amended  by  Ord.  No.  1698,  approved  Aug.  1,  1893,  §  1.) 


4:71 

1321.  Sec.  2.     Nothing  herein  contained  shall  give  to  said 

The  Edison  Electric  Light  and  Power  Company  the  exclusive 
privilege  of  using  the  electric  light  in  the  City  of  St.  Paul. 

1322.  Sec.  3.  That  the  Edison  Electric  Light  and  Power 
Company  of  St.  Paul,  its  successors  and  assigns,  be  and  is 
hereby  permitted  to  erect  poles  for  stringing  wires  and  putting 
ir:  any  underground  system  for  carrying  electric  currents  for 
the  purpose  of  furnishing  light  and  power  on  the  following 
named  streets  in  said  city,  to-wit :  Second  street.  Third  street, 
Fourth  street,  Fifth  street.  Sixth  street,  Seventh  street,  Eighth 
street.  Ninth  street.  Tenth  street.  Eleventh  street,  Twelfth 
street,  Broadway  street,  Canada  street,  Rosabel  street,  Wa- 
couta  street,  Cooper  street.  Pearl  street,  Morris  street.  Spruce 
street,  Sibley  street.  Temperance  street,  Jackson  street.  Robert 
street,  .Minnesota  street.  Cedar  street.  Wabasha  street.  St. 
Peter  street,  Summit  avenue,  College  avenue,  Pleasant  avenue, 
Oak  street.  Pice  street.  Fort  street.  Exchange  street,  Frank- 
lin street,  Washington  street,  Spring  street,  Market  street, 
Chestnut  street.  Walnut  street,  Sherman  street,  Ontario 
street,  Pine  street,  Olive  street,  John  street.  Locust  street. 
Dayton  avenue,  Western  avenue,  Iglehart  street,  University 
avenue,  Selby  avenue,  Laurel  avenue,  Dale  street,  Como  ave- 
nue and  Mississippi  street,  under  the  supervision  and  subject 
to  the  inspections  and  control  of  the  city  engineer  and  com- 
mittee on  streets,  and  upon  and  under  the  following  condi- 
tions and  instructions,  to-wit:  Such  poles  shall  not  he  less 
titan  twenty-five  (25)  feet  in  height  above  the  ground,  ami 
shall  not  be  less  than  ten  (10)  inches  in  diameter  at  the  bol 
toin.  and   six   (6)   inches  in  diameter  at    the   top;  the\    shall   he 

planed  and  shall  he  painted  a  dark  color  for  the  distance  of 

six  (6)  feet  from  the  ground,  and  from  that  point  to  the  lop 
they  shall  In-  painted  white;  lhe\  shall  he  set  fort)  i  10)  pares 
apart,    except     otherwise    expressly    permitted    h\     the    ci|\     en 

gineer.     And  if  any  other  corporations,  companies  or  persons 

are  now,  or  shall  hi'  at  any  time  hereafter,  permitted  by  the 

common  council  of  said  city  to  erect  poles  or  string  its  wires 
for  the  purpose  of  electric  1i.L;htin^   in   said   City,  or   to   use   the 

a\d  city   for  the  purpose  of  electri<    lighting,  ami 


Mich  corporation  or  corporations,  company  or  companies,  per- 
son "i"  persons,  as  shall  desire  to  use  the  poles  so  erected  by 
>aiil  Edison  Electric  Light  and  Tower  Company  of  St.  Paul, 
iis  successors  and  assigns,  for  the  purpose  of  supporting  the 
wires  for  such  purpose,  such  corporations,  companies  or  per- 
sons shall  be  entitled  to  do  so  upon  paying  to  said  Edison 
Electric  Lighl  and  Power  Company  of  St.  Paul,  its  successors 
or  assigns,  the  proportionate  share  of  the  cost  of  procuring 
and  erecting  Mich  poles,  to  be  determined  as  follows:  Upon 
the  erection  of  poles  upon  any  of  said  streets  said  Edison 
Electric  Light  and  Power  Company  of  St.  Paul,  its  successors 
and  assigns,  shall  immediately  report  to  said  city  engineer 
the  actual  cost  of  such  poles  as  erected,  and  said  city  engineer 
shall  ascertain  and  determine  the  actual  cost  of  said  poles  so 
erected,  ana  certify  the  amount  which  he  shall  find  to  be  cor- 
rect, and  keep  a  record  thereof  in  his  office  for  public  inspec- 
tion. Upon  the  first  application,  as  aforesaid,  to  use  the  poles 
erected,  the  applicant  shall  pay  to  the  Edison  Electric  Light 
and  Power  Company  of  St.  Paul,  its  successors  and  assigns, 
one-half  {J/2)  of  said  actual  cost  of  said  poles,  as  determined 
by  said  city  engineer,  and,  in  case  of  a  second  application,  the 
applicant  shall  pay  one-third  (1-3)  of  such  cost,  the  same  to 
he  divided  equally  between  the  said  Edison  Electric  Light  and 
Power  Company  of  St.  Paul,  its  successors  and  assigns,  and 
the  first  applicant ;  and  successive  applicants  shall  pay  their 
proportioned  share  of  such  cost,  the  same  to  be  divided  pro- 
portionately in  like  manner,  and  all  applicants  so  paying  their 
proportionate  share  of  the  cost  of  said  poles  shall  become  and 
be  by  common  council  joint  owners  with  said  Edison  Elec- 
tric Light  and  Power  Company  of  St.  Paul,  its  successors  and 
assigns,  of  said  poles,  and  shall  be  entitled  to  use  them  for 
the  purpose  of  electric  lighting  fas  long  as  they  do  not  come 
within  a  distance  of  ten  (10)  feet  of  the  lowest  wire  on  said 
pole  owned  and  operated  by  the  Edison  Electric  Light  and 
Power  Company  of  St.  Paul,  its  successors  and  assigns). 
And  it  is  conditioned  that  if  any  other  corporation,  companies 
or  persons  (other  than  corporations,  companies  or  persons 
using  the  arc  light  system)  have  procured,  or  shall  procure, 
like  permission   from   said  common  council  to  erect  poles  on 


said  streets,  or  any  of  them,  and  shall  actually  erect  its  poles 
on  any  of  said  streets  before  said  Edison  Electric  Light  and 
Power  Company  of  St.  Paul,  its  successors  and  assigns,  shall 
have  erected  its  poles  on  said  streets,  then  the  permission 
herein  granted  is  withdrawn,  and  said  Edison  Electric  Light 
and  Power  Company  of  St.  Paul,  its  successors  and  assigns, 
shall  be  restricted  to  using  such  poles  then  already  erected, 
under  the  conditions  as  herein  contained. 

And  it  is  expressly  conditioned  and  provided  that  in  case 
said  Edison  Electric  Light  and  Power  Company  of  St.  Paul, 
it>  successors  and  assigns,  shall  refuse  to  allow  any  applicant 
to  use  its  poles  upon  payment  of  the  proportionate  amount 
therefor,  and  to  sell  to  said  applicant  such  proportionate  part 
of  said  poles  as  herein  provided,  thereupon  the  right  of  said 
Edison  Electric  Light  and  Power  Company  of  St.  Paul,  its 
successors  and  assigns,  to  erect  and  maintain  its  said  poles 
upon  the  streets  of  said  city  shall  cease,  and  the  same  shall  be 
forthwith  removed  from  said  streets,  or  any  of  them,  upon 
and  under  the  order  and  direction  of  the  common  council. 
(As  amended  by  Ord.  \'o.  1698,  approved  Aug.  1.  1893,  §  1.) 

1323.  Sec.  1.  The  poles  hereby  authorized  to  be  erected 
shall  be  planed  and  painted,  and  shall  be  set  in  the  sidewalk 
close  to  the  gutter  or  curb,  unless  special  directions  are  other- 
wise given  by  the  city  engineer.  All  poles  must  be  erected 
to  the  satisfaction  and  approval  of  said  engineer  and  com- 
mittee i hi  streets. 

Sec.     5.      Whenever  an\    streel    on    which   any   pole   shall 
have  been  sel  shall  be  graded  or  paved,  the  said  Edison  Elec 
trie  Lighl  and  Power  Company  of  St.  Paid,  its  successors  and 
assigns,  shall,  at  it-  own  cost,  resel  said  poles  so  as  to  conform 
to  die  streel  as  reconstructed. 
(As  amended  by  Ord.  No.   1698,  approved  Aug.   I,   L893,  §   1  ) 

1324.  Sec.  (i.  The  common  council  reserves  the  right  to 
order  and  cause  any  or  all  of  said  wires  to  be  laid  underground 
at  any  time  and  to  order  an\  and  all  of  the  poles  removed 
from  oil  the  streets  whenever  it  may  deem  proper  to  la\  the 
wires  of  said  companj    underground. 


i;  i 

1325.  Sec.  ', .  And  it  is  further  provided  that  unless  a  plant 
of  sufficient  size  to  Furnish  nine  hundred  (900)  horse  power, 
and  sufficient  wires  to  use  all  the  power  thus  furnished,  are 
put  in,  and  the  same  put  into  full  operation  within  eleven 
(11)  months,  then  all  the  powers  and  privileges  granted  here- 
in- shall  thereupon  cease  and  determine. 

1326.  See.  8.  And  it  is  expressly  provided  that  the  accept- 
ance  of  this  permission  by  the  Edison  Electric  Light  and 
Tower  Company  of  St.  Paul,  its  successors  and  assigns,  either 
by  resolution  of  the  board  of  directors  or  by  acting  hereunder 
in  the  erection  of  its  poles,  and  in  fully  complying  with  all 
the  terms  and  conditions  of  this  ordinance,  shall  be  acceptance 
of  all  the  conditions  and  provisions  herein  contained;  and  it 
is  further  provided  that  the  rights  hereby  granted  are  further 
subject  to  all  the  conditions  and  requirements  of  the  ordi- 
nances heretofore  passed  allowing  said  Edison  Electric  Light 
and  Power  Company  of  St.  Paul,  its  successors  and  assigns, 
to  use  the  streets  of  said  city  for  the  erecting  of  poles  and 
putting  in  of  an  underground  system  of  wires  for  the  purpose 
of  electric  lighting. 

(As  amended  by  Ord.  Xo.  1608,  approved  Aug.  1,  1893,  §  1.) 

1327.  Sec.  9.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 

SAME. 

Ordinance  No.  2121. 
(Approved  May  24,  1900.) 

1328.  An   Ordinance  supplemental  to   Ordinance   No.   707, 

entitled  "An  Ordinance  to  grant  The  Edison  Elec- 
tric Light  and  Power  Company  of  St.  Paul  the 
right  to  use  certain  streets,"  approved  August  19, 
1886,  and  to  limit  the  time  for  which  the  rights, 
privileges  and  authority,  if  any,  were  granted  by 
either  of  said  ordinances,  or  by  any  resolutions  of 
the  Common  Council  passed  in  contemplation 
thereof,  to  January  1,  1907. 
Whereas,  The  Common  Council  of  the  City  of  St.  Paul 
did    heretofore,    and    by    an    ordinance    known    as    Ordinance 


No.  707,  approved  August  L9,  1886,  and  entitled  "An  Ordi- 
nance to  grant  to  The  Edison  Electric  Light  and  Power  Com- 
pany of  St.  Paul,  the  right  to  use  certain  streets,"  granted  to 
said  company  certain  supposed  rights  and  certain  privileges 
and  authority  to  use  the  streets  of  the  City  of  St.  Paul  for  the 
purposes  of  conducting  electricity  therein  for  an  unlimited 
and  indefinite  term  of  years:  and, 

Whereas,  in  the  opinion  ,,f  the  Common  Council,  condi- 
tions of  public  necessity  require  that  some  limitation  be  im- 
posed upon  the  terms  for  which  the  said  supposed  rights  and 
privileges  and  authority  shall  exist  ;  and. 

Whereas,  twenty  (20)  years  is.  in  the  opinion  of  the  Com 
mon    Council,    a    reasonable    limitation    to    place    and    impose 
upon   the  term  aforesaid,  and  said  term  of  twenty   (20)   year- 
will  have  more  than  expired  on  the  first  day  of  January.  1907, 
next  ; 

Now.  therefore,  the  Common  Council  of  the  City  of  St.   Paul 
do  ordain   as  follows: 

1329.  Sec.  1.  That  any  and  all  rights,  privileges  and  au- 
thority, whatever  they  may  he,  which  may  have  been  granted 
in  and  by  the  terms  of  Ordinance  No.  707,  approved  August  19, 
1886,  and  entitled  "An  Ordinance  to  grant  the  Edison  Electric 
Light  and  Power  Company  of  St.  Paul  the  right  to  use  cer- 
tain Streets,"  as  the  same  was  amended  h\  (  )rdinance  No.  L698, 
approved  Augusl  1.  \>>'>'-'>.  or  in  and  by  any  of  the  resolutions 
subsequently  passed  by  the  Common  Council  in  contempla- 
tion of  either  of  said  ordinances  to  the  said  Edison  Electric 
Lighl  ami  Power  Compan)  of  St.  Paul,  its  successors  and 
assigns,  shall  terminate  and  cease  to  exist,  and  shall  revert  to 
the  City  of  St.    Paul  on  January    1.    I'm;. 

Sec.  '!.  Thi-  ordinance  shall  take  effect  and  he  in  force 
from  and  after  its  passage,  approval  and  publication. 


t?6 

SAME. 

Resolution  of  the  Common  Council. 

i  Approved  May  21,  L900. ) 

1330.  Whereas,  The  Edison  Electric  Light  and  Power 
Compan)  of  St.  Paul  was.  in  and  by  the  terms  of  Ordinance 
No.  7CJ  of  the  general  ordinances  of  the  City  of  St.  Paul, 
granted  certain  privileges  in  the  way  of  the  erection  of  poles 
and  the  stringing  o\  wires,  and  the  putting  in  of  an  under- 
ground system  of  wires,  for  the  purpose  of  carrying'  electric 
currents  in  such  streets  of  the  City  of  St.  Paul  as  might  there- 
after be  approved  by  the  Common  Council  of  said  city,  and 
particularly  in  the  streets  named  following,  to-wit :  Second 
street.  Third  street.  Fourth  street.  Fifth  street.  Sixth  street, 
Seventh  street.  Eighth  street,  Ninth  street.  Tenth  street. 
Eleventh  street,  Twelfth  street.  Broadway  street,  Canada 
sTreet.  Rosabel  street,  Wacouta  street.  Cooper  street.  Pearl 
street.  Xorris  street.  Spruce  street.  Sibley  street.  Temperance  ( 
street.  Jackson  street,  Robert  street.  Minnesota  street.  Cedar 
street.  Wabasha  street.  St.  Peter  street.  Summit  avenue.  Cot- 
tage street.  Pleasant  avenue.  Oak  street,  Rice  street.  Fort 
street.  Exchange  street,  Franklin  street,  Washington  street. 
Spring  street.  Market  street.  Chestnut  street.  Walnut  street, 
Sherman  street,  Ontario  street.  Pine  street.  Olive  street,  John 
street.  Locust  street.  Dayton  avenue.  Western  avenue,  Igle- 
hart  street,  University  avenue,  Selby  avenue.  Laurel  avenue. 
Dale  street,  Como  avenue  and  Mississippi  street ;  and 

1331.  Whereas,  Thereafter,  in  and  by  the  terms  of  a  certain 
resolution  duly  approved  November  11,  1899,  as  amended  by 
a  certain  other  resolution  duly  approved  January  5,  1900,  there 
was  added  to  the  streets  above  named  the  following,  to-wit: 
White  Rear  avenue,  from  the  city  limits  to  Margaret  street  ; 
e»n  Margaret  street  from  White  Bear  avenue  to  Atlantic  ave- 
nue ;  for  the  underground  system :  Margaret  street  from  At- 
lantic avenue  to  Arcade  street ;  Arcade  street  from  Margaret 
>ireet  to  Sixth  street;  Sixth  street  from  Arcade  street  to  Hoff- 
man avenue  ;  Hoffman  avenue  from  Sixth  street  to  Seventh 
street ;  Grove  street  from  Seventh  street  to  Eighth  street ;  and, 


1332.  Whereas,  the  said  Edison  Electric  Light  and  Power 
Company  desires  the  privilege  of  using  certain  other  streets 
and  alleys  within  the  territory  hereinafter  described  for  put- 
ting in  poles  and  conduits,  and  for  stringing  wires  thereon  and 
therein  for  the  purposes  specified  in  Ordinance  No.  ^CJ  afore- 
said :  now.  therefore,  be  it 

Resolved.  By  the  Common  Council  of  the  City  of  St.  Paul, 
that  the  privileges  and  authority,  whatever  they  may  be,  con- 
ferred in  and  by  the  terms  of  said  Ordinance  Mo.  707,  be  and 
the  same  are  hereby  extended  to  the  streets  and  alleys  included 
in  the  territory  bounded  and  described  as  follows,  to-wit: 
Commencing  at  the  intersection  of  Lexington  avenue  with 
Otto  avenue,  in  said  city  :  thence  running  north  on  Lexing- 
ton avenue  to  an  intersection  with  St.  Clair  street;  thence 
running  west  on  St.  Clair  street  to  the  Mississippi  river; 
thence  running  north  and  northwesterly  along  the  Mississippi 
river  to  the  most  westerly  boundary  of  said  city;  thence  run- 
ning north  along  the  said  westerly  boundary  of  said  city  to 
Doswell  avenue;  thence  running  east  along  Doswell  avenue  to 
Eustis  street  ;  thence  running  south  along  Eustis  street  to 
Langford  avenue;  thence  running  easterly  along  Langford 
avenue,    and    Langford    avenue    produced    to    West    Maryland 

et;  thence  easterly  along  West  Maryland  street  and  Easl 
Maryland  streel  to  English  street;  thence  running  south  along 
English  stia-et.  and  English  street  produced  to  the  southwesl 
corner  of  section  ten  (10),  township  twenty-eight  (28),  of 
range  twenty-two  (22)  west,  in  Ramsey  County,  Minnesota; 
thence  running  west  in  a  straight  line  to  the  place  of  begin- 
ning. Subject,  however,  to  the  supervision  of  the  City  En- 
r  and  Committees  on  Streets  of  the  Common  Council. 
Provided,  however,  thai  the  privileges  and  authority  herein 
and  hereby  granted,  as  well  as  any  and  all  privileges  hereto 
fore   -ranted   to  the  said    Edison    EJectric    Lighl    and    Power 

pany  under  the  provisions  of  said  <  Irdinance  X".  707,  and 
tin-  ordinances  amendatorj  thereof,  or  the  resolutions  subse 
quenth  enacted  pursuanl  thereto,  shad  cease  and  determine 
on  tin-  firsl  day  of  January,  L901  ubject,  however,  to  renewal 
"ii  such  terras  a-  maj  It  then  agreed  upon  between  the  said 
company  and  the  city,  including  the  payment  l>\  said  companj 


ITS 

lo  the  city  of  a  gross  earnings  tax  on  all  its  business  in  the 
city  of  not  less  than  five  (5)  per  cenl  ;  and,  be  it 

Further  Resolved,  That  in  consideration  for  the  use  of 
any  of  the  streets,  avenues,  alleys  and  public  grounds  of  the 
City  of  St.  Paul  hereinbefore  referred  to,  by  the  said  Ediscm 
Electric  Light  and  Power  Company,  said  company,  its  suc- 
•rs  in  interest  or  assigns,  shall  pay  into  the  treasury  ol 
the  City  of  St.  Paul  the  full  sum  of  five  (5)  per  cent  of  its 
>s  earnings  from  all  the  business  done  by  it  in  said  city, 
for  the  use  and  benefit  of  said  city;  and  the  St.  Paul  Gas  Light 
Company  shall  pay  a  like  percentage  of  five  (5)  per  cent  of 
its  gross  earnings  from  the  business  done  By  it  in  the  City  of 
St.  Patd,  in  the  way  of  furnishing  electric  light,  heat  or 
power,  into  the  treasury  of  said  city,  for  the  use  and  benefit 
^i  said  city;  said  payment  to  be  made  on  the  first  day  of 
January  of  each  and  every  year  hereafter,  upon  the  business 
done  during  the  year  next  preceding,  and  for  the  purpose  of 
ascertaining  the  total  amount  of  such  gross  earnings  upon 
which  payment  shall  be  made  as  aforesaid,  an  accurate  ac- 
count of  the  same  shall  be  kept  by  said  company,  and  an 
abstract  or  account  thereof  furnished  by  it  to  the  City  Comp- 
troller of  the  City  of  St.  Paul  on  or  before  the  15th  day  of 
December  of  each  year,  which  said  abstract  or  account  shall 
be  verified  by  oath  of  the  president  and  secretary  of  the  said 
company,  and  for  the  purpose  of  verifying  such  statements, 
abstracts  or  accounts,  the  books  of  said  company  shall  at  all 
times  be  open  for  inspection  by  such  officer,  person  or  persons 
as  may  be  appointed  for  that  purpose  by  the  Common  Council 
i  if  said  city. 

1333.  Before  this  resolution  shall  take  effect  or  be  or  be- 
come of  any  force  or  effect,  a  written  acceptance  of  the  terms 
and  conditions  hereof  by  the  said  Edison  Electric  Light  and 
Power  Company,  and  the  said  St.  Paul  Gas  Light  Company, 
shall,  within  four  (4)  days,  be  filed  with  the  City  Clerk  of  the 
City  of  St.  Paul,  in  form  to  be  approved  by  the  Corporation 
Attorney. 


479 

ENDICOTT,  W.  AND  H. 

Ordinance  No.  2290. 
i  Appn  >ved  June  6,  1902. ) 

1334.  An    Ordinance    granting    to    William    Endicott    and 

Henry  Endicott  the  right  to  lay  a  steam  pipe  across 
Fourth  street,  in  the  City  of  St.  Paul,  for  the  pur- 
pose of  conducting  steam. 
The  Common  Council  of  the  City  of  St.    Paul   do  ordain  as 
follows  : 

Sec.  1.  That  there  is  hereby  granted  to  William  Endi- 
cott and  Henry  Endicott,  the  owners  of  the  Endicotl  building, 
situate  on  block  seventeen  (17),  St.  Paul  Proper,  the  right  to 
tunnel  under  Fourth  street,  from  said  Endicott  building  to  the 
brick  building  situate  on  lot  two  (2),  in  block  twenty-six  (26), 
of  St.  Paul  Proper,  and  known  as  Xos.  150-152  East  Fourth 
street,  and  to  place  and  maintain  therein,  for  the  period  of 
twenty-five  (25)  years  from  the  passage  of  this  ordinance,  a 
steam  pipe  for  the  purpose  of  conveying  steam  From  the 
boilers  in  said  Endicott  building  to  said  building  above  re- 
ferred to,  and  to  supply  said  building  with  steam  during  the 
sa;d  period  upon  condition,  however,  thai  said  William  Endi- 
cotl .and  llenry  Endicott,  and  their  assigns,  shall  comply  with 
a!!  the  provisions  of  this  ordinance. 

1335.  Sec.  2.     The  grantees  herein,  and  their  assigns,  with- 
in the  period  of  thirt)    (30)  days  after  the  passage  and  publi 
cation  of  this  ordinance,  shall  file  in  the  office  of  the  Cit)  CI 

in  the  Cit)  of  St.  Paul,  their  written  acceptance  thereof,  the 
same  to  be  in  such  form  as  shall  be  approved  b)  the  Corpo- 
ration Attorney,  and  shall  construe!  said  tunnel  and  conned 
said  buildings  with  the  proper  steam  pipes,  to  be  laid  therein 
within  the  period  of  three  (3)  months  From  the  passage  and 
publication  of  thi  mce. 

1336.  .   :;.     Said   tunned   shall   l>e   constructed   and 

n  pipe  placed  therein  under  the  direction  of  the  c'<'ininis 
sioner  of  Public  Work-  of  the  Cit)   of  St.  Paul,  and  shall  he 

tructed  in  such  manner  as  he  shall  direct,  and  the  grantees 
herein,  their  sua  .  shall   forevei    keep  and 


I  SI  • 

bear  harmless  the  City  of  St.  Paul  from  any  and  all  damages, 
cost  ami  expense  in  any  manner  arising  out  of  the  construc- 
tion and  maintenance  of  said  tunnel  and  steam  pipe. 

1337.  Sec.  1.  The  rights  and  privileges  hereby  granted 
shall  be  held  and  exercised  by  the  grantees  herein,  their  suc- 

5£  »rs  and  assigns,  subject  to  all  the  conditions  and  limita- 
tions contained  in  the  Charter  of  the  City  of  St.  Paul,  includ- 
ing the  filing  ^i  the  statement  provided  for  in  section  27, 
chapter  IV.,  of  said  charter,  and  the  payment  of  a  license  fee 
of  five  (5)  per  cent  of  the  gross  earnings  arising  from  the 
sale  of  steam  or  heat  to  safd  building  so  to  he  applied  tinder 
the  provisions  hereof,  or  in  any  manner  accruing  from  the 
exercise  and  enjoyment  of  the  rights  and  privileges  hereby 
granted. 

1338.  Sec.  5.  The  rights  and  privileges  conferred  by  this 
ordinance  shall  not  in  any  manner,  directly  or  indirectly,  he 
sold,  assigned,  leased,  or  in  any  way  transferred  to  any  other 
person,  company,  corporation  or  association,  without  first  ob- 
taining the  consent  of  the  Common  Council  of  said  city,  hy 
resolution   duly  passed  for  that  purpose. 

1339.  Sec.  6.  In  case  the  grantees  herein,  their  successors 
or  assigns,  shall  at  any  time  fail  to  comply  with,  or  in  the  case 
of  a  breach  by  them  of  any  of  the  terms,  provisions,  condi- 
tions or  limitations  contained  in  or  provided  for  in  this  ordi- 
nance, all  the  rights  and  privileges  hereby  granted  forthwith 
shall  terminate  and  become  forfeited  to  the  City  of  St.  Paul, 
without  any  further  act  or  ceremony  whatsoever. 

1340.  Sec.  T.  This  ordinance  shall  take  effect  and  be  'in 
force  from  and  after  its  approval,  publication  and  acceptance, 
as  hereinbefore  provided. 

SAME. 

Resolution  of  the  Common  Council. 

(Approved  March  24,   1905.  I 

1341.  Resolved.  That  until  the  further  order  of  the  Com- 
mon Council  permission  and  authority  be  and  is  hereby 
granted   to   William   Endicott,  and   his   assigns,  to  construct, 


181 

maintain  and  operate  pipes,  mains,  conduits,  and  the  appli- 
ances used  in  connection  therewith,  across  East  Sixth  street, 
in  the  City  of  St.  Paul,  underneath  the  surface  of  said  street, 
between  blocks  five  (5)  and  ten  (10),  St.  Paul  Proper:  and 
across  Cedar  street,  underneath  the  surface  thereof,  between 
blocks  five  (5)  and  six  (6),  St.  Paid  Proper;  and  across  East 
Seventh  street,  underneath  the  surface  thereof,  between  block 
five  (5),  St.  Paul  Proper,  and  block  twenty  (10),  Robert's 
and  Randall's  Addition  to  St.  Paul;  said  pipes,  mains  and  con- 
duits to  be  constructed  and  maintained  for  the  purpose  of, 
and  in  such  manner  as  may  be  necessary  and  proper  for  con- 
ducting and  transmitting"  heat  and  power  across  the  said  por- 
tions of  streets,  from  the  building  of  the  said  Kndicott,  located 
on  the  northeast  corner  of  East  Sixth  street  and  Cedar  street, 
to  the  buildings  owned  by  the  said  Endicott  in  the  blocks 
herein  referred  to;  provided,  that  all  work  shall  be  dime  under 
the  direction  and  supervision  of  the  Commissioner  of  Public 
Works,  and  upon  the  proper  permit  issued  by  said  Commis- 
sioner of  Public  Works,  and  provided,  further,  that  heat,  light 
and  power  shall  not  be  furnished  under  this  license  to  any 
Other  persons  or  corporations  than  as  specified  herein. 


EUREKA    IMPROVEMENT    COMPANY. 

Ordinance  No.   849. 

(Approved  ( Ictober  20,  issr.) 

1342.  An  Ordinance  to  grant  the  Eureka .  Improvement 
Company  of  St.  Paul  the  right  to  use  certain 
streets. 

'Nir  Common   Council  of  the  City  of  St.    Paul   >1"  ordain  ;t^ 
f<  '11'  >ws  : 

Sec.  l.  That  the  privilege  is  hereb)  granted  to  the  Eu- 
i  [mprovemenl  Compaii)  of  St.  Paul  to  ered  such  tele 
graph  poles  for  ili<-  purpose  of  carrying  electric  currents  in 
tlir  streets  of  tin-  Cit)  of  St.  Paul  ;ii  such  place  or  places,  and 
on  such  streets  as  may  be  approved  l>\  tin-  said  common  coun 
cil,  under  tin-  supervision  of  '1"'  cit)  engineer  and  committee 
on   streets,   such   poles,  together  with   the  wires  thereon   and 


is-.- 

therein,  to  be  subject  to  removal  as  the  common  council  may 
at  any  time  direct,  at  the  cost  and  expense  of  said  company. 
The  said  The  Eureka  Improvement  Company  hereby  assumes 
all  liability  that  may  be  caused  by  the  erection  of  such  poles 
and  the  use  ni  the  said  electricity,  and  shall  at  all  times  save 
the  City  of  St.  Paul  harmless  therefrom  and  from  all  damages 
growing  out  thereof. 

1343.  Sec.  '>.  Nothing  herein  contained  shall  give  to  said 
The  Eureka  Improvement  Company  the  exclusive  privilege  of 
using  electric  light  in  the  City  of  St.  Paul. 

1344.  Sec.  3.  That  said  The  Eureka  Improvement  Com- 
pany he  and  is  hereby  permitted  to  erect  poles  for  stringing 
wires  for  carrying  electric  currents  for  the  purpose  of  furnish-  - 
ing  light  and  power  on  the  following  streets  in  said  city,  to- 
w  it :  Cherokee  avenue.  Delaware  avenue.  Smith  avenue, 
Cambridge  street,  Prescott  street,  Midway  avenue,  Fillmore" 
avenue,  Starkey  street.  Chicago  avenue,  Custer  street,  Con- 
cord street,  Winifred  street,  State  street,  Isabel  street,  Dakota 
avenue,  South  Robert  street,  Ohio  street,  Fairfield  avenue, 
George  street,  Eaton  avenue,  Oakdale  avenue,  Hall  avenue, 
and  on  such  other  avenues,  streets  or  alleys  as  the  common 
council  of  the  City  of  St.  Paul  may  from  time  to  time  duly 
authorize  by  resolution,  passed  by  a  vote  of  two-thirds  (2-3) 
of  all  the  members  elect,  all  of  said  poles  to  be  under  the 
supervision  of  and  subject  to  the  inspection  and  control  of 
the  city  engineer  and  instruction,  to-wit :  Such  poles  shall 
not  be  less  than  forty  (40)  feet  in  height  above  the  ground.  and# 
shall  not  be  less  than  twelve  (12)  inches  in  diameter  at  the 
bottom,  and  six  (6)  inches  in  diameter  at  the  top;  they  shall 
be  planed  and  shall  be  painted  a  dark  color  for  the  distance 
of  six  (6)  feet  from  the  ground,  and  from  that  point  to  the 
top  they  shall  be  painted  white  ;  they  shall  be  set  one  hun- 
dred (100)  feet 'apart,  except  otherwise  expressly  permitted 
by  the  city  engineer,  and  at  least  five  (5)  feet  at  the  top  of 
all  the  poles  of  said  company  shall  be,  in  consideration  of  the 
passage  of  this  ordinance,  the  exclusive  property  of  the  city, 
and  reserved  for  the  use  of  the  fire  and  police  departments  of 
said  city.     And  in  case  any  other  corporation,  companies  or 


483 

persons  are  now,  or  shall  be  at  any  time  hereafter,  permitted 
by  the  common  council  of  said  city  to  erect  poles  or  string 
its  wires  for  the  purpose  of  electric  lighting  in  said  city,  or  to 
use  the  streets  of  said  city  for  the  purpose  of  electric  lighting, 
and  such  corporation  or  corporations,  company  or  companies, 
person  or  persons,  shall  desire  to  use  the  poles  so  erected  by 
said  The  Eureka  Improvement  Company  for  the  purpose  of 
supporting  the  wires"  for  suth  purpose,  such  corporations, 
companies  or  persons  shall  be  entitled  to  do  so  upon  paying  to 
said  The  Eureka  Improvement  Company,  its  successors  or 
assigns,  the  proportionate  share  of  the  cost  of  procuring  and 
erecting  such  poles,  to  be  determined  as  follows:  Upon  the 
erecting  of  poles  upon  any  of  said  streets,  said  The  Eureka  Im- 
provement Company  shall  immediately  report  to  said  city  en- 
gineer the  actual  cost  of  such  poles  as  erected,  and  said  city 
engineer  shall  ascertain  and  determine  the  actual  cost  of  said 
poles  so  erected,  and  certify  the  amount  which  he  shall  find 
to  be  correct,  and  keep  a  record  thereof  in  his  office  for  public 
inspection.  Upon  the  first  application  as  aforesaid  to  use  the 
poles  so  erected,  the  applicant  shall  pay  to -the  Eureka  Im- 
provement Company  aforesaid,  its  successors  or  assigns,  one- 
half  i':i  Hi  said  actual  cost  of  the  poles  so  used,  as  determined 
by  said  city  engineer;  and.  in  case  of  a  second  application,  tb<» 
applicant  shall  pay  one-third  (1-3)  of  such  cost  of  the  poles 
so  used,  the  same  to  be  divided  equally  between  the  said  The 
Eureka   Improvement   Company  and   the  first   applicant,  and 

Successive    applicants    shall    pa\     their    proportionate    share    of 

such  cost,  the  same  to  be  divided  proportionately  in  like  man- 
ner, and  all  applicants  so  paying  their  proportionate  shan 

cost  of  said  poles  shall  become  and  be  by  common  eon 
sent  joint  owners  with  said  The   Eureka   Improvement  Com 
pany  of  said  poles,  and  shall  be  entitled  to  u..v  them  for  the 
purpose   of  electric   lighting    (as   long   as    the}    do  nol    come 
within  a  distance  of  two  (2)   Feet   of  the  wire  on  said  poles 
owned  and  operated  by  said  The  Eureka  Improvement  Com 
pany).     And  it  is  conditioned  thai  if  an)   other  corporations, 
companies  or  persons  have  procured,  oi    shall   procure,   like 
permission  from   3aid  common  council  to  ereel   poles   on  said 
streets,  or  an)  of  them,  and  shall  actuall)   ereel   its  poles  on 


IM 

any  of  said  streets  before  said  The  Eureka  Improvement  Com- 
pany shall  have  erected  its  poles  on  said  streets,  then  the  per- 
mission hereby  granted  is  withdrawn,  and  said  The  Eureka 
Improvement  Company  shall  be  restricted  to  using  such  poles 
then  already  erected,  under  the  conditions  as  herein  contained. 
And  no  wire  shall  be  placed  less  than  eighteen  (18)  inches 
from  the  center  of  any  pole. 

And  it  is  expressly  conditioned  and  provided  that  in  case 
the  said  The  Eureka  Improvement  Company  shall  refuse  tc 
allow  any  applicant  to  use  its  poles  upon  payment  of  the  pro- 
portionate part  of  said  poles,  as  herein  provided,  thereupon  the 
right  of  said  The  Eureka  Improvement  Company  to  erect  and 
maintain  its  poles  upon  the  streets  of  said  city  shall  cease,  and 
the  same  shall  be  forthwith  removed  from  said  streets,  or  any 
of  them,  upon  and  under  the  order  and  direction  of  the  com- 
mon council. 

1345.  Sec.  4.  The  poles  hereby  authorized  to  be  erected 
shall  be  set  in  the  sidewalk  in  the  center  of  the  curb,  unless 
special  directions  are  otherwise  given  by  the  city  engineer. 
All  poles  must  be  erected  to  the  satisfaction  and  approval  of 
said  city  engineer  and  committee  on  streets. 

1346.  Sec.  5.  Whenever  any  street  on  which  any  pole 
shall  have  been  set  shall  be  graded  or  paved,  or  the  curb  line 
changed,  the  said  The  Eureka  Improvement  Company  shall. 
at  its  own  cost,  reset  said  pole  so  as  to  conform  to  the  street 
as  reconstructed. 

1347.  Sec.  G.  The  common  council  reserves  the  right  to 
order  and  cause  said  The  Eureka  Improvement  Company  to 
place  any  or  all  of  said  wires  underground  at  any  time,  and  to 
order  any  and  all  of  the  poles  removed  from  off  of  the  streets 
whenever  it  may  deem  proper  to  have  said  The  Eureka  Im- 
provement Company  lay  the  wires  of  said  company  under- 
ground. 

1348.  Sec.  7.  Unless  one  (1)  mile  of  poles  have  been 
placed  with  electric  currents  thereon  to  furnish  light  and 
power  on  said  mile  of  posts  adequate  to  the  private  and  public 
demands,  within  nine  (9)  months  from  the  acceptance  of  this 
ordinance,  the  same  shall  be  absolutelv  void. 


485 

1349.  Sec.  8.  The  plant  required  to  furnish  the  electricity 
and  power  necessary  under  this  ordinance  shall  not  be  changed 
from  its  present  location  in  South  St.  Paul  to  some  point  in 
the  City  of  St.  Paul,  or  any  additional  one  erected  within  the 
City  of  St.  Paul,  without  the  location  thereof  first  having  been 
approved  by  the  common  council  of  said  city. 

1350.  Sec.  9.  This  ordinance  shall  he  in  force  from  and 
after  the  filing  with  the  city  clerk,  by  the  said  The  Eureka 
Improvement  Company,  of  a  resolution  duly  adopted  by  its 
board  of  directors,  accepting  it  upon  all  the  terms  and  con- 
ditions herein  contained,  and  such  acceptance  shall  be  deemed 
an  agreement  of  said  The  Eureka  Improvement  Company 
with  said  city  to  perform  all  and  singular  all  the  matters  and 
things  recjuired  of  said  company  to  be  performed  under  this 
ordinance,  and  Mich  acceptance  shall  contain  an  express  agree- 
ment to  perform  all  of  said  matters  and  things  by  said  The 
Eureka  Improvement  Company  obligated  to  be  performed  in 
this  ordinance. 

(Forfeited  by  Resolution  of  Common  Council,  approved  May 

29th,  1900.) 

SAME. 

Ordinance  No.  882. 

I  Approved  January   Is.   I  888.  I 

1351.  An    Ordinance    to   grant    the    Eureka    Improvement 

Company  of  St.  Paul  the  right  to  use  certain  streets 
and  bridges. 

The  Common   Council  of  the  City  of  St.   Paul  do  ordain  as 
Follows : 

Sec.  1.     That  the  privilege  is  hereb)   granted  to  The  Eu 
reka  fmprovemenl   Compaq    to  string  its  wires  for  carrying 
electric  currents  for  the  purpose  of  furnishing  [ighl  and  power 
upon  the  bridges  across  the  Mississippi  river  in  said  city,  o 
monly  known  as  the  Wabasha  streel   bridge  and  the   Robert 

■  bridge,  under  tin-  mpervision  and  direction  "i"  the  city 
engineer  and  committee  on  streets,  such  wires  to  be  Bubjecl 

moval  as  tin-  common  council  ma)  ai  any  time  direct,  at 


I  si; 

the  cost  and  expense  of  said  company.  The  said  Eureka 
Improvement  Company  hereby  assumes  all  liability  that  may 
be  caused  by  the  stringing  of  such  wires  and  the  use  of  the 
said  electricity,  and  shall  give  a  bond',  to  be  approved  by  the 
corporation  attorney,  in  the  sum  of  ten  thousand  dollars 
iSIO. ihmi  i,  conditioned  at  all  times  to  save  the  City  of  St.  Paul 
harmless  therefrom,  and  from  all  damages  growing  out  thereof. 

1352.  Sec.  2.  Nothing  herein  contained  shall  give  to  the 
said  The  Eureka  Improvement  Company  the  exclusive  privi- 

■I  using  electric  light  in  the  City  of  St.  Paul. 

1353.  Sec.  •">.  That  the  said  The  Eureka  Improvement 
Company  be  and  is  hereby  permitted  to  erect  poles  for  string- 
ing wires  for  carrying  electric  currents  for  the  purpose  of  fur- 
nishing light  and  power  on  the  following  streets  in  said  city, 
to-wit :  St.  Peter  street:  Fifth  street,  west  of  St.  Peter  street; 
Sixth  street,  west  of  St.  Peter  street;  Pleasant  avenue.  Mul- 
berry street,  and  the  alley  in  blocks  fifty-nine  (59),  sixty  (60), 
sixty-one  (61),  and  sixty-two  (62),  Irvine's  Enlargement  of 
Rice  &  Irvine's  Addition ;  all  the  alleys  in  block  numbered 
one  (1),  of  Kern's  Addition;  block  one  (1),  of  Selby.  Me- 
Clung  &  Van  Meter's  Addition;  block  one  (1),  two   (2),  five 

-i.\  Hi),  seven  (7),  eight  (8).  nine  (9),  ten  (10),  eleven 
«lli.  twelve  (12).  thirteen  (13-),  fourteen  (14),  fifteen  (To), 
sixteen  (16),  nineteen  (19),  twenty  (20),  twenty-one  (21) 
and  twenty-three  (23),  of  Woodland  Park  Addition;  Irvine 
avenue.  Walnut.  Chestnut  and  Sherman  streets  ;  Xelson  ave- 
nue ;  the  alleys  in  blocks  seventy-one  (71),  seventy-two  (72), 
seventy-three  (  nil.  seventy-four  (74)  and  seventy-seven  (77)~ 
Dayton  &  Irvine's  Addition  ;  Third  street :  Sixth  street,  east 
of  Sibley:  Eighth  street,  east  of  Sibley;  Ninth  street,  east  of 
Sibley:  Maria  avenue;  Bates  avenue;  and  all  such  avenues. 
streets  or  alleys  as  the  common  council  may  from  time  to  time 
duly  authorize  by  resolution  passed  by  a  vote  of  two-thirds 
2-3  »  of  all  the  members  elect,  all  of  said  poles  to  be  under  the 
supervision  of  and  subject  to  the  control  of  the  city  engineer 
and  the  committee  on  streets,  and  upon  and  under  the  follow- 
ing conditions  and  instructions,  to-wit:  Such  poles  shall  not 
be  less  than  forty  (40)  feet  in  height  above  the  ground,  and 


181 

shall  not  be  less  than  sixteen  (16)  inches  in  diameter  at  the 
bottom,  and  eight  (8)  inches  in  diameter  at  the  top:  they  shall 
be  planed  and  painted  a  dark  color  for  the  distance  of  six 
feet  from  the  ground,  and  from  that  point  to  the  top  they  shall 
be  painted  white;  they  shall  be  set  one  hundred  (100)  Eeel 
apart,  except  otherwise  expressly  permitted  by  the  city  en- 
gineer, ami  at  least  five  (5)  feet  at  the  top  of  all  poles 
of  said  company  shall  be,  in  consideration  of  the  pass- 
age of  this  ordinance,  the  exclusive  property  of  the  city, 
ami  reserved  for  the  use  of  the  fire  and  police  de- 
partments of  said  city.  And  in  case  any  other  corpora- 
tions, companies  or  persons  are  now.  or  shall  be  at  any 
time  hereafter,  permitted  by  the  common  council  of  said 
citv  to  erect  poles  or  string  its  wires  for  the  purpose  of 
electric  lighting,  and  such  corporation  or  corporations,  com- 
pany or  companies,  person  or  persons,  shall  desire  to  use  the 
poles  so  erected  by  said  The  Eureka  Improvement  Company 
for  the  purpose  of  supporting  the  wires  for  such  purpose,  such 
corporations,  companies  or  persons  shall  be  entitled  to  do  so 
upon  paying  to  said  The  Eureka  Improvement  Company,  its 
successors  or  assigns,  its  proportionate  share  of  the  cosl   oi 

uring  and  erecting  such  poles,  to  be  determined  as  fol- 
lows: Upon  the  erection  of  poles  upon  any  of  said  streets, 
said  The  Eureka  Improvement  Company  shall  immediately. 
report  to  said  city  engineer  the  actual  cosl  of  such  poles  as 

ted,  and    said   city   engineer   shall    ascertain   and   determine 

the  actual  cosl  of  said  poles  so  erected  and  certif)  the  amount 

which  lie  -hall  find  to  lie  correct,  and  keep  a  record  thereof  in 

In-  office  for  public  inspection.  Upon  the  first  application  as 
aforesaid  to  use  the  poles  so  erected,  tin-  applicant  shall  pay 
to  the  Eureka  [mprovemeni  Company  aforesaid,  its  successors 
or  assigns,  one-half  i'  ■>  of  said  actual  cosl  of  the  pol< 
used,  a-  determined  by  --aid  city  engineer;  and  in  case  of  a 
second  application,  the  applicant  shall  pay  one  third  i!  :;  i  ot 
the  actual  cosl  of  the  poles  so  used,  the  same  to  he  divided 
equally  between  the  -aid  The  Eureka  rrnprovemenl  Companj 
and  tin-  first  applicant,  and  successive  applicants  -hall  pa) 
their  proportionate  share  of  -m  h  co  t,  th<  ame  to  he  divided 
proportionate!)   in  like  manner,  and  all  applicant      o  paying 


their  proportionate  share  of  the  cost  of  said  poles  shall  become 
and  be  by  common  consent  joint  owners  with  said  The  Eu- 
reka Improvement  Company  of  said  poles,  and  shall  be  enti- 
tled to  use  them  for  the  purpose  of  electric  lighting  (as  long 
:is  they  do  not  come  within  a  distance  of  two  (2)  feet  of  the 
wire  on  the  said  poles  owned  and  operated  by  said  The  Eu- 
reka Improvement  Company).  And  it  is  conditioned  that  if 
any  other  corporations,  companies  or  persons  have  procured, 
or  shall  procure,  like  permission  from   said  common  council 

rect  its  poles  on  said  streets,  or  any  of  them,  and  shall 
actually  erect  its  poles  on  any  of  said  streets  before  the  said 
The  Eureka  Improvement  Company  shall  have  erected  its 
poles  on  said  street,  then  the  permission  hereby  granted  is 
withdrawn,  and  said  The  Eureka  Improvement  Company 
shall  be  restricted  to  using  such  poles  then  already  erected, 
under  the  conditions  as  here  contained. 

And  it  is  expressly  provided  that  in  case  the  said  The 
Eureka  Improvement  Company  shall  refuse  to  allow  any  ap- 
plicant to  use  its  poles  upon  payment  of  the  proportionate 
part  of  said  poles,  as  herein  provided,  thereupon  the  right  of 
the  said  The  Eureka  Improvement  Company  to  erect  and 
maintain  its  poles  upon  the  streets  of  said  city  shall  cease,  and 
the  same  shall  be  forthwith  removed  from  said  streets,  or  any 
of  them,  upon  and  under  the  order  and  direction  of  the  com- 
mon council. 

1354.  Sec.  -4.  And  no  wire  shall  be  placed  less  than 
eighteen  (18)  inches  from  the  center  of  any  pole;  cross-arms 
shall  not  be  placed  more  than  two  (2)  feet  apart. 

1355.  Sec.  5.  The  poles  hereby  authorized  to  be  erected 
shall  be  set  in  the  sidewalk  in  the  center  of  the  curb,  unless 
special  directions  are  otherwise  given  by  the  city  engineer. 
All  poles  must  be  erected  to  the  satisfaction  and  approval  of 
said  citv  engineer  and  committee  on  streets. 

1356.  Sec.  6.  Whenever  any  street  on  which  any  poles 
shall  have  been  set  shall  be  graded  or  paved,  or  the  curb  line 
changed,  the  said  The  Eureka  Improvement  Company  shall. 
at  its  own  cost,  reset  said  poles  so  as  to  conform  to  the  street 
as  reconstructed. 


489 

1357.  Sec.  7.  The  common  council  reserves  the  right  to 
order  and  cause  The  Eureka  Improvement  Company  to  place 
all  or  any  of  said  wires  underground  at  any  time,  and  in  such 
manner  as  the  common  council  may  direct,  under  the  direc- 
tion and  supervision  of  the  city  engineer,  and  to  order  any 
and  all  poles  removed  from  off  of  the  streets  whenever  it  may 
deem  proper  to  have  the  said  The  Eureka  Improvement  Com- 
pany lay  the  wires  of  said  company  underground. 

1358.  Sec.  8.  Unless  one  (1)  mile  of  poles  have  been 
placed,  with  electric  currents  thereon  to  furnish  lighting 
power  on  said  mile  of  posts  adequate  to  the  public  and  pri- 
vate demands,  within  nine  (9)  months  from  the  acceptance 
of  this  ordinance,  the  same  shall  be  absolutely  void. 

1359.  Sec.  9.  The  plant  required  to  furnish  the  electricity 
and  power  necessary  under  this  ordinance  shall  not  be  changed 
from  its  present  location  in  South  St.  Paul  to  some  point  in 
the  City  of  St.  Paul,  or  any  additional  one  erected  in  the  City 
of  St.  Paul,  without  the  location  thereof  first  having  been  ap- 
proved by  the  common  council  of  said  city. 

1360.  Sec.  10.  This  ordinance  shall  be  in  force  from  and 
after  the  filing  with  the  city  clerk,  by  the  said  The  Eureka 
Improvement  Company,  of  a  resolution  duly  adopted  by  its 
board  of  directors,  accepting  it  upon  all  the  terms  and  condi- 
tions herein  contained,  and  such  acceptance  shall  be  deemed 
an  agreement  of  said  The  Eureka  tmprovemenl  Company  with 
said  city  to  perform  all  and  singular  all  the  matters  and  things 
required  of  said  company  to  be  performed  under  this  ordi- 
nance, and  such  acceptance  shall  contain  an  express  agree- 
menl  to  perform  all  of  said  matters  and  things  b\  said  The 
Eureka  Improvement  Company  obligated  to  be  performed  in 
this  ordinance.  And  it  is  further  provided  that  the  rights 
hereby  granted  are  further  subjeel  to  all  the  conditions  and 
requirements  of  the  ordinance  heretofore  passed  allowing 
The  Eureka  fmprovemenl  Conrpan)  to  use  the  streel  ol  said 
city  for  the  purpi  ise  i  >f  eleel  ric  lighl  ing. 

(Rights  forfeited  by  Resolution  of  the  Common  Council,  ap 
proved  M;i\   29,  I! I 


|!MI 

FARWELL,  OZMUN,  KIRK  &  COMPANY. 
I  Approved  Sept.  2,  190  1.  > 

1361.  Whereas,  There  was  heretofore  presented  to  the 
B  >ard  of  Aldermen,  one  of  the  branches  of  the  Common  Coun- 
cil of  the  City  of  St.  Paul,  the  petition  of  Farwell,  Ozmnn, 
Kirk  t\  Company,  a  corporation,  the  owner  of  all  the  land  and 
property  abutting  upon  and  adjoining  the  portion  of  Second 
street  in  the  City  of  St.  Paul,  hereinafter  described,  praying 
for  the  vacation  and  discontinuance  of  the  northerly  seven- 
teen (17)  feet  of  said  Second  street,  which  lies  south  of  that 
portion  of  Lot  numbered  one  (1),  in  Block  numbered  thirty- 
one  (31).  of  St.  Paul  Proper,  which  is  known  and  described 
as  Lots  seven  (7),  ten  (10)  and  eleven  (11),  of  the  subdivision 
of  Lot  one  (1),  in  Block  thirty-one  (31),  of  St.  Paul  Proper, 
and  which  is  hereafter  to  be  known  as  Lot  numbered  eight 
(8),  of  Auditor's  Subdivision  number  thirty-five  (35),  said 
portion  so  to  be  vacated  being  more  particularly  described  as 
follows :  Commencing  at  the  southwesterly  corner  of  said 
lot  numbered  one  (1),  of  block  numbered  thirty-one  (31),  of 
St.  Paul  Proper,  according  to  the  recorded  plat  thereof ; 
thence  southerly  and  along  the  westerly  boundary  line  of  said 
lot  numbered  one  (1).  produced  a  distance  of  seventeen  (17) 
feet ;  thence  easterly  and  parallel  to  the  southerly  line  of  said 
lot  numbered  one  (1)  a  distance  of  one  hundred  sixty  (160) 
feet;  thence  to  the  right,  thirteen  degrees  (13°),  a  distance  of 
twenty-three  (23)  feet;  thence  to  the  left,  seventy  degrees 
(70  )  and  thirty  minutes  (30'),  a'distance  of  fifteen  (15)  feet; 
thence  westerly  along  the  southed)'  line  of  said  lot  numbered 
one  (1)  a  distance  of  thirty  (30)  feet  to  the  monument  locat- 
ed in  the  angle  in  the  southerly  boundary  line  of  said  lot  num- 
bered one  ( 1 )  :  thence  westerly  along  the  southerly  boundary 
line  of  said  lot  numbered  one  (1)  a  distance  of  one  hundred 
sixty-five  and  ninety-seven  one-hundredths  (165.91)  )  feet  to 
the  place  of  beginning,  and  more  particularly  described  and 
shown  upon  the  plat  annexed  to  said  petition,  which  said  peti- 
tion is  duly  verified  as  required  by  law,  and  sets  forth  the  facts 
and  reasons  for  such  vacation  ;  and 


I'.n 

1362.  Whereas,  The  Board  of  Aldermen  deemed  it  expe- 
dient that  the  matter  therein  referred  to  should  be  proceeded 
with,  and  ordered  said  petition  and  accompanying  plat  to  be 
tiled  of  record  in  the  office  of  the  City  Clerk  of  said  city,  and 
ordered  said  clerk  to  give  notice  by  publication  in  the  official 
paper  of  said  city,  in  the  manner  and  for  the  time  required  by 
law,  that  said  petition  and  the  subject  matter  thereof  would 
be  heard  and  considered  by  the  Committee  on  Streets  of  said 
Board  of  Aldermen  at  a  meeting  thereof  to  be  held  on  the 
21th  day  of  August,  1904,  at  -A  o'clock  P.  M.  of  that  day,  at 
the  Council  Chamber  in  the  Court  House  and  Cit)  Ball  build- 
ing in  said  city,  to  which  said  committee  said  matter  was  duly 
referred  for  hearing  and  report  thereof,  and  thereupon  said 
petition  and  plat  were  duly  filed  in  the  office  of  said  City 
Clerk,  and  said  notice  was  duly  given  and  published  as  re- 
quired by  law  ;  and 

1363.  Whereas,  The  said  Committee  on  Streets  of  said 
Board  of  Aldermen  did  meet  at  the  time  and  place  above  men- 
tioned and  appointed  for  the  hearing,  investigation  and  con- 
sideration thereof,  and  did  then  and  there  duly  investigate 
and  consider  the  matter  of  said  proposed  vacation,  and  did 
then  and  there  hear  all  testimony  and  evidence  adduced  on 
the  part  of  the  petitioner,  and  all  other  persons  interested  in 
the  matter  of  said  proposed  vacation,  and  did  take  proof  of 
the  matter-  averred  in  said  petition,  and.  Being  of  the  opinion 
that  the  prayer  of  said  petition  should  he  -ranted  upon  the 
term-  hereinafter  stated,  did  duly  report  i t >  conclusions  td 
said  Board  of  Aldermen,  recommending  the  adoption  of  an 
appropriate  resolution  declaring  such  vacation;  new.  th 
fore,  it  i-  hereby 

1364.  Resolved,  By  the  Common  Council  of  the  City  of  St. 
Paul,  that  the  northerly  seventeen  (17)  feel  of  Second  street, 
which  lie-  south  of  that  portion  of  lot  numbered  one  (1),  in 
block  numbered  thirty  on,-  (3i)(  ,,f  St.  Paul  Proper,  which  is 
known  and  described  ;i-  lot-  seven  (7),  ten  (in,  and  eleven 
( 1 1  l,  of  the  subdivision  of  lol  one  I  i  I,  in  block  thirtj  one  I  31  I, 
of  St.  Paul  Proper,  and  which  i-  hereafter  to  be  known  as  lol 
numbered  eighl   (8),  of    Auditor's  Subdivision  number  thirtj 


192 

said  portion  so  to  be  vacated  being  more  particu- 
-  :     Commencing  a1  the  southwesterly 
■  l  lot  numbered  one  (1),  of  block  numbered  thirty- 
Paul   Proper,  according  to  the  recorded  plat 
itherly   and   along   the   westerly   boundary 
I    numbered  one    (1),   produced   a   distance  of 
thence  easterly  and  parallel  to  the  soutfr- 
I  lot  numbered  one  (1)  a  distance  of  one  hun- 
160)    feet;  thence   to  the   right,   thirteen  degrees 
listance  of  twenty-three  (23)  feet;  thence  to  the  left, 
i    and    thirty    minutes   (•"><)'),  a  distance 
(15)   Feet;  thence  westerly  along  the  southerly  line 
umbered  one  '  1  i  a  distance  of  thirty  (30)  feet  to 
lonument  located  in  the  angle  in  the  southerly  boundary 
.id  lot  numbered  one  ill;  thence  westerly  along  the 
herly  boundary  line  of  said  lot  numbered  one   (1)   a  dis- 
•    one    hundred    sixty-five   and   ninety-seven   one-hun- 
Iths  I  165.91  i  feet  to  the  place  of  beginning,  as  shown  upon 
the  plat  annexed  to  said  petition,  be  and  the  same  is  hereby 
>n tinned  as  a  public  street,  subject,  however, 
ing  term-  and  conditions,  that  is  to  say: 

1365.         Such  vacation  is  upon  the  express  condition  that  said 
petti  Farwell,   Ozmun,    Kirk   &   Company,   shall   in   all 

fulfill  and  perform  all  the  terms  and  conditions  of  Ordi- 
nani  said  city,  approved  April  29,  1904,  referred 

d  petition,  except  -aid  petitioner  may  extend  the  build- 
in  -aid  (  trdinance  No.  2444  so  that  the  south- 
wall   thereof  shall   take  the   place  and  be  in   lieu  of  the 
:   wall   required  to  be   constructed   under  and  by  the 
tcrn  ordinance,  and  said  petitioner  shall  also  pay  into 

-aid  city  the  sum  of  twenty-five  dollars  C$25), 
1  *ddi!  i"  this  proceeding,  which  is  hereby 

pensation  to  be  paid  to  said  city  in  consider- 
•ion. 


493 

THOMAS  FITZPATRICK. 

Ordinance  No.  2321. 
(Approved  October  23,  1902. 1 

1366.  An    Ordinance    granting    to    J.    C.    Prendergast   and 

Thomas  Fitzpatrick  the  right  to  construct  a  tun- 
nel under  Sixth  street,  between  Wabasha  street 
and  Cedar  street,  in  the  City  of  St.  Paul. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain   as 

follows : 

Sec.  1.  There  is  hereby  granted  to  J.  C.  Prendergast  and 
Thomas  Fitzpatrick  the  right  to  construct,  and  for  the  period 
of  twenty-five  (25)  years  from  the  passage  and  acceptance  of 
this  ordinance  to  maintain  a  tunnel  of  such  si/.c  and  shape 
as  may  be  approved- by  the  Commissioner  of  Public  Winks, 
and  at  such  place  as  he  may  direct,  a  tunnel  extending  from 
the  building  owned  by  said  William  Endicott  and  1  lcnr\  Kndi- 
cott,  and  situate  on  lots  12,  13,  14  and  15,  in  block  6,  in  Si. 
Paul  Proper,  and  part  of  lot  11,  in  said  block,  underneath  the 
surface  of  said  Sixth  street,  to  the  brick  building  situate  on 
lot  5,  in  block  9,  of  St.  Paul  Proper,  and  to  lay  and  maintain 
in  said  tunnel  the  necessary  pipes  for  conducting  steam  from 
the  building  and  premises  first  herein  described  to  the  building 
and  premises  on  the  opposite  side  of  said  Sixth  street,  and 
located  upon  lot  5,  of  block  9,  aforesaid,  for  the  purpose  of 
supplying  heat  for  said  last  mentioned  building. 

1367.  .  '.'.  The  privilege  hereb)  conferred  is  granted 
upon  the  condition  that  the  grantee  herein  -hall  assume  all 
liability  that   may  arise  out   of  or  be  caused  b\    th( 

of  the  privilege  so  granted,  and  -hall  at  all  times  save  the  City 
of  St.  Paul  harmless  therefrom,  and  from  all  damag< 
and  i  growing  oul  of  or  arising  from  the  construction 

and  maintenance  of  said  tunnel,  and  the  pipes  authorized  to 

be   laid   therein. 

1368.  Sec.  ■"'.  No  excavation  shall  he  made  in  said  Sixth 
streel  for  the  purpose  of  constructing  said  tunnel,  and  the 
same  shall  be  placed  ;it  such  poinl  beneath  the  surface  of  the 


I!U 

-  public  safety  and  convenience  may  require,  and  shall 

1»\   the  Commissioner  of  Public  Works. 

1369.  I.     The  privilege  hereb)   conferred -shall  not  at 

■  1.  transferred  or  assigned  to  any  other  per- 
rporation   without   the  consent  of  the  City  of 

be    expressed    by    ordinance    or   resolution    duly 
-  Common  Council,  and  shall  be  held  and  exer- 
by  the  grantees  herein  named,  and  their  author- 
•  the  purpose  of  supplying  to  the  building  now 
ted  on  lot   5,  and  shall   not  be  used  or  employed  for  any 
se,  and  the  grantees  herein  named  shall  not  permit 
the  ri^ht>  and  privileges  hereby  conferred,  or  any  of 
the  conduits  herein  authorized  to  be  laid  or  main- 

tained, t"  he  u>ed  in  any  manner  by  any  other  person,  firm  or 
on  now  or  hereafter  engaged  in  the  business  of  fur- 
nishing heal  to  the  City  of  St.  I'aul  and  its  inhabitants. 

1370.  Sec.  .Y     The  grantees  herein  shall  not  furnish  steam 

in)    of  the  buildings  located  on  said  lot  5,  except 

under  written  contract  with  the  owner,  lessee  or  tenant  there- 

ase  may  be,  and  such  contract  shall  provide  for  a 

stablished  charge  therefor  which  shall  at  no  time 

than  the  actual  cosl   of  supplying  the  same,  and  said 

-  shall  keep  an  accurate  set  of  books  of  account  which, 

mes  truthfully   set  forth   and   disclose   both   the 

supplying  such  steam  heat  and  the  amount  charged  or 

therefor,  and    duplicate   copies  of  all   such  contracts 

upon   the  execution   thereof,  shall  be  filed  in  the  of- 

'ity  Comptroller,  and  the  book  of  account  so  re- 

kept,  under  the  provisions  of  this  section  shall  at 

be   open   to  the   examination   and  inspection  of  the 

mptroller,    and    said    grantees    shall    annually,    on    or 

rst    Mon< lay  in    February  of  each  year,  file  in  the 

!ity  Comptroller,  a  statement  such  as  is  required 

hapter   [V,  of  the  Charter  of  the  City  of  St. 

The    amounts   charged    or    received    for    so    supplying 

t  to  the  buildings  located  on  said  lot  5,  shall  be  taken 

derived  by  the  grantees  herein  from 

and  enjoyment  of  the  privilege  hereby  granted, 


•±95 

and  said  grantees,  on  or  before  the  first  Monday  of  March  in 
each  year  during  the  time  the  privilege  herein  -ranted  shall 
remain  in  force,  shall  pay  unto  the  City  Treasury  a  license  fee 
in  a  sum  equal  to  5  per  cent  of  the  gross  earnings  derived  or 
accruing  from  the  exercise  and  enjoyment  of  the  privilege 
hereby  granted. 

1371.  Sec.  6.  The  grantees  herein,  before  exercising  the 
privilege  hereby  conferred,  shall  execute  and  deliver  to  the 
City  of  St.  Paul  a  good  and  sufficient  bond  thereto  in  the  sunt 
of  five  thousand  dollars  ($5,000.00),  in  such  form  and  with 
such  sureties  as  shall  be  approved  by  the  Corporation  Attor- 
ney of  said  city,  conditioned  for  the  faithful  performance  bj 
said  grantees  of  all  the  obligations  and  conditions  hereby  im- 
posed, and  the  Common  Council  may  at  any  time  thereafter 
require  that  said  bond  shall  be  replaced  with  a  new  bond  with 
other  or  additional  sureties  thereon,  said  new  bond  to  be  sim- 
ilarly o  inditii  med. 

1372.  Sec.  7.  In  the  event  that  the  grantees  herein,  or 
their  authorized  assigns,  shall  fail  at  any  time  to  comply  with, 
or  in  the  event  of  a  breach  by  them  of  any  of  the  terms,  pro 
visions,  conditions  or  limitations  herein  contained,  the  priv- 
ilege hereby  granted  shall  forthwith  terminate  and  become 
forfeited  to  the  City  of  St.  Paul,  and  said  city  shall  have  the 
right  to  close  Mich  tunnel,  or  make  such  public  nse  thereof  as 
public  intefesl  ma\  require. 

1373.  Sec.  8.  The  grantees  herein,  within  thirty  days  after 
the  passage  and  publication  of  this  ordinance  -hall  tile  with 
the  Cit'3  Clerk  their  written  acceptance  thereof,  and  therein 
shall  agree  to  abide  by,  keep  and  perform  all  the  terms,  limi- 
tation-, conditions  and  provisions  thereof;  such  acceptani 

be  in  such  form  as  shall  be  approved  by  the  Corporation  At- 
torney, and  within  said  period  said  grantei  -  shall  file  in  office 
of  the  City  Comptroller  a  certified  cop)  of  such  acceptance, 
together  with  the  bond  herein  provided  I 

See.  8.     This  ordinance  -had  take  effecl   and  be  in  force 
from   and   after   it-   passage,   publication   and    acceptance 
hereinbefi  »re  pre  ivided. 


I'm; 

BROS.  AND  KELLY  MERCANTILE  COMPANY 
Ordinance  No.  1914. 
(Approved  March  30,  1897.) 

1374.  An  Ordinance  granting  to  Foley  Bros.  &  Kelly  Mer- 

cantile Company,  a  corporation,  permission  to  build 
a  platform  along  the  south  side  of  Third  street. 
in.  ui   Council   of  the  City  of  St.   Paul  do  ordain  as 
foil 

1.  That    Foley  Bros.  &  Kelly  Mercantile  Company 
ind  it  is  hereby  authorized  and  empowered  to  construct  a 

platform  along  the  south  side  of  Third  street  so  that  the  same 
shall  commence  at  a  point  38  feet  easterly  from  Sibley  street, 
and  thence  run  along  the  sidewalk  on  said  Third  street  20  feet 
i  platform  now  existing  on  said  sidewalk,  and  also  from 
the  easterly  end  of  said  platform  14  feet  further  easterly,  the 
<ame  to  be  of  an  average  height  of  12  inches  above  the  present 
level  of  the  sidewalk  on  said  street.  All  of  said  work  shall  be 
done  under  the  supervision  of  and  as  authorized  by  the  City 
Engineer. 

2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

FOLEY  BROTHERS  &  KELLY. 
Ordinance  No.  2381. 

(Approved  May  25,  1903.) 

1375.  An   Ordinance  granting  Foley  Brothers  &    Kelly,  a 

corporation,  the  right  to  construct  a  tunnel  under 
Broadway  street,  between  Third  street  and  Fourth 
street,  in  the  City  of  St.  Paul. 

Common  Council  of  the  City  of  St.   Paul   do  ordain  as 
follows : 

1.     Privilege  is  hereby  granted  to  Foley  Brothers  & 

right   to  construct,  and  for  the  period  of  twenty- 

ifter  the  passage  and  acceptance  of  this  ordinance, 

i   a  tunnel   of  such  size  and  shape  as  may  be   ap- 

by  the  Commissioner  of  Public  Works,  and  at  such  a 


r.i; 

place  as  he  may  direct,  extending  from  Lot  four  (-1),  of  Block 
61,  Kittson's  Addition  to  the  City  of  St.  Paul,  underneath  the 
surface  of  said  Broadway  street,  to  Lots  one  ( 1  ),  two  i "-;  I  ami 
three  (3)  of  Block  1,  of  Hopkin's  Addition  to  the  City  of  St. 
Paul,  and  to  lay  and  maintain  in  said  tunnel  the  necessary 
pipes  and  wires  for  conducting  heat  and  power. 

1376.  Sec.  2.  The  privilege  hereby  conferred  is  granted 
upon  the  condition  that  the  grantee  herein  shall  assume  all 
liability  that  may  arise  out  of  or  be  caused  by  the  exercise  of 
the  privilege  so  granted,  and  shall  at  all  times  save  the  City  of 
St.  Paul  harmless  from  any  and  all  damages,  costs  and  ex- 
penses growing  out  of  or  arising  from  the  construction  and 
maintenance  of  said  tunnel  and  the  pipes  and  wires  author- 
ized to  be  laid  therein. 

1377.  See.  3.  No  excavations  shall  be  made  in  said  Broad- 
way street  for  the  purpose  of  constructing  said  tunnel  and 
the  same  shall  be  placed  at  such  point  beneath  the  surface  of 
the  street  as  public  safety  and  convenience  may  require  and 
shall  be  prescribed  by  the  Commissioner  of  Public  Works  of 
the  City  of  St.  Paid. 

1378.  Sec.  1.  The  privilege  hereby  conferred  shall  not,  at 
any  time,  be  sold,  transferred  or  assigned  to  am  other  person, 
firm  or  corporation,  without  the  consent  of  the  Cit\  oi  St. 
Paul,  and  shall  be  held  and  exercised  for  the  purpose  of  sup- 
plying heat  and  power  to  the  building  to  be  erected  upon  1  >1 
one  |  1  i.  tWO  (  2  )  and  three  (  3  ).  of  Block  I.  I  topkin's  Addition, 
and  shall  not  be  used  or  employed  for  any  other  purpose  what 
soever. 

1379.  Sec.  5.     The  grantee  herein   shall   nol    furnish   lighl 
or  heal  to  the  building  to  be  erected  on  said  lots   I.  2  and  3, 
Block  L,  of  Hopkin's  Addition,  excepl  under  written  contracl 
with  the  owner  or  tenant  thereof,  and  such  contracl  shall  pro 
vide   For  a   fixed   and   established   charge,   which   shall,  at   no 

time,  be   less   than    the   actual    COSI    of   Supplying    said    heal    and 

light,  and  said  grantee  shall  keep  an  accurate  sel  of  books  oi 

■nut.  which   shall   at    all   times  truthfully   set    forth   and   dlS- 

■■  both  the  cosI  of  supplying  lighl  and  heat  and  the  amounl 
charged  or  received  therefor,  and  said  l ks  of  accounl  shad 


at  all  times  be  open  to  the  examination  and  inspection  of  the 
Cit)  Comptroller  oi  the  City  of  St.  Paul.  Said  grantee  shall 
annually,  on  or  before  the  first  Monday  in  February  of  each 
and  everj    year,  file  in  the  office  of  said  City  Comptroller,  a 

ment  such  as  is  required  by  Section  27,  Chapter  4,  of  the 
Charter  of  the  City  of  St.  Paul,  and  said  grantee  shall  likewise 
and  on  or  before  the  first  Monday  in  March  of  each  and  every 
year,  pay  into  the  City  Treasury  a  license  fee  in  a  sum  equal 

per  cent  of  the  gross  earnings  derived  or  accruing'  from 
the  exercise  and  enjoyment  of  the  privilege  hereby  granted. 

1380.  Sec.  6.     The  grantee  herein  shall  execute  and  deliver 
he  City  of  St.  Paul  a  good  and  sufficient  bond  in  the  sum 

of  Five  Thousand  Dollars  ($5,000.00),  in  such  form  and  with 
such  sureties  as  shall  be  approved  by  the  Corporation  Attor- 
ney of  said  city,  conditioned  for  the  faithful  performance  by 
-aid  grantee  of  all  the  obligations  and  conditions  hereby  im- 
1.  This  bond  shall  be  executed  and  delivered  before  any 
of  the  privileges  hereby  conferred  are  exercised  by  the  gran- 
herein. 

1381.  i .  In  the  event  that  the  grantee  herein  shall  fail 
at  any  time  to  comply  with  any  of  the  terms,  provisions,  con- 
ditions or  limitations  herein  contained,  the  privilege  hereby 
granted  shall  forthwith  terminate  and  become  forfeited  to  the 

of  St.    Paul,  and  said  city  shall  have  the  right  to  close 
such  tunnel  or  make  such  public  use  thereof  as  the  public  in- 
lay require. 

1382.  -  Within  thirty  days  after  the  passage,  ap- 
proval and  publication  of  this  ordinance,  the  grantee  herein 
shall  tik-  with  the  City  Clerk  his  written  acceptance  thereof,  in 
such  form  as  shall  he  approved  by  the  Corporation  Attorney, 
and  within  the  same  period,  the  said  grantee  shall  file  in  the 
office  of  the  City  Comptroller,  a  certified  copy  of  such  accept- 
ance, together  with  the  bond  herein  provided  for. 

9.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval,  publication  and  accept- 
ance as  hereinbefore  provided. 


499 

GASLIN,  DAVID. 

Ordinance  No.  2075. 

(Approved  October  6,  1899.) 

1383.         An  Ordinance  granting  unto   David   Gaslin  permis- 
sion to  use  a  portion  of  the  levee  in  the  Sixth  ward 
of  the  City  of  St.  Paul. 
The  Common  Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  permission  and  authority  be,  and  the  same 
is  hereby  given,  upon  the  conditions  hereinafter  named,  unto 
David  Gaslin,  to  use  and  occupy  for  the  full  period  of  twenty- 
five  (25)  years  from  the  date  of  the  passage  of  this  ordinance. 
for  the  manufacture  of  lumber  of  all  kinds  and  descriptions 
usually  made  by  sawmills,  and  the  rafting  and  storing  of  logs 
upon  the  shore,  all  that  portion  of  the  levee  in  the  Sixth  ward 
of  the  City  of  St.  Paul  described  as  follows: 

All  those  portions  of  lots  numbered  9,  10,  11  and  12,  in 
block  17,  and  lots  numbered  7,  8  and  0,  in  block  18,  of  Brook- 
lynd,  according  to  the  plat  thereof  on  file  and  of  record  in  the 
office  of  the  Register  of  Deeds  in  and  for  the  County  of  Ram- 
sey and  State  of  Minnesota  lying  northerly  of  the  line  drawn 
parallel  with  the  southerly  side  of  the  alley  running  easterly 
and  westerly  through  said  blocks  17  and  is,  and  distanl  forty 
(40)  feet  upon  the  northerly  direction  therefrom,  together 
with  any  accretions  which  may  be  added  therein  on  the  river 
side  or  end  thereof. 

This  grant  of  permission  is  made  by  and  on  behalf  of  the 
City  of  St.  Paul  upon  the  express  terms  and  conditions  here 
inafter  sel   forth,  to-wil  : 

Firsl  Said  grantee  above  named  shall  pa)  to  the  (  ity 
of  St.  Paul  a^  compensation  and  rental  for  the  privileges  and 
premises  hereby  -ranted,  demised,  leased  and  let,  the  sum  ol 
One  Dollar  ($1)  per  annum,  payable  annually  in  advance,  for 
and  during  the  time  herein  specified. 

ond  The  said  grantee  shall  ereel  upon  the  property 
above  described  and  hereby  and  herein  demised,  leased  and  let, 
a  sawmill  thirty-sia  (36)  feel  in  width  by  one  hundred  (100) 
feel   in  length,  suitable  to  the  business  to  be  conducted,  and 


.Mm 

such  other  buildings  as  the  condud  of  his  business  shall  here- 
after  require,  upon  the  lots  hereby  leased,  in  the  conduct  of 
his  business,  either  by  the  erection  of  buildings  thereon  or  for 
the  piling  of  lumber,  slabs  or  any  kind  of  the  product  of  said 
business  Ml  of  said  buildings  shall  be  built  of  wood,  and 
shall  be  built  under  and  upon  plans  approved  by  the  Building 
[nspector  of  the  Cit)  of  St.  Paul  after  obtaining  a  proper  per- 
mit therefor.  Said  building  shall  be  used  for  the  manufac- 
turing purposes  above  se1  forth  and  in  connection  therewith. 
Provided,  however,  that  the  chimneys  and  smokestacks,  if 
any  there  be.  to  be  used  in  said  buildings,  shall  extend  at  least 
fifty  (50)  feet  above  the  grade  of  the  streets  adjacent  thereto, 
and  provided  that  the  Common  Council  of  the  City  of  St.  Paul 
may.  by  special  resolution,  permit  the  erection  by  said  grantee 
uildings  of  a  different  character  and  material  than  those 
above  set  forth.  The  forty  (40)  foot  strip  reserved,  northerly 
from  the  southerly  line  of  the  alley  in  blocks  IT  and  18  of 
Brooklynd,  shall  be  maintained  by  the  grantee  herein  as  a  pub- 
lie  alley  or  highway. 

Third — Tin-  grantee  herein  named  shall  complete  said 
building-  and  have  his  said  business  in  full  operation  within 
twelve  i  12)  months  from  the  passage  of  this  ordinance,  and 
within  ninety  I  90  I  days  after  the  expiration  of  the  term  of  the 
lease  herein  granted  said  building  or  buildings  shall  be  re- 
moved from  said  above  described  premises  by  said  grantee, 
and  in  case  of  failure  to  remove  said  building  or  buildings 
within  the  time  above  specified,  those  buildings  or  such  part 
thereof  ;i<  may  thereafter  remain  on  said  premises  shall  be- 
come the  property  of  the  City  of  St.  Paul. 

Fourth — The  said  grantee  shall  and  will  forever  indem- 
nify and  save  harmless  the  city  of  St.  Paul  against  any  and  all 
damages,  judgments,  claims,  costs  and  expenses  of  the  same 
which  said  city  may  suffer,  or  which  may  be  recovered  or  ob- 
ained  from  or  against  said  city  from  or  by  reason  of  or  grow- 
ing out  of  or  resulting  from  the  passage  of  this  ordinance  or 
the  performance  or  transaction  of  any  matter  or  thing  con- 
nected therewith  or  mentioned  therein,  or  with  the  exercise 
by  said  grantee  of  the  privilege  herein  and  hereby  granted. 


501 

1384.  Sec.  2.  This  ordinance  shall  not  be  construed  as  in 
any  manner  guaranteeing  or  warranting  any  of  the  rights  ami 
privileges  herein  and  hereby  granted,  nor  the  title  of  any  of 
the  lands  herein  described  and  herein  and  hereby  demised. 
leased  and  let. 

1385.  Sec.  3.  All  piling,  riprapping  and  rilling  necessary 
to  be  done  on  the  land  above  described  shall  he  let  to  St.  Paul 
contractors,  or  he  performed  by  persons  and  laborers  residing 
in  the  City  of  St.  Paul,  and  all  of  the  stone  which  ma\  be  used 
in  the  construction  of  any  of  the  said  buildings  to  lie  con- 
structed on  said  premises  which  the  grantee  herein  has  nut 
already  provided  for,  shall  be  of  St.  Paul  manufacture,  ami 
shall  be  quarried  within  the  city  limits  of  the  City  of  Si.  Paul. 

1386.  See.  4.  If  the  said  grantee  shall  fail  in  any  respeel 
to  comply  with  any  of  the  provisions  of  this  ordinance,  in  any 
particular,  then  all  the  rights  and  privileges  herein  ami  herebj 
granted  shall  terminate  and  shall  be  and  become  immediately 
forfeited  to  the  City  of  St.  Paul,  and  said  grant  or  lease  ■-hall 
be  thereby  terminated  and  forfeited  in  all  things  whatsoever. 

1387.  See.  •">.  All  buildings  placed  on  the  -aid  land  herein 
and  hereby  demised,  leased  and  let.  shall  he  regarded  a-  and 
construed  to  be  personalty  for  all  the  purposes  of  taxation 
and  the  grantee  herein  hereby  agree-  to  pay  all  the  taxes 
which  may  be  levied  or  assessed  on  said  buildings,  and  in  case 
the  said  grantee  shall  allow  said  taxes  to  remain  unpaid  until 
the  date  of  the  tax  sale  thereof,  then   all  the  rights  and   privil- 

herein   and   hereby  granted   shall    iinmedialeh    reverl    and 

become  forfeited  to  the  Cite  of  St.  Paul,  and  this  grani  or 
levee  -hall  thereupon  he  and  become  terminated  and  forfeited 
in  all  things  whatsoever. 

1388.  »;.  The  -aid  grantee  herein  named  shall  nol 
later  than  twelve  I  l '.'  >  month-  after  of  this  ordi 
nance  begin  the  prosecution  of  the  manufacturing  business 
hereinbefore  described  upon  the  said  premises,  and  during  Hie 
continuance  of  tin-  lease,  and  all  of  the  privileges  and  r 
herein  and  hereby  granted,  shall  continuous!)  prosecute  the 
-ante,  employing  at  all  time-  during  the  continuance  hei 

at  least  and   not    less  than   fort  \    i  Hn   men  at   the  mill  to  be 


502 

as  aforesaid;  thai   is  to  say,  he  shall  be,  and  he  is 

hereby  required  to  operate  or  run  the  sawmill  hereunder  to 

be  constructed,  such  a  length  of  time  in  each  and  every  year 

shall  constitute  a  sawmill   season  of  reasonable  duration, 

rding   to  the  customs  and  usages  of  the  sawmilling  busi- 

.  and  it  at  any  time  during  the  term  of  this  lease  the  gran- 
tee herein  shall  fail  for  any  successive  thirty  (30)  days  to 
conduct  the  said  business  as  aforesaid,  then  the  City  of  St. 
Paul  shall  have  the  right  and  option,  by  resolution  of  its  Com- 
mon Council,  upon  thirty  (30)  days*  written  notice  to  the  said 
grantee  o\  its  intention  so  to  do,  to  cancel  and  terminate  this 
kase  and  forfeit  the  rights  and  privileges  herein  and  hereby 
granted  and  conferred.  Provided,  however,  that  if  said  failure 
prosecute  the  said  business  as  aforesaid  shall  be  shown 
to  the  satisfaction  of  the  Common  Council  of  the  City  of  St. 
Paul  to  have  been  caused  or  occasioned  by  flood  or  by  damage 
from  tire  or  the  elements,  or  by  strikes,  then  the  period  of  the 
continuance  of  such  default,  if  it  be  for  a  reasonable  time  only, 
shall  not  be  taken  as  a  part  of  the  said  thirty  (30)  days. 

Sec.  7.  That  if  the  said  grantee  shall  fail  to  comply  with 
any  of  the  provisions  of  this  ordinance,  then  the  City  of  St. 
Paul  herein  and  hereby  has  the  right  and  option  and  the  priv- 

.  on  giving  thirty  (30)  days'  notice  in  writing  to  the  said 
grantee  of  its  intention  so  to  do,  by  resolution  of  its  Common 
Council,  to  terminate  and  forfeit  this  lease  and  the  rights  and 
privileges  herein  granted  and  conferred.  Provided,  however, 
that  in  case  any  forfeiture  or  termination  occurs  the  grantee 
herein  shall  have  the  right  during  the  six  months  next  follow- 
ing: such  forfeiture  to  remove  his  machinery,  improvements  or 
other  property  from  the  premises. 

1389.  Sic.  S.  All  rights  herein  and  hereby  granted  shall 
be  at  all  times  subject  to  all  ordinances  of  the  City  of  St.  Paul 
now  in  force  or  any  which  may  hereafter  take  effect,  and  no 
right-  granted  or  required  under  the  terms  of  this  ordinance 
be  transferred  except  with  the  consent  of  the  Common 
Council  first  thereto  obtained. 

Sec.   9.     The  grantee  herein  shall  file  with  the  City 
Clerk  of  this  city  within  thirty  (30)  days  after  the  publication 


503 

of  this  ordinance,  his  written  acceptance  of  the  provisions 
thereof  in  a  form  to  be  approved  by  the  Corporation  Attorney 
of  the  City  of  St.  Paul. 

Sec.  10.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  publication  and  acceptance. 

M.  A.  GEDNEY  PICKLING  COMPANY. 
Ordinance  No.  1508. 

(Approved  June  12,  1801.) 

1391.  An  Ordinance  granting  unto  M.  A.  Gedney  Pickling 

Company  permission  to  use  a  portion  of  the  levee 
in  the  Sixth  ward  of  the  City  of  St.  Paul. 
The   Common  Council  of  the  City  of  St.   Paul  do  ordain   as 

follows : 

Sec.  1.  That  permission  and  authority  is  hereby  given 
and  granted  unto  The  M.  A.  Gedney  Pickling  Company  to  use 
and  occupy  for  the  full  period  of  twenty-five  (25)  years  from 
the  date  of  the  passage  of  this  ordinance,  for  manufacturing 
purposes,  in  the  line  of  business  in  which  said  company  is  now 
engaged,  manufacturing  pickles,  vinegar,  mustard  and  condi- 
ments, and  all  things  necessary  and  incident  thereto,  thai  por- 
tion of  the  levee  in  the  Sixth  ward  of  the  City  of  St.  Paul,  de- 
scribed as  follows,  to-wit:  Tots  one  (1)  and  two  (2)  of  block 
B,  in  Robertson's  Addition  to  West  St.  Paul. 

Provided,  that  the  grantees  herein  named  shall  employ  in 
their  said  business  at  all  times  during  the  term  of  this  fran- 
a  monthly  average  per  year  of  nol  less  than  fifteen  I  L5) 
men.  This  grant  is  made  upon  the  express  condition  that  the 
grantees  herein  named  shall  pay  to  the  Cit\  of  St.  Paul,  as 
compensation  and  rental  for  the  privilege  hereb)  granted,  the 
sum  of  one  dollar  ($1  -  per  annum  for  and  during  the  time 
herein  above  specified,  payable  annually  in  advam 

1392.  v.     That    permission    and    authority    is   hereby 
given  and  granted  unto  ih<-  said  The  M.    V  Gedne}    Pickling 
Company,  to  erect,  construcl   and  maintain  on   ^ai<l   lots  one 
( i  i  and  two  I  2  I  a  sixty  (60)   feel  by  ninet)  i  I  brick 
veneered   two-story  building,   with  stone   foundation,   foi 


504 

in  their  said  business.  Both  of  the  stories  of  the  said  building 
i  above  the  grade  of  the  street  in  front  of  said  lots,  which 
Jmilding  shall  be  built  under  the  directions  and  according  to 
the  instructions  of  the  building  inspector  of  said  city,  upon  ob- 
taining a  permit  SO  to  do,  and  the  payment  of  the  proper  Eees 
then 

Provided,  however,  that  the  chimne)  and  smokestack,  if 
any.  to  be  used  in  connection  with  Mich  business  shall  extend 
at  lea>t  seventy-five  (75)  feet  above  the  grade  of  the  street 
upon   which  said  building  fronts; 

And    provided    further,    that    this   ordinance   shall    not   be 
5trued   as   guaranteeing    or   warranting-  any   of   the    rights 
hereby  granted ; 

And  provided  further,  that  the  grantees  herein  named 
shall  complete  said  building  and  have  said  business  in  opera- 
tion within  ninety  (90)  days  from  the  passage  of  this  ordin- 
ance, and  that  before  the  expiration  of  said  term  of  twenty- 
five  (25)  year-  said  building  shall  be  removed  from  said  above 
ribed  premises  by  said  grantees,  and  in  case  of  failure  to 
remove  said  building  within  said  time,  the  same,  or  such  part 
thereof  as  may  hereafter  remain  upon  said  premises,  shall  be- 
come the  property  of  said  City  of  St.  Paul. 

1393.  Sec.  •'!.  Xo  rights  acquired  under  this  ordinance 
shall  be  transferred  to  any  other  corporation,  company,   per- 

■  r  persons,  unless  the  consent  of  the  common  council  of 
^aid  city  shall  be  first  obtained. 

1394.  I.  Said  grantees  shall  and  will  forever  indem- 
nify and  save  harmless  the  City  of  St.  Paul  against  any  and 
all  damages,  judgments,  claims,  costs  and  expenses  of  same, 
which  it  may  sufifer  or  may  be  recovered  or  obtained  for  'or 
against  said  city  from  or  by  reason  of  or  growing  out  of  or 
resulting  from  the  passage  of  this  ordinance,  or  any  matter  or 
thing  connected  therewith,  or  with  the  exercise  by  said  gran- 

»f  privileges  hereby  granted. 

1395.  5.      If   -aid  grantee  shall  fail  in  any  respect  to 
ply    with    the   provisions   of   this   ordinance,   then   all   the 

right-  and  privileges  hereby  -ranted  shall  be  forfeited  to  said 
'aul. 


505 

1396.  Sec.  6.  The  said  grantees  shall  hie  with  the  city- 
clerk,  within  thirty  (30)  days  after  the  publication  of  this  or- 
dinance, their  written  acceptance  of  the  provisions  thereof, 
the  same  to  he  approved  by  the  corporation  attorney. 

Sec.  '. .  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  publication  and  the  acceptance  thereof  as 
provided  in  section  six  (6)  of  this  ordinance. 

SAME. 

Ordinance  No.  1963. 
(Approved  January   ', ,  1898.) 

1397.  An    Ordinance    granting    unto    the    M.    A.    Gedney 

Pickling   Company  permission  to  use   a  portion  of 

the  levee  in  the  Sixth  ward,  of  the  City  of  St.  Paul. 

The  Common  Council  of  the  City  of  St.    Paul   '1"  ordain  as 

follows : 

Sec.  1.  That  permission  and  authority  is  hereby  given 
and  granted  unto  The  M.  A.  Gedney  Pickling  Company  to 
use  and  occupy  for  the  full  period  of  eighteen  years  and  seven 
months  from  the  date  of  tin-  passage  of  this  ordinance,  for 
manufacturing  purposes,  in  the  line  of  business  in  which  said 
company  is  now  engaged,  manufacturing  pickles,  vinegar, 
mustard  and  condiments,  and  all  other  things  necessary  and 
incident  thereto,  that  portion  of  the  levee  in  the  Sixth  ward, 
of  the  City  of  St.  1'anl.  described  as  follows,  to-wit: 

Lot  three  (3)  and  tin-  Easterly  one-half  (J^)  of  I."!  four 
(\)  of  Block  1'..  in  Robertson's  Addition  to  West  St.  Paul; 

Provided,  That  the  grantee  herein  named  shall  emplo)   in 

iid   business  at   all  times  during  the  term  of  this  franchise 

a  monthly  average  per  year  of  not  less  than  fifteen  I  15)  men. 

This  granl    is  made  upon   the  express  condition   that    the  gran 
tec    herein    nani.d    shall    pa\     to   the    Cit)    of    St.    I'atd.   as   com- 
pensation  and   rental    for   the   privileges   herebj    granted,   the 
sum  of  one   ($1)   dollar  per  annum   for  and  during  the  time 
herein  above  specified,  payable  annuall)   in  advance. 

1398.  That  permission  and  authority  is  hereby 
given  and  granted  unto  tin  -aid  The  \i.  \.  Gedne)  Pickling 
Company,  t"  erect,  construci  and  maintain  ',n  said  lots  such 


buildings  as  may   be  suitable  and  necessary  for 

in  their  said  business  which  building  or  buildings  shall 

uilt  under  the  directions  and  according  to  the  instructions 

of  the  Building  Inspector  of  said  city,  upon  obtaining  a  permit 

do,  and  the  payment  of  the  proper  fees  therefor. 

Provided,  however,  that  the  chimney  and  smokestack,  if 

any,  to  be  used  in  connection  with  such  business,  shall  extend 

at   least  seventy-five   (75)    Feet   above  the  grade  of  the  street 

upon  which  said  building  fronts: 

And.   provided    further,   that  this  ordinance   shall   not  be 
•rued    as   guaranteeing   or   warranting   any   of   the   rights 
hereby  granted  : 

And.  provided  further,  that  before  the  expiration  of  said 
term  of  eighteen  years  and  seven  months,  said  building  or 
buildings  shall  be  removed  from  said  above-described  prem- 
ises by  said  grantee,  and  in  case  of  failure  to  remove  said 
building  or  buildings  within  said  time,  the  same,  or  such  part 
thereof,  as  may  thereafter  remain  upon  said  premises  shall 
become  the  property  of  said  City  of  St.  Paul. 

1399.  Sec.  3.  No  rights  acquired  under  this  ordinance 
shall  be  transferred  to  any  other  corporation,  company,  per- 
son or  persons,  unless  the  consent  of  the  Common  Council  of 
said  city  shall  be  first  obtained. 

1400.  Sec.  4.  Said  grantee  shall  and  will  forever  indem- 
nify and  save  harmless  the  City  of  St.  Paul  against  any  and 
all  damages,  judgments,  claims,  costs  and  expenses  of  same, 
which  it  may  suffer,  or  may  be  recovered  or  obtained  for  or 
against  said  city  from  or  by  reason  of,  or  growing  out  of,  or 
resulting  from  the  passage  of  this  ordinance,  or  any  matter 
or  thing  connected  herewith,  or  with  the  exercise  by  the  said 
grantee  of  the  privileges  hereby  granted. 

1401.  5.  If  said  grantee  shall  fail  in  any  respect  to 
comply  with  the  provisions  of  this  ordinance,  then  all  the 
rights  ami  privileges  hereby  granted  shall  be  forfeited  to  said 
City  of  St.  Paul. 

1402.  6.     The    said   grantee    shall   file   with   the   City 
within    thirty    daw   after  the   publication   of   this   ordi- 


505 

nance    its    written   acceptance   of   the    provisions   thereof,    the 
same  to  be  approved  by  the  Corporation  Attorney . 

Sec.  ',.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  publication,  and  the  acceptance  thereof  as 
provided  in  Section  six  (6)  of  this  ordinance. 

SAME. 
Ordinance  No.  1992. 

(Approved  July  23,  1898.) 

1403.  An  Ordinance  granting  to  The  M.  A.  Gedney  Pick- 
ling Company  permission  to  erect  and  maintain  a 
set  of  scales  for  weighing  hay,  coal  and  all  kinds  of 
provisions  necessary  to  be  weighed. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows  : 

Sec.  1.  Permission  is  hereby  granted  to  The  M.  A.  Ged- 
ne_\  Pickling  Company  to  erect  and  maintain  a  set  of  scales  in 
Water  street,  adjoining  Block  "B,"  of  Robertson's  Addition 
to  West  St.  Paul,  for  weighing  hay.  coal  and  all  kinds  of  pro 
visions  necessary  to  be  weighed.  The  said  scales  to  be  erect- 
ed at  such  a  point  in  said  street  and  in  such  a  manner  as  shall 
be  directed  by  the  City  Engineer  of  St.  l'aul,  and  under  his 
directi'  >n. 

Tin-  City  of  St.  Paul  reserves  the  righl  to  order  said 
.scale-  to  be  removed  al  an)  time,  and  the  said  The  M.  \.  Ged 
ney  Pickling  Company  agrees  to  remove  the  same  whenever 
so  directed  by  a  resolution  passed  by  the  Common  Council  of 
said  city,  and  upon  Mich  removal  t<>  restore  that  portion  oi  the 
streel  upied  by  said  scales  to  it-  presenl  condition;  the 

said  company,  in  the  construction  of  said   scales  and  thi 
moval  thereof,  and  al  all  times  during  the  maintenance  of  said 
scale,  is  to  proteel  the  said  city  and  save  and  keep  n  harmless 
from  an)   and  all  damages  thai   may  ari  msequence  of 

the  construction  and  maintenance  or  removal  of  the  same. 

1404.         Sec.  3.     This  ordinance  -had   taki    effeel   and  be  in 
force  from  and  after  its  pa  ind  publication,  and  upon  the 

filing  by  said  The   Al.    \    Gedne)    Pickling   Company,  in  the 


508 

the  Cit\    Clerk  of  Si.    Paul,  of  a  written  acceptance 
thereof  in  such  form  as  shall  be  provided  by  the  Corporation 
ney. 

SAME. 

Ordinance  No.  2372. 

(Approved  May  6,  1903.) 

1405.  An  Ordinance  giving  consent  and  approval  of  a 
transfer,  assignment  and  conveyance  by  the  M.  A. 
Gedney  Pickling  Company  to  the  St.  Paul  Roofing, 
Cornice  &  Ornament  Company,  of  its  rights  in  and 
to  Lots  numbered  one  (1),  two  (2)  and  three  (3), 
and  the  easterly  one  half  i}/z)  of  Lot  number  four 
(4),  in  block  "B,"  of  Robertson's  Addition  to  West 
St.  Paul. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows  : 

1.  That  consent,  permission  and  approval  of  the 
of  St.  Paul  is  hereby  given  and  granted  to  the  sale,  as- 
signment, transfer  and  conveyance,  by  the  M.  A.  Gedney  Pick- 
ling Company,  of  all  its  rights  and  interest  in  and  to  lots  num- 
bered one  I  1  i.  two  (2)  and  three  (3),  and  the  easterly  one- 
half  |  f2  I  of  Lot  numbered  four  (4),  in  Block  "B,"  of  Robert- 
son's  Addition  to  West  St. -Paul,  in  the  City  of  St.  Paul.  Min- 
nesota, to  the  St.  Paul  Roofing,  Cornice  &  Ornament  Com- 
1  any.  as  the  same  are  now  held  and  exercised  under  Ordinance 
No.  1508  of  said  City,  approved  June  12,  1891,  and  all  other 
ordinances  subsequent  and  supplementary  thereto;  it  being 
expressly  understood  that  such  consent  is  upon  condition 
that  -aid  St.  Paul  Roofing.  Cornice  &  Ornament  Company 
shall  take  and  hold  the  same  subject  to  all  conditions  herein 

tined.  in  so  far  as  they  apply  to  the  nature  and  business 
transacted  by  it.  and  that  it  will  comply  with  all  the  terms 
and  conditions.of  said  ordinance  granting  rights  in  said  prop- 
to  said  M.  A.  Gedney  Pickling  Company. 

2.  This  ordinance  shall  take  efifect  and  be  in  force 
n  and  after  its  passage  and  publication. 


509 

GREAT  NORTHERN  RAILWAY  CO. 

Ordinance  No.  2320. 

(Approved  Oct.  23,  1902.) 

1406.  An  Ordinance  granting  permission  to  the  Great 
Northern  Railway  Company  to  construct  a  tunnel 
under  Third  street,  in  the  City  of  St.  Paul,  for  the 
purpose  of  transmitting  heat  and  light  to  its  freight 
houses  and  other  buildings. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Whereas.  The  Great  Northern  Railway  Company  is  de- 
sirous of  obtaining  the  right  to  construct  a  tunnel  under  Third 
street,  for  the  purpose  of  heating  and  lighting  its  freight 
houses  and  other  buildings  now  constructed,  on  the  south  side 
of  Third  street,  in  the  said  City  of  St.  Paul,  Minnesota; 

Sec.  1.  There  is  hereby  granted  to  the  Great  Northern 
Railway  Company  the  right  to  tunnel  under  Third  street,  in 
said  City  of  St.  Paul,  and  to  place  and  maintain  therein  for 
the  period  of  twenty-five  (25)  years  from  the  passage  of  this 
ordinance,  steam  pipes  and  electric  light  wires,  for  the  purpose 
of  conveying  steam  and  electric  current  from  the  heating  and 
lighting  plants  in  its  general  office  building,  on  the  north  side 
of  Third  street,  to  its  freight  houses  and  other  buildings,  now 
or  hereafter  constructed,  on  the  south  side  of  said  Third 
et,  for  the  purpose  of  supplying  said  freight  houses  and 
other  buildings  with  heat  and  lighl  during  said  period,  upon 
'condition,  however,  thai  said  Great  Northern  Railwa)  Com- 
pany, its  successors  and  assigns,  shall  comply  with  all  the 
provisions  of  this  ordinance, 

1407.  -.'.     The  grantee  herein,  and  its  successors  and 

assigns,  within  the  period  of  thirt)  (30)  clays  after  the  pa 
and  publication  of  this  ordinance,  shall  file  in  the  office  of  the 
Cii\  Clerk,  in  the  Cit)  of  St.  Paul,  its  written  acceptance 
thereof,  the  same  to  be  in  such  \<>v))]  us  shall  be  approved  by 
the  Corporation  Attorney,  and  shall  construct  said  tunnel  and 
•conned  said  buildings  with  the  proper  steam  pipes  to  be  laid 


510 

therein  within  the  period  of  three  (3)  months  from  the  passage 
and  publication  of  this  ordinance. 

1408.  Sec.  3.  Said  tunnel  shall  be  constructed  and  said 
steam  pipe  placed  therein  under  the  direction  of  the  Commis- 
sioner of  Public  Works  of  the  City  of  St.  Paul,  and  shall  be 
constructed  in  such  manner  as  he  shall  direct,  and  the  grantee 
herein,  its  successors  and  assigns,  shall  forever  keep  and  bear 
harmless  the  City  of  St.  Paul  from  any  and  all  damages,  costs 
and  expense  in  any  manner  arising  out  of  the  construction  and 
maintenance  of  said  tunnel  and  steam  pipe. 

1409.  Sec.  1.  The  rights  and  privileges  hereby  granted 
shall  he  held  and  exercised  by  the  grantee  herein,  its  succes- 

and  assigns,  subject  to  all  the  conditions  and  limitations 
contained  in  the  charter  of  the  City  of  St.  Paul,  including  the 
filing  of  the  statement  provided  for  in  Section  27,  Chapter  IV 
of  said  charter,  and  the  payment  of  a  license  fee  of  five  (5)  per 
cent,  of  the  gross  earnings  arising  from  the  sale  of  steam  or 
heat  to  the  buildings  so  to  be  supplied  under  the  provisions 
hereof,  or  in  any  manner  arising  from  the  sale  of  heat  and 
light  in  the  exercise  and  enjoyment  of  the  rights  and  privileges 
hereby  granted. 

1410.  'Sec.  -V  The  rights  and  privileges  conferred  by  this 
ordinance  shall  not  in  any  manner,  directly  or  indirectly,  be 
-old.  assigned,  leased  or  in  any  way  transferred  to  any  other 

;on,  company,  corporation  or  association,  without  first  ob- 
taining the  consent  of  the  Common  Council  of  said  city  by 
resolution  duly  passed  for  that  purpose. 

1411.  Sec.  (i.  In  case  the  grantee  herein,  its  successors  or 
assign-,  shall  at  any  time  fail  to  comply  with,  or  in  case  of  a 
breach  by  it  of  any  of  the  terms,  provisions,  conditions  or  limi- 
tations contained  in  or  provided  for  in  this  ordinance,  all  the 
rights  and  privileges  hereby  granted  forthwith  shall  terminate, 
and  become  forfeited  to  the  City  of  St.  Paul  without  any  fur- 
ther act  or  ceremony  whatsoever. 

Sec.  7.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  approval,  publication  and  acceptance,  as 
hereinbefore  provided. 


■Ml 

GRIGGS,  COOPER  &  COMPANY. 
Ordinance  No.  2203. 

(Approved  July  20,  1901.) 

1412.  An  Ordinance  granting  permission  to  Griggs,  Cooper 
•  &  Company,  to  construct  and  maintain  an  elevated 

platform  in  front  of  the  premises  occupied  by  said 
company,  in  the  City  of  St.  Paul. 
The  Common   Council  of  the   City  of  St.   Taul  do  ordain   as 

follows : 

Sec.  1.  Permission  is  hereby  granted  to  Griggs,  Cooper 
&•  Company,  to  construct  and  maintain  on  the  sidewalk  in 
front  of  the  premises  occupied  by  them  on  the  south  side  of 
Third  street,  in  front  of  lots  1  and  2,  block  29,  Bopkin's  ad- 
dition, an  elevated  platform  16  feet  long,  made  of  wood,  the 
highest  point  of  which  shall  not  extend  higher  than  23  inches 
from  the  level  of  the  sidewalk,  and  said  platform  to  have  taper- 
ing ends.  Before  any  work  is  done  on  said  platform  a  permit 
shall  be  secured  from  the  City  Engineer  for  the  erection  of 
same.  Said  platform  to  be  erected  under  the  supervision  and 
direction  of  the  City  Engineer,  subject  to  the  cider  of  the 
Common  Council  of  the  City  of  St.  Paul,  at  any  time  directing 
tin-  removal  of  same. 

1413.  Sec.  2.  This  ordinance  shall  be  in  force  from  and 
after  its  passage  and  publication,  and  upon  the  filing  b)  said 
Griggs,  Cooper  &  Company,  with  the  Cit)  Clerk,  of  a  bond  in 
the  penal  sum  of  five  thousand  ($5,000.00)  dollars,  in  a  form  to 
be  approved  by  the  Corporation  Attorney,  conditioned  to  save 
the  City  of  St.  Paul  harmless  from  any  and  all  damages  which 
may  arise  from  the  construction  or  maintenance  of  said  ele- 
vated platform. 


S 1 2 

HAAS  &  ANDERSON. 

Ordinance  No.  2259. 
|  Approved  Feb.  34,  L902.) 

1414.  An  Ordinance  authorizing  the  firm  of  Haas  &  Ander- 

son to  erect  a  frame  building  forty  by  fifty  feet  up- 
on Lot  3,  Block  180,  Robertson's  Addition  to  West 
St.  Paul. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 

follows : 

Sec.  1.  Permission  and  authority  are  hereby  granted  to 
Messrs.  W.  J.  Haas  and  John  G.  Anderson,  doing  business 
under  the  firm  name  of  Haas  &  Anderson,  to  construct  and 
erect  upon  Lot  three  (3),  Block  one  hundred  eighty  (180), 
Robertson's  Addition  to  West  St.  Paul,  a  frame  building  sub- 
stantially forty  |  L0)  by  fifty  (50)  feet,  the  structure  to  be  cov- 
ered with  iron  and  to  be  constructed  under  the  superintend- 
ence of  the  Building  Inspector  of  the  City  of  St.  Paul,  and  said 
Building  Inspector  is  hereby  authorized  to  issue  to  said  Haas 
&  Anderson  a  proper  permit  therefor. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

W.  B.  HASTINGS. 
Ordinance  No.  2516. 

(Approved  June  9,  1905.) 

1415.  An  Ordinance  granting  to  W.  B.  Hastings  the  right 

to  construct  a  tunnel  under  Wacouta  street. 

The   Common   Council  of  the  City  of  St.   Paul  do  ordain  as 
follows  : 

Sec.  1.  Privilege  and  authority  is  hereby  granted  W.  B. 
Hastings  to  construct  and  for  the  period  of  twenty-five  years 
after  the  passage  and  acceptance  of  this  ordinance  to  maintain 
9  tunnel  of  such  size  and  shape  as  may  be  approved  by  the 
Commissioner  of  Public  Works,  and  at  such  place  as  he  may 
direct,  extending  from  the  rear  of  the  building  known  and  de- 
scribed as  2±2  East  Fourth  street,  underneath  the  surface  of 


513 

Wacouta  street,  to  the  building  owned  by  the  Schutte  estate 

situate  on  the  westerly  side  of  said  Wacouta  street,  and  to  lay 
and  maintain  in  said  tunnel  the  necessary  pipes  for  conveying 

steam  for  heating"  purposes. 

1416.  Sec.  2.  The  privilege  hereby  conferred  is  granted 
upon  condition  that  said  grantee  shall  assume  all  liability  that 
may  arise  out  of  or  be  caused  by  the  exercise  of  the  privilege 
so  granted,  and  shall  at  all  times  save  the  City  of  St.  Paul 
harmless  from  any  and  all  damages,  costs  and  expenses  grow- 
ing out  of  or  arising  from  the  construction  and  maintenance 
of  said  tunnel  and  pipes  authorized  to  be  held  therein. 

1417.  Sec.  ■'!.  No  excavation  shall  be  made  in  said  Wa- 
couta street  for  the  purpose  of  constructing  said  tunnel,  and 
the  same  shall  be  placed  at  such  point  underneath  the  surface 
oi  the  street  as  public  safety  and  convenience  may  require  and 
as  shall  be  prescribed  by  the  Commissioner  of  Public  Works. 

1418.  Sec.  4.  The  privilege  hereby  conferred  shall  not  at 
any  time  be  sold,  transferred  or  assigned  to  any  other  person, 
firm  or  corporation  without  the  consent  of  the  City  of  St.  Paul, 
and  shall  be  held  and  exercised  for  the  sole  purpose  of  sup- 
plying heat  to  said  Schutte  building.  The  grantee  herein 
shall  not  furnish  heat  under  the  authority  hereby  -ranted  ex- 
cept under  written  contract  with  the  owner  of  assignee  of  said 
Schutte  building,  and  said  contrad   shall   provide  for  a 

and  established  charge  which  shall  at  no  time  be  less  than  the 
actual  COSt  of  supplying  said  heat,  and  said  grantee  -had  keep 
an  accurate  set  of  books  of  accounl  which  shall  at  all  times 
truthfulK  set  forth  and  disclose  both  the  cosl  of  supplying 
smdi  heal  and  the  amounl  charged  or  received  therefor,  and 
said  bool  counl  shall  al  all  times  be  open  to  the  exam- 

ination and  inspection  of  the  Comptroller  of  the  Cit)  ol  St. 
Paul. 

1419.  Said  grantee  -had  annually  on  or  before  the 
Monday  of  February  in  each  year  file  in  the  office  of  the 

City  Comptroller  a  statemenl  such  as  is  required  '>• 
27,  Chapter  IV,  of  the  Chart-  r  of  said  city,  and  said  grantee 
shall  likewise  on  or  before  the  first  Monday  of  March  of  each 
and  every  year,  pay  into  the  City  Treasurj  ;i  Ho  in  a 


51  I 

sum  equal  to  5  per  cent  of  the  gross  earnings  derived  or  ac- 
cruing from  the  exercise  and  enjoyment  of  the  privilege  here- 
by granted. 

1420.  Sec.  6.  The  grantee  herein  shall  execute  and  deliver 
to  the  City  of  Si.  Paul  a  good  and  sufficient  bond  in  the  sum 
of  five  thousand  dollars  ($5,000.00)  in  such  form  and  with 
such  sureties  as  shall  be  approved  by  the  Corporation  Attor- 
ney of  said  city,  conditioned  for  the  faithful  performance  by 
said  grantee  of  all  the  obligations  and  conditions  hereby  im- 

1.  such  bond  to  he  executed  and  delivered  before  any  of 
the  privileges  hereby  conferred  are  exercised  by  said  grantee. 

1421.  Sec.  ', .  In  the  event  that  the  grantee  herein  shall 
fail  at  any  time  to  comply  with  any  of  the  terms,  provisions, 
conditions  or  limitations  herein  contained,  the  privilege  here- 
by granted  shall  forthwith  terminate  and  become  forfeited  to 
the  City  of  St.  Paul,  and  said  city  shall  have  the  right  to  close 
said  tunnel  or  make  such  public  use  thereof  as  in  the  judg- 
ment of  the  Common  Council  the  public  interest  may  require. 

1422.  See.    8.     Within   thirty   days  after   the   passage,   ap- 
al  and  publication  of  this  ordinance,  the  grantee  herein 

shall  hie  with  the  City  Clerk  his  written  acceptance  of  this 
ordinance,  in  such  form  as  shall  be  approved  by  the  Corpora- 
tion Attorney,  and  within  the  same  period  said  grantee  shall 
file  in  the  office  of  the  City  Comptroller  a  certified  copy  of 
such  acceptance,  together  with  the  bond  herein  provided  for. 
Sec.  9.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval,  publication  and  accept- 
ance as  herein  provided. 

SAME. 

Resolution  of  the  City  Council. 

(Approved  March  24,  1905.) 

1423.  Resolved,  That  until  the  further  order  of  the  Com- 
mon Council,  permission  be  and  the  same  is  hereby  given  to 
\\  .  B.  Hastings  to  lay  and  maintain  a  steam  pipe  under  Wa- 
couta  street  from  the  rear  part  of  the  building  known  as  No. 
242  East  Fourth  street  to  the  building  on  the  westerlv  side  of 


515 

Wacouta  street  owned  by  the  Schutte  estate,  upon  obtaining" 
the  proper  permit  from  the  Commissioner  of  Public  Works. 

HORNE  &   DANZ  COMPANY. 
Ordinance  No.  1401. 

(Approved  Sept.  5,  1890.) 

1424.  An    Ordinance    granting  unto  the    Home    &    Danz 

Company  permission  to  use  a  portion  of  the  levee 
in  the  Sixth  ward  in  the  City  of  St.  Paul. 
The  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  permission  and  authority  is  hereby  given 
and  granted  unto  the  Home  &  Danz  Company  to  use  and  oc- 
cupy fur  the  full  period  of  ten  (10)  years  from  the  date  of  ap- 
proval of  this  ordinance  fur  manufacturing  purposes  in  the  line 
nf  business  in  which  said  company  is  now  engaged,  that  por- 
tion of  the  levee  and  land  in  the  Sixth  ward  of  the  Cit\  of  St. 
Paul  described  as  follows: 

Lot  number  five  (5)  of  block  number  three  (3)  of  Bazille 
&  Robert's  addition  to  Wesl  St.  Paul. 

1425.  See.  '!.  That  permission  and  authority  is  hereby 
given  and  granted  unto  the  Nome  &  Danz  Compan)  to  erect. 
construct  and  maintain  frame  buildings  upon  said  premises  for 
use  of  their  -.aid  business  a--  may  be  necessar)  or  convenient 
for  the  carrying  on  of  their  -aid  business,  all  of  which  build 
ings  shall  be  built  under  the  direction  and  according  to  the 
instructions  of  the  building  inspector  of  the  Citj  of  Si.  Paul, 
upon  the  obtaining  of  permits  so  to  do  and  the  paymenl  of  the 
proper  fees  therefor;  provided  that  this  ordinance  shall  not  he 

trued  as  guaranteeing  or  warranting  any  ol  the  rights 
hereb)   granted. 

1426.  Sec.  3.  X"  rights  acquired  under  this  ordinance 
shall  be  transferred  to  any  other  person  unless  the  consent  "f 
the  ci .iiiinon  ci tuncil  -hall  be  first  obtained. 

Sec.  I.  This  ordinance  -hall  take  effect  and  be  in  force 
fr< on  and  after  its  publication. 

(  >rdinanc<    No    8250     I  I  lorne  &    I  'an/  ('<■.  i   in  thi 

ti'  >n. 


516 

JOESTING  &  SCHILLING. 

Ordinance  No.  2025. 
I   Approved  January  20,  1899.  I 

1427.         An  Ordinance  granting  unto  Frank  H.  Joesting  and 

Christian   Schilling  permission  to  use  a  portion  of 

the  levee  in  the  Sixth  ward  in  the  City  of  St.  Paul. 

The  Common   Council  of  the  City  of  St.  Paul  do  ordain  as 

follow-  : 

Sec.  1.  That  permission  and  authority  be  and  the  same 
is  hereby  given  unto  Frank  11.  Joesting  and  Christian  Schill- 

to  use  and  occupy  for  the  full  period  of  Twenty-five  (25) 
years  from  the  date  of  the  passage  of  this  ordinance,  for  the 
purpose  of  constructing  and  manufacturing  furnaces,  ranges, 
broilers,  steam  tables,  water  heaters,  carving  tables,  bake 
ovens,  coffee,  tea.  and  water  urns,  laundry  stoves  and  other 
articles,  composed  or  manufactured  wholly  or  in  part  of  iron 
or  metal,  that  portion  of  the  levee  in  the  Sixth  ward,  in  the 
City  of  St.  Paul,  described  as  follows,  to-wit :  Lots  five  (5) 
and  six  (6),  of  Block  Two  (2),  of  Marshall's  Addition  to 
West  St.  Paul,  according  to  the  plat  thereof  on  file  in  the  of- 
fice of  the  Register  of  Deeds  of  Ramsey  county,  in  the  State 
of  Minnesota,  to'gether  with  any  accretions  which  may  be 
added  to  said  lots  on  the  river  side  or  end  thereof.  This  grant 
and  permission  are  made  by  and  on  behalf  of  the  City  of  St. 
Paul  upon  the  express  conditions  and  terms  hereinafter  set 
forth,  to-wit : 

First — The  said  grantees  above  named  shall  pay  to  the 
City  of  St.  Paul,  as  compensation  and  rental  for  the  privileges 
hereby  granted  the  sum  of  One  Dollar  ($1.00)  per  annum, 
payable  annually  in  advance,  for  and  during  the  time  herein 
specified. 

»fid — Said  grantees  shall  erect  upon  said  premises 
and  maintain  thereon  a  main  building  50  feet  in  width  by  100 
feet  in  length,  and  such  other  buildings  as  the  conduct  of  their 
business  shall  hereafter  require.  All  of  said  buildings  shall 
be  built  of  wood,  covered  by  corrugated  iron,  and  shall  be 
built  under  and  upon  plans  approved  by  the  building  inspector 
of  said  City,  upon  obtaining  a  proper  permit  therefor.     Said 


511 

buildings  shall  be  usecl  for  the  manufacturing  purposes  above 
set  forth  and  in  connection  therewith,  provided,  however,  that 
the  chimneys  and  smokestacks,  if  any  there  be  to  be  used  on 
said  buildings,  shall  extend  at  least  50  feet  above  the  grade  of 
the  streets  adjacent  thereto;  and  provided,  that  the  Common 
Council  of  the  City  of  St.  Paul  may,  by  special  resolution, 
permit  the  erection  by  said  grantees  of  buildings  of  a  different 
character  and  material  to  those  above  set  forth. 

Third — The  grantees  herein  named  shall  complete  said 
buildings  and  have  said  business  in  full  operation  within 
Twelve  (12)  months  from  the  passage  of  this  ordinance,  and 
within  Ninety  (90)  days  after  the  expiration  of  the  term  of 
the  lease  herein  granted  said  building  or  buildings  shall  be  re- 
moved from  said  above  described  premises  by  said  grantees, 
and  in  case  of  failure  to  remove  said  building  or  buildings  with- 
in said  time  the  same,  or  such  part  thereof  as  may  thereafter 
remain  on  said  premises,  shall  become  the  property  of  the 
City  of  St.  Paul. 

Fourth — Said  grantees  shall  and  will  forever  indemnify 
and  save  harmless  the  City  of  St.  Paul  against  any  and  all 
damages,  judgments,  claims,  costs  and  expenses  of  the  same 
which  said  City  may  suffer  or  which  may  be  recovered  or 
obtained  from  or  against  said  City,  from  or-  by  reason  of,  or 
growing  out  of,  or  resulting  from,  the  performance  or  trans- 
action of  any  matter  or  thing  connected  therewith  or  men- 
tioned therein,  or  with  the  exercise  by  said  grantees  of  the 
privileges  hereby  granted. 

1428.  2.  This  ordinance  shall  noi  be  considered  or 
construed  as  in  any  manner  guaranteeing  or  warranting  any  of 
the  rights  hereby  granted,  nor  the  title  of  an)  of  the  landa 
herein  described, 

1429.  3.     All  the  piling,  riprapping  and  filling  m 
sary  to  be  done  on  the  land  above  described  shall  be  lei  to  St. 
Paul  contractors  or  be  performed  1>\   p  and  laborei 
siding  in  the  City  of  St.  Paul,  and  all  the  stone  used  in. the 
construi  tion  of  any  of  said  buildings  constructed  on  said  pri 

-hall   be  of  St.    Paul   manufacture  or  quarried   in 
City. 


518 

1430.  Sec.  I.  It  said  grantees  shall  Fail  in  any  respect  to 
comply  with  the  provisions  of  this  ordinance  then  all  the 
rights  and  privileges  herein  granted  shall  immediately  be  for- 
feited to  the  City  of  St.  Paul,  and  this  grant  or  lease  be  there- 
by terminated  and  forfeited.    . 

1431.  See.  5.  All  buildings  placed  on  said  lands,  as  herein 
provided,  shall  be  personalt)  [or  the  purposes  of  taxation  and 
said  grantees  agree  to  pay  all  taxes  which  may  be  levied  or 
assessed  on  said  buildings,  and  in  ease  said  grantees  shall  al- 
low said  taxes  to  remain  unpaid  until  the  date  of  the  tax  sale 
thereof,  then  all  the  rights  and  privileges  hereby  granted  shall 
revert  to  the  City  of  St.  Paul,  and  this  lease  shall  thereupon 
terminate. 

1432.  Sec.  6.  The  said  grantees  shall  not  later  than 
Twelve  (12)  months  after  the  passage  of  this  ordinance,  be- 
gin the  prosecution  of  said  manufacturing  business  hereinbe- 
fore described  on  said  premises,  and  during  the  continuance  of 
this  lease  shall  continuously  prosecute  the  same,  and  if  dur- 
ing the  term  of  this  lease  said  grantees  shall  fail  for  any  suc- 

ive  thirty  (30)  days  to  conduct  said  manufacturing  busi- 
as  aforesaid,  then  said  City  shall  have  the  right  and  op- 
tion by  resolution,  upon  Thirty  (30)  days'  written  notice  to 
said  grantees  of  its  intention  so  to  do  to  cancel  and  terminate 
said  lease;  provided,  that  failure  to  prosecute  said  business  as 
aforesaid,  caused  by  flood  or  damage  by  fire,  or  the  elements, 
or  strike,  shall  not  be  taken  as  a  part  of  said  Thirty  (30)  days. 

1433.  Sec.  7.  If  said  grantees  shall  fail  to  comply  with 
any  of  the  provisions  of  this  ordinance,  then  said  City  has  the 
right  and  option,  on  giving  Thirty  (30)  days'  written  notice 
to  said  grantees  of  its  intention,  so  to  do,  to  terminate  and  for- 
feit this  lease;  provided,  that  in  case  this  lease  is  forfeited  by 
said  City  or  otherwise  for  any  reason,  then  said  grantees  shall 
have  the  right  during  the  Six  (6)  months  next  following  such 
forfeiture,  to  remove  its  machinery,  property  and  improve- 
ments from  said  premises. 

1434.  Sec.  8.  All  rights  hereby  granted  shall  at  all  times 
be  subject  to  all  ordinances  of  said  City  of  St.  Paul  in  force 
or   which   may   hereafter  be   passed,   and   no   rights   acquired 


519 

under  this  ordinance  shall  be  transferred  to  any  other  party 

unless  the  consent  of  the  Common  Council  of  said  City  shall 
be  first  obtained. 

1435.  Sec.  9.  Said  grantees  shall  file  with  the  City  Clerk 
of  said  city  within  Thirty  (30)  days  alter  the  publication  of 
this  ordinance  their  written  acceptance  of  the  provisions 
thereof,  and  an  agreement  to  perform  all  of  the  terms  thereof, 
the  same  to  be  approved  by  the  Corporation  Attornej  . 

Sec.  10.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  publication  and  acceptance,  as 
provided  herein. 

JOHN  MARTIN  LUMBER  COMPANY. 

Resolution  of  the  Council. 

i  Approved— See  below. ) 

1436.  Resolved,  That  the  John   Martin    Lumber  Company 
be  and  is  hereby  permitted  to  use  and  occupy  until  the  same 
shall  be  needed  for  public  travel  those  portions  of  streets  de 
scribed  as  follows: 

That  portion  of  Van  Buren  streel  in  the  City  of  St.  Paul 
which  lies  south  of  block  five  (5)  of  Lafond's  Addition  to  said 
city,  and  easl  of  the  northeasl  line  of  Como  avenue,  in  said 
city,  and  extending  east  to  and  including  all  of  said  \  an 
Buren  street  which  lies  north  of  Dawson's  Subdivision  oi 
block  thirteen   (13)  of  said  Lafond's  Addition. 

That  portion  of  Gaultier  street  which  lies  north  of  the 
northeasl  line  of  said  Como  avenue  and  extending  north  to  and 
including  all  of  said  Gaultier  streel  which  lies  easl  of  block 
five  (5)  of  said  Lafond's  Addition.   . 

That  portion  of  Blair  street  which  li<  if  the  north 

line  of  said  Como  avenue  and  south  of  Dawson's  Sub 
division  of  block  thirteen   (13)  of  said   Lafond's  Addition. 

Said  portions  of  said  streets  are  to  be  used  b)   said  John 

Martin    Lumber   Company    or   it-    tenants    in    their  business    in 

connection  with  the  other  lands  of  3aid  compan)   adjacenl  to 
said  port i< >n-  i if  said 

(The  a!  ilution  having  been  delivered  to  the  Maj 

or  \]>nl  ll.   \.  I).  L905,  and  returned  without  his  signatun 


520 

April  18,  1905,  A.  D.  is  in  full  force  and  effect,  under  the  pro- 
•   the  City  Charter,  i 

CHARLES  KLOSTERMAN. 

Ordinance  No.  2263. 

(Approved  Feb.  24,  1902.) 

1437.  An    Ordinance    authorizing    Charles    Klosterman    to 

erect  a  frame  addition  to  the  building  now  situate 

upon  lots  two   (2)   and  three   (3),   Block  five   (5), 

Bazille  &  Guerin's  Addition  to  the  City  of  St.  Paul. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 

follows : 

S  .  1.  That  permission  and  authority  are  hereby  given 
to  Charles  Klosterman  to  construct  and  erect  upon  parts  of 
and  three  (3),  Block  five  (5),  Bazille  &  Guerin's 
Addition  to  the  City  of  St.  Paul;  a  frame  addition  to  the  build- 
ing now  situate  thereon;  said  addition  so  to  be  built  shall  be 
brick  veneered  and  constructed  under  the  superintendence  of 
the  Building  Inspector  of  said  City,  and  said  Building  Inspec- 
tor is  hereby  authorized  to  issue  to  said  Charles  Klosterman 
a  proper  permit  therefor. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

KOHLMAN  &  COMPANY. 
Ordinance  No.  2217. 

(Approved  October  16,  1901.) 

1438.  An  Ordinance  granting  unto  Charles  Kohlman  and 

John  Christinson,  copartners,  doing  business  un- 
der the  firm  name  and  style  of  Kohlman  &  Co., 
permission  to  use  a  portion  of  the  levee  in  the 
Sixth  ward,  in  the  City  of  St.  Paul. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  That  permission  and  authority  be  and  the  same 
is  hereby  granted  unto  Charles  Kohlman  and  John  Christin- 
son. copartners,  doing  business  under  the  firm  name  and  style 


531 

of  Kohlman  &  Co.,  to  use  and  occupy,  for  the  full  period  of 
twenty-five  (25)  years  from  the  date  of  the  passage  of  this 
ordinance,  for  the  purpose  of  manufacturing  gasoline  launches 
and  engines,  that  portion  of  the  levee  in  the  Sixth  ward,  in  the 
City  of  St.  Paul,  described  as  follows : 

Lot  eleven  (11),  block  twenty  (20),  Brooklynd  Addition, 
according  to  the  plat  thereof  on  file  in  the  office  of  the  Register 
of  Deeds  of  Ramsey  County,  in  the  City  of  St.  Paul,  in  the 
State  of  Minnesota.  This  grant  and  permission  are  made  by 
and  on  behalf  of  the  City  of  St.  Paul  upon  the  express  condi- 
tions and  terms  hereinafter  set  forth,  to-wit: 

First — The   said   grantee   above   named   shall   pay   to   the 
City  of  St.  Paul,  as  compensation  and  rental  for  the  privilege 
hereby  granted,  the  sum  of  one  dollar  ($1)   per  annum,  pay 
able    annually    in    advance,    for   and    during   the    time    herein 
specified. 

Second — Said  grantee  shall  erect  upon  said  premises,  and 
maintain  thereon,  a  main  building  thirty  (30)  feet  in  width 
by  sixty  (60)  feet  in  length,  and  such  other  buildings  as  the 
conduct  of  their  business  shall  hereafter  require.  All  of  said 
buildings  shall  be  built  of  wood,  covered  by  corrugated  iron, 
and  shall  be  built  under  and  upon  plans  approved  by  the 
Building  Inspector  of  said  city,  upon  obtaining  a  proper  per- 
mit therefor.  Said  buildings  shall  be  used  for  the  manufac 
turing  purposes  above  set  forth,  and  in  connection  therewith: 

ided,  however,  that  the  chimneys  and  smoke  stacks  shall 
extend  at  least  fifty  (50)  Feel  above  the  grade  of  the  streets 
adjacenl  therewith,  and  provided  that  the  Common  Council 
ot  the  City  of  Si.  Paul  may.  by  special  resolution,  permil  the 
erection  by  said  grantee  of  building  of  a  different  character 
and  material  to  those  above  sel  forth. 

Third  The  grantee  herein  named  shall  complete  said 
buildings  and  have  -aid  business  in  full  operation  within 
twelve  i  l '.'  i  months  From  the  passage  of  this  ordinance,  and 

within    nine!  icpiration    of    the    term    of 

the  lease  herein  granted,  said  building  or  buildings,  or  such 

hall  remain  shall  be  removed  from  said  ab 
described  premises  b)   said  grantee,  and  in  case  of  failure  to 
remove  said  building  or  buildings  within  said  time,  the  same, 


522 

i   such  pan  thereof  as  may  thereafter  remain  on  said  prem- 
shall  become  the  propert)  of  the  City  of  St.  Paul. 
Fourths-Said   grantee    shall    and    forever   will   indemnify 
and  save  harmless  the  City  of  St.    Paul  against  any  and  all 

damages,  judgments,  claims,  costs  and  expenses  of  the  same 
which  said  city  may  suffer,  or  which  may  be  recovered  or 
obtained  from  or  against  said  city,  from  or  by  reason  of,  or 
resulting  from,  or  growing  out  of,  the  passage  of  this  ordi- 
nance, or  the  performance  or  the  transaction  of  any  matter  or 
thing  connected  therewith,  or  mentioned  herein,  or  with  the 
exercise  by  said  grantee  of  the  privilege  hereby  granted. 

Fifth— The  said  grantee  shall,  in  the  prosecution  of  the 
manufacturing  business  to  be  carried  on  upon  the  property 
leased  to  them  under  this  ordinance,  constantly  keep  employed 
throughout  the  entire  period  for  which  said  property  is  leased 
not  less  than  twelve  (12)  adult  persons,  all  of  whom  shall  be 
residents  of  the  City  of  St.   Paul. 

1439.  Sec.  2.  This  ordinance  shall  not  be  considered  or 
construed  as  in  any  manner  guaranteeing  or  warranting  any 
of  tlie  rights  hereby  granted,  nor  the  title  of  any  of  the  lands 
herein  described. 

1440.  Sec.  3.  All  the  piling,  riprapping  and  filling  neces- 
sary to  be  done  on  the  land  above  described  shall  be  let  to 
St.  Paul  contractors,  or  be  performed  by  persons  and  laborers 
residing  in  the  City  of  St.  Paul,  and  all  the  stone  used  in  the 

-i  ruction  on  said  premises  shall  be  of  St.  Paul  manufacture, 
or  cp.iarried  in   said   city. 

1441.  Sec.  4.  If  said  grantee  shall  fail  to  comply  in  any 
respect  with  the  provisions  of  this  ordinance  then  all  the 
rights  and  privileges  herein  granted  shall  immediately  be  for- 
feited to  the  City  of  St.  Paul,  and  this  grant  or  lease  be  thereby 
terminated  or  forfeited,  without  any  further  proceeding  on  the 
part  of  the  grantor  herein. 

1442.  Sec.  5.  All  buildings  placed  on  said  lands,  as  herein 
provided,  shall  be  personalty  for  the  purpose  of  taxation,  and 
said  grantee  agrees  to  pay  all  taxes  which  may  be  levied  or 
assessed  against  said  buildings,  and  in  case  said  grantee  shall 
allow  said  taxes  to  remain  unpaid  till  the  date  of  the  tax  sale 


523 

thereof,  then  all  the  rights  and  privileges  hereby  granted  shall 
revert  to  the  City  of  St.  Paul,  and  this  lease  shall  thereupon 
terminate. 

1443.  Sec.  6.  The  said  grantee  shall,  ma  later  than  nine 
(9)  months  after  the  passage  of  this  ordinance,  begin  the 
prosecution  of  said  manufacturing  business  hereinbefore  de- 
scribed, mi  said  premises,  and  during  the  continuance  of  this 
lease  shall  continuously  prosecute  the  same,  and  if  during  the 
term  of  this  lease  shall  fail  for  any  successive  thirty  (30) 
days  to  conduct  said  manufacturing  business  as  aforesaid, 
then  said  city  shall  have  the  right  and  option,  by  resolution, 
upon  thirty  (-30)  days'  written  notice  to  said  grantee  of  it s 
intention  so  to  do,  to  cancel  and  terminate  said  lease;  pro- 
vided that  failure  to  prosecute  said  business  aforesaid  caused 
by  Hood  or  damage  by  fire,  or  the  elements,  or  strike,  -hall  not 
be  taken  as  part  of  said  thirty  (30)  days. 

1444.  See.  7.  If  said  grantee  shall  fail  to  compl)  with 
any  of  the  provisions  of  this  ordinance,  then  said  city  has  the 
right  and  option,  on  giving  thirty  (30)  days'  written  notice  to 
said  grantee  of  its  intention  so  to  do,  to  terminate  and  forfeit 
this  lease;  provided,  however,  that  in  case  this  lease  is  for- 
feited by  said  city  or  otherwise  for  any  reason,  then  said 
grantee  shall  have  the  right  during  the  six  i  li  \  months  liexl 
following  such  forfeiture  to  remove  it-  machinery,  property 
and  improvements  from  said  premises. 

1445.  See.   s.       \1]    right-   hereby    granted    shall   at    all    times 

ubjeel  to  all  ordinances  of  -aid  .City  of  St.  Paul  in  force, 
or   which   may   hereafter   be   passed,  and   no   rights   acquired 
under  this  ordinance  shall  be  transferred  to  any  other  party 
unless  the  consenl  of  the  Common  Council  shall  be  firsl  ob 
tained. 

1446.  Said  grant*  e  shall  lib-  with  tic  -  !lerk 

of   -aid    city,    within    thirty    (30)    days    after    the    publication    of 

thi-    ordinance,    their    written    acceptance    of    the    provi 
thereof,  and  an  agre<  men  orm  all  of  -aid  terms  thereof, 

tin    same  to  be  approved  by  tin-  Corporation   Attorney, 

Sec.    10.      This  ordinance     hall    take   effed    and    be    in    force 

fn  an  and  after  it  -  passage,  publication  and  acceptanci 
vided  therein. 


52  I 

LEE  &  HOFF. 

Ordinance  No.  1442. 

(Approved  December  3,  1890.) 

1447.  An  Ordinance  granting  unto  Lee  &  Hoff  permission 

to  use  a  portion  of  the  levee  in  the  Sixth  ward  of 
the  City  of  St.  Paul. 
The   Common   Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  permission  and  authority  is  hereby  given 
and  granted  unto  Lee  &  I  loft  to  use  and  occupy,  until  the  first 
day  of  July,  A.  D.  1916,  for  manufacturing  purposes  in  the  line 
of  business  in  which  said  company  is  now  engaged,  to-wit, 
manufacturing  machinery,  that  portion  of  the  levee  and  land 
in  the  Sixth  ward  of  the  City  of  St.  Paul  described  as  fol- 
lows, to-wit : 

Lot  number  one  (1),  of  block  number  three  (3),  of 
Eazille  and  Robert's  Addition  to  West  St.  Paul ;  provided, 
that  said  Lee  &  Hoff  shall  employ  in  their  said  business,  at  all 
times  (hiring  the  term  of  this  franchise,  not  less  than  ten  (10) 
men. 

1448.  Sec.  2.  That  permission  and  authority  is  hereby 
given  and  granted  unto  Lee  &  Hoff  to  erect,  construct  and 
maintain  frame  buildings  upon  said  premises,  for  use  in  their 
said  business  as  may  be  necessary  or  convenient  for  the  carry- 
ing on  of  their  said  business,  all  of  which  buildings  shall  be 
built  under  the  direction  and  according  to  the  instruction  of 
the  building  inspector  of  the  City  of  St.  Paul,  upon  the  ob- 
taining permits  so  to  do,  and  the  payment  of  the  proper  fees 
therefor  j  provided,  that  this  ordinance  shall  not  be  construed 
as  guaranteeing  or  warranting  any  of  the  rights  hereby 
granted  :  provided,  further,  that  said  Lee  &  Hoff  shall  com- 
plete said  buildings  and  have  said  business  in  operation  within 
six  (6)  months  from  the  date  of  the  acceptance  of  this  ordi- 
nance ;  provided,  further,  that  before  the  expiration  of  said 
term  of  ten  (10)  years  all  said  buildings  shall  be  removed  from 
said  levee  by  said  Lee  &  Hoff,  and  in  case  of  the  failure  to 
remove  said  buildings  within  said  time,  the  same  or  such  part 


525 

thereof  as  may  remain  shall  become  the  property  of  said  City 
of  St.  Paul. 

1449.  Sec.  3.  No  rights  acquired  under  this  ordinance  shall 
be  transferred  to  any  other  person,  company  or  corporation, 
unless  the  consent  of  the  common  council  shall  be  first  ob- 
tained. 

1450.  Sec.  4.  Said  Lee  &  Hoff  shall  and  will  forever  in- 
demnify and  save  harmless  the  said  City  of  St.  Paul  against 
an_\-  and  all  damages,  judgments,  claims,  costs  and  expenses 
of  same  which  it  may  suffer,  or  that  may  be  recovered  or 
obtained  from  or  against  said  city,  for  or  by  reason  of  the 
granting  of  such  privileges,  or  for  or  by  reason  of  the  grow: 
fng  out  of,  or  resulting  from,  the  passage  of  this  ordinance, 
or  any  matter  or  thing  connected  therewith,  or  with  the  ex- 
ercise by  said  Lee  &  Hoff  of  the  privileges  hereby  granted. 

1451.  See.  5.     If  the  said  Lee  &  Hoff  shall  fail  in  any  re 
spect  to  comply  with  the  provisions  of  this  ordinance  then  all 
the  rights  and  privileges  hereby  granted  shall  be  forfeits 
said  City  of  St.  Paul. 

1452.  Sec.  6.  Said  Lee  &  Hoff  shall  tile  with  the  city 
clerk,  within  thirty  (30)  days  after  the  approval  of  this  ordi- 
nance, their  written  acceptance  of  the  provisions  thereof,  the 
same  \t>  he  first  approved  by  the  corporation  attorney. 

1453.  See.  7.  This  ordinance  shall  take  effeel  and  be  in 
force  from  and  after  its  publication. 


526 

SAME. 

Ordinance  No.   1911. 

I  Approved  February  19,  1897.) 

1454.  An  Ordinance  granting  unto  Lee  &  Hoff  permission 

to  assign  and  transfer  to  Lee  &  Hoff  Manufactur- 
ing Company  all  rights  acquired  by  them  under 
Ordinance  No.  1442,  as  amended  by  Ordinance 
No.  1544,  to  use  and  occupy  a  portion  of  the  levee 
in  the  Sixth  ward  of  the  City  of  St.  Paul. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows  : 

Sec.  1.  Permission  is  hereby  granted  unto  Lee  &  Hoff  to 
.1]  and  transfer  to  Lee  &  Hoff  Manufacturing  Company, 
as  soon  as  said  company  shall  become  fully  incorporated,  and 
is  engaged  in  business  as  a  going  concern,  all  rights  acquired 
by  said  Lee  &  Hoff  under  Ordinance  Xo.  1442,  entitled  "An 
Ordinance  granting  unto  Lee  &  Hoff  permission  to  use  a  por- 
tion of  the  levee  in  the  Sixth  ward  of  the  City  of  St.  Paul," 
approved  December  3,  1890,  as  amended  by  Ordinance  No. 
1 5  1 1.  approved  October  22,  1891 ;  provided  said  company  shall 
at  all  times  fully  comply  with  all  the  terms  and  conditions  of 
said  ordinances. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

SAME. 

Ordinance  No.  2019. 

( Approved  November  2,  1898.) 

1455.  An  Ordinance  granting  unto  the  Lee  &  Hoff  Manu- 

facturing Company  permission  to  occupy  and  use 
a  portion  of  the  levee  in  the  Sixth  ward,  in  the 
City   of   St.    Paul,    Minnesota. 
The   Common   Council  of  the  City  of  St.   Paul  do  ordain  as 
follows : 

Sec.  1.  That  there  is  hereby  given  and  granted  unto  the 
Lee  &  Hoff  Manufacturing  Company,  a  corporation  created 
and  organized  under  the  laws  of  the  State  of  Minnesota,  its 


successors  and  assigns,  permission  and  authority  to  use  and 
occupy  from  the  passage  of  this  ordinance  until  the  first  day 
of  July,  A.  D.  1!»1G,  for  the  purpose  of  manufacturing  ma- 
chinery composed  and  manufactured  wholly  or  in  part  of 
wood  or  metal,  that  portion  of  the  levee  and  land  in  the  Sixth 
ward,  in  the  City  of  St.  Paul,  Ramsey  County.  Minnesota, 
included  in  the  tract  bounded  as  follows,  to-wit:  Beginning 
on  the  northwest  corner  of  lot  numbered  one  (1),  of  block 
numbered  three  (3),  of  Bazille  &  Roberts'  Addition  to  West 
St.  Paul,  thence  northerly  and  parallel  with  the  west  line  of 
Livingston  avenue  to  the  Mississippi  river,  thence  in  an  east- 
erly direction  along'  the  bank  of  the  said  river  to  a  point  which 
would  intersect  the  west  line  of  Livingston  avenue  if  extended. 
thence  south  to  northeast  corner  of  said  lot  numbered  one  (1), 
and  thence  west  to  place  of  beginning. 

1456.  Sue.  2.  That  permission  and  authority  is  hereby 
given  and  granted  unto  the  said  Lee  &  Hoff  Manufacturing 
Company  to  erect,  construct  and  maintain  frame  buildings 
upon  said  premises  for  use  in  their  said  business  of  manufac- 
turing of  machinery,  and  also  such  additions,  out-houses  and 
structures  as  may  be  necessary  or  convenient  for  the  carry- 
ing on  of  their  said  business,  all  said  buildings,  additions,  out- 
houses  and   structures  to  be   built  under   the   directions   and 

'■din-  to  the  instructions  of  the  Building  Inspector  of  said 
city,  and  payment  of  all  city  fee-  therefor;  provided,  that  this 
ordinance  shall  not  he  construed  as  guaranteeing  or  warrant- 
ing any  of  the  rights  hereby  granted;  provided,  further,  that 
before  the  first  day  of  July.  L916,  all  said  buildings  shall  he 
removed  from  --aid  levee  by  said  Lee  i\  Hoff  Manufacturing 
Company,  and  in  the  ca^e  of  the  failure  i"  remove  -aid  build- 
ings within  said  lime,  the  -.inn',  or  such  part  thereof  as  may 
remain,  shall  become  the  property  of  said  City  of  St.  Paid. 

1457.  Sec.  •'!.  No  rights  acquired  under  this  ordinance 
shall  l>e  transferred  to  any  other  person,  company  or  corpora 

tion  null---  tin-  consent  of  the  Common  Conne.il  shall  be  firs! 
obtained. 

1458.  Sec.    I.     Said   Lee  &   Hon*  Manufacturing  Company 

shall    and   will    forever   indemnify   and   save   harmless   th, 


538 

Cit)  of  St.  Paul  against  any  and  all  damages,  judgments, 
claims,  costs  and  expenses  of  same,  which  it  may  suffer,  or 
that  may  be  recovered  or  obtained  from  or  against  said  city 
for  or  by  reason  of  the  granting  of  such  privileges,  or  for  or 
by  reason  of  the  growing  out  of,  or  resulting  from,  the  pas- 
of  this  ordinance,  or  any  matter  or  thing  connected  there- 
with, or  with  the  exercise  by  said  Lee  &  Hoff  Manufacturing 
Com  pan)-  of  the  privileges  hereby  granted. 

1459.  Sec.  5.  [f  the  said  Lee  &  Hoff  Manufacturing  Corn- 
pan}-  shall  fail  in  any  respect  to  comply  with  the  provisions 
of  this  ordinance  then  all  the  rights  and  privileges  hereby 
granted  shall  be  forfeited  to  said  City  of  St.  Paul. 

1460.  Sec.  (>.  Said  Lee  &  Hoff  Manufacturing  Company 
shall  tile  with  the  City  Clerk,  within  thirty  (30)  days  after  the 
approval  of  this  ordinance,  their  written  acceptance  of  the 
provisions  thereof,  the  same  to  be  first  approved  by  the  Cor- 
poration Attorney. 

1461.  Sec.  7.  This  ordinance  shall  take  effect  and  be  in 
fi  iree   from  and  after  its  publication. 

SAME. 
Ordinance  No.  2262. 

(Approved  February  24,  1902.) 

1462.  An    Ordinance    authorizing    Lee    &    Hoff    Manufac- 

turing Company  to  erect  a  frame  shop  and  factory 
building  on  Lots  13  and  14,  Block  3,  Bazille  & 
Robert's  Addition  to  the  City  of  St.   Paul. 

The  Common  Council  of  the  City  of  St.   Paul   do  ordain  as 

follows : 

Sec.  1.  That  permission  and  authority  are  hereby  given 
to  the  Lee  &  Hoff  Manufacturing  Company  to  construct  and 
erect  upon  Lots  13  and  14,  Block  3,  Bazille  and  Robert's  Ad- 
dition to  the  City  of  St.  Paul,  a  frame  shop  or  factory  building 
consisting  of  two  stories  and  a  basement,  on  a  solid  stone 
foundation,  the  structure  to  be  covered  with  iron  and  the  roof 
to  be  tarred  and  graveled ;  said  structure  to  be  used  by  said 
company    for    the    building    and    repairing    of    elevators    and 


529 

elevator  machinery,  and  to  be  constructed  under  the  super- 
intendence of  the  Building  Inspector  of  said  city,  and  the  said 
Building  Inspector  is  hereby  authorized  to  issue  to  said  Lee 
&  Hoff  Manufacturing  Company  a  proper  permit  therefor. 

Sec.  2.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

LEFEBVRE  &   DESLAURIERS. 

Ordinance  No.  1531. 

(Approved  Aug.  27,  1891.) 

1463.  An    Ordinance   granting    unto    L.    T.    Lefebvre   and 

R.  D.  Deslauriers,  trading  and  doing  business  as 
copartners  under  the  firm  name  of  Lefebvre  & 
Deslauriers,  in  the  City  of  St.  Paul,  permission  to 
use  a  portion  of  the  levee  in  the  Sixth  ward  of  the 
City  of  St.  Paul. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  That  permission  and  authority  is  hereby  given 
and  granted  unto  Lefebvre  &  Deslauriers  to  use  and  occupy, 
for  the  full  period  of  twenty-five  (25)  years  from  July  1.  1891, 
f'»r  manufacturing  purposes  in  the  line  of  business  in  which 
said  Lefebvre  &  Deslauriers  arc  now  engaged,  to-wit,  manu- 
facturing cornice  and  sheet  metal  articles,  that  portion  of  tin- 
in  the  Sixth  ward  of  the  City  of  St.  Paul,  to-wil  :  I.": 
one  fl),  two  (2),  three  ('■>)  and  four  i  t),  of  block  "  \."  of 
Robertson's  Addition  to  West  St.  Paul,  provided  that  at  all 
times  during  the  term  of  this  franchise  the  said  grantees 
herein  named  shall  emplo)  in  their  said  business  a  monthly 
average  per  year  of  riol  less  than  twenty  (20)  men.  This 
granl  is  made  upon  tin-  expi  ndition  that   the  grantees 

herein  named  shall  paj  to  th  >f  Si    Paul,  as  compensa 

tion  and  rental  for  tin-  privileges  hereby  granted,  the  sum  of 
one  dollar  ($1)  per  annum  for  and  during  the  time  herein- 
above specified,  payable  annually  in  advance. 

1464.  Sec.  •.'.  That  permission  and  authorit)  is  hereby 
given  and  granted  unto  the  said   Lefebvre  <^    I''-  lauriei 


530 

erect,  construcl  and  maintain  on  said  above-described  lots  one 
I)  two-Story  brick  building,  Eor  use  in  their  said  business, 
the  said  two  (2)  stories  to  be  above  the  grade  of  the  levee  in 
from  of  said  lots,  and  also  frame  sheds  on  said  lots,  all  of 
which  buildings  shall  be  built  under  the  direction,  and  accord- 
ing to  the  instructions  of,  the  building  inspector  of  said  city, 
upon  obtaining  permits  to  do  so,  and  the  payment  of  the 
pr<  'per  fees  thereof; 

Provided,  however,  that  the  chimney  and  smoke  stack  to 
be  used  in  connection  with  said  business  shall  extend  at  least 
twenty-five  (25)  feet  above  the  grade  of  the  Dakota  avenue 
bridge;  and  provided,  further,  that  this  ordinance  shall  not  be 
construed  as  guaranteeing  or  warranting  any  of  the  rights 
hereby  granted ;  and  provided,  further,  that  the  grantees 
herein  named  shall  complete  said  buildings  and  have  said  busi- 
ness in  operation  by  October  1,  A.  D.  1891 ;  and  that  before  the 
expiration  of  said  term  of  twenty-five  (25)  years  all  said  build- 
ings -hall  be  removed  from  said  above  described  premises  by 
said  grantees;  and  in  case  of  failure  to  remove  said  buildings 
within  said  time,  the  same,  or  such  part  thereof  as  may  there- 
after remain,  shall  become  the  property  of  the  said  City  of 
St.  Paul. 

1465.  Sec.  :!.  No  rights  acquired  under  this  ordinance 
shall  be  transferred  to  any  other  person  or  persons,  company 
or  corporation,  unless  the  consent  of  the  common  council 
shall  be  first  obtained. 

1466.  Sec.  4.  Said  grantees  shall  and  will  forever  indem- 
nify and  save  harmless  the  said  City  of  St.  Paul  against  any 
and  all  damages,  judgments,  claims,  costs  and  expenses  of 
same  which  it  may  suffer,  or  that  may  be  recovered  or  ob- 
tained from  or  against  said  city  for  or  by  reason  of  the  grant- 
ing of  such  privileges,  or  for  or  by  reason  of  the  growing  out 
of  or  resulting  from  the  passage  of  this  ordinance,  or  any 
matter  or  thing  connected  therewith,  or  with  the  exercise  by 
the  said  grantee  of  the  privileges  hereby  granted. 

1467.  Sec.  5.  If  said  grantees  shall  fail  in  any  respect  to 
comply   with   the   provisions   of  this   ordinance,   then   all    the 


531 

rights  and  privileges  hereby  granted  shall  be  forfeited  to  the 
said  City  of  St.  Paul. 

1468.  Sec.  6.  That  said  grantees  shall  file  with  the  city 
clerk,  within  thirty  (30)  days  after  the  publication  of  this 
ordinance,  their  written  acceptance  of  the  provisions  thereof, 
the  same  to  be  first  approved  by  the  corporation  attorney. 

1469.  Sec.  7.  The  City  of  St.  Paul  expressly  reserves  the 
right  to  grant  at  any  time  to  any  person,  firm,  or  company,  or 
corporation,  the  right  to  construct  and  operate  a  steam  or 
any  other  railway  across  the  north  twenty-five  (25)  feet  of 
said  lots. 

1470.  Sec.  8.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  publication,  and  the  acceptance  thereof, 
as  provided  in  section  six  (6)  of  this  ordinance. 

Sec.  9.  That  an}'  ordinance  heretofore  passed  containing 
provisions  inconsistent  with  the  foregoing  is  hereby  repealed. 
Passed  Aug.  25,  1801. 


McCORMICK   HARVESTING  MACHINE   COMPANY. 

Ordinance  No.  2207. 

(Approved  Augusl  L7,  L901.)- 

1471.         An  Ordinance  to  authorize  the  McCormick  Harvest- 
ing   Machine    Company   to   lay   and    thereafter    to 
maintain  spur  tracks  on  Vandalia  street,  between 
Charles  street  and   Pillsbury   avenue,   in   the   City 
of   St.   Paul. 
Whereas,  the  McCormick   Harvesting   Machine  Companj 
has   heretofore   dul)    presented    to   the   Common    Council    its 
petition  in   writing   for  permission  and  authority   to  laj    and 
maintain  a  series  of  spur  tracks  on   Vandalia  street,  between 
Charles  streel  and  Pillsbury  avenue,  as  shown  on  the  map  of 
the   vicinity  to  said  petition  attached,  which  ^;ud  petition   is 
dulv  signed  and  presented  on  behalf  of  a  majorit)  ol  the  own 
,i    on  both  sides  of  said  Vandalia  between  said  Charles 

strict  and  Pillsbury  avenue,  all  in  the  City  of  St.  Paul,  and  is 
on  file  in  the  •  iffic<  i ■'  the  ( 'it y  * "■ 


Now,  therefore,  deeming  it  to  the  public  interest  that  the 
request  for  said  permission  and  authority  should  be  granted 
a.s  in  said  petition  pra\  ed  for. 

The   Common   Council   of  the  City  of  St.    Paul  do  ordain  as 

follows  : 

Sec.  1.  That  permission  and  authority  be  and  is  hereby 
given  and  conferred  upon  the  McCormick  Harvesting  Machine 
Company  to  lay  two  spur  tracks  on  that  portion  of  Vandalia 
street,  one  of  the  public  streets  of  the  City  of  St.  Paul,  between 
Charles  street  and  Pillsbury  avenue,  in  said  city. 

1472.  Sec.  %.  Said  permission  and  authority,  and  the  right 
to  maintain  said  tracks  and  operate  trains  thereon,  shall  con- 
tinue and  exist  in  the  said  company  until  such  time  only  as 
the  Common  Council  shall  otherwise  by  ordinance  determine. 

1473.  Sec.  :;.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage,  approval  and  publication,  and 
acceptance  in  writing  by  said  McCormick  Harvesting  Machine 
Company,  said  acceptance  to  be  filed  with  the  City  Clerk,  and 
to  be  in  a  form  first  approved  by  the  Corporation  Attorney, 
and  to  contain  a  clause  of  agreement  by  the  said  company  to 
remove  said  tracks  whenever  ordered  so  to  do  by  the  Com- 
mon Council  of  the  City  of  St.  Paul,  and  to  forever  protect  and 
save  harmless  the  City  of  St.  Paul  in  the  premises. 

SAME. 

Ordinance  No.  2542. 

(Approved  Nov.  23,  1905.) 

1474.  An  Ordinance  to  amend  Ordinance  No.  2207,  entitled 

"An  Ordinance  to  authorize  the  McCormick  Har- 
vesting Machine  Company  to  lay  and  thereafter 
to  maintain  spur  tracks  on  Vandalia  street,  be- 
tween Charles  street  and  Pillsbury  avenue,  in  the 
City  of  St.  Paul,"  approved  August  17,  1901. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

1475.  Sec.  1..    That  Section  one  (1)  of  Ordinance  No.  2207,' 
entitled  "An  Ordinance  to  authorize  the  McCormick  Harvest- 


533 

ing  Machine  Company  to  lay  and  thereafter  maintain  spur 
tracks  on  Vandalia  street,  between  Charles  street  and  Pills- 
bury  avenue,  in  the  City  of  St.  Paul,"  approved  August  17, 
1901,  be  and  the  same-  is  hereby  amended  by  adding  at  the  end 
of  said  Section  1  the  following,  to-wit : 

"Also  another  spur  track  connecting  with  the  one  above 
authorized,  and  extending  thence  along  the  northerly  fifteen 
feet  of  Charles  street  to  a  point  two  hundred  fifty  feet  west 
of  the  westerly  line  of  Vandalia  street,  as  shown  by  the  red 
line  upon  the  blue-print  map  hereto  attached;  and  said  rights 
and  privileges  may  be  exercised  by  said  McCormick  I  I  arrest- 
ing Machine  Company,  its  successors  or  assigns." 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

McGregor  &  Mcteague. 

Ordinance  No.   1510. 

(Approved  June  17,  1891.  I 

1476.  An  Ordinance  granting  unto  A.  F.  McGregor  and 
William  McTeague,  partners  as  McGregor  &  Mc- 
Teague,  permission  to  use  a  portion  of  the  levee 
in  the  Sixth  ward  of  the  City  of  St.  Paul. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows  : 

Si-.-,  i.  Thai  permission  and  authority  is  herebj  given 
and  granted  unto  A.  I;.  McGregor  and  William  McTeague, 
partners  as  McGregor  &  McTeague,  to  use  and  occupy  for 
the  full  period  of  ten  |  Mm  years  from  tin-  date  of  the  pass 
oi  thi>  ordinance,  for  manufacturing  purpose  5,  to  wit  :  Manu- 
facturing, consisting  of  steam  boiler  making,  sheel  iron  works, 
and  all  things  necessarj  and  incident  thereto;  thai  portion  of 
the  levee  in  the  Sixth  ward   oi  the  City  of  Si.  Paul,  described 

as   follows,   to  wit  : 

Lots    line,     (:\)    and    four    Mi.   of   block    one    hundred    and 

eighty-three   (183),   Robei  Addition   to  Wesl   St.   Paul; 

provided,  thai   the  -aid  herein   named  -hall  employ 

in  their  said  business  ai   all   times  during   the  term  oi  (his 

franchise  not   less  than  twent;  16)   men. 


53  I 

This  grant  is  made  upon  the  express  condition  that  the 
grantees  herein  named  shall  pa)  to  the  said  City  of  St.  Paul, 
as  compensation  and  rental  for  the  privileges  hereby  granted, 
the  sum  of  one  dollar  ($1  I  per  annum  for  and  during  the  time 
hereinabove  specified,  payable  annually  in  advance. 

1-3  77.  See.  2.  That  permission  and  authority  is  hereby 
given  and  -ranted  unto  the  said  McGregor  &  McTeague  to 
erect,  construct  and  maintain  on  said  lots  three  (3)  and  four 
ilia  sixty  (60)  Eeet  by  ninety  (90)  feet  brick  or  brick- 
veneered  one-story  building,  for  use  of  their  said  business. 
Said  building,  however,  shall  be  two  (2)  stories  in  front,  full 
width,  and  extend  back  sixteen  (16)  feet.  The  said  building 
to  be  above  the  grade  of  the  levee  in  front  of  said  lots,  which 
building  shall  be  built  under  the  directions  and  according  to 
the  instructions  of  the  building  inspector  of  the  city,  upon 
obtaining  a  permit  so  to  do,  and  the  payment  of  the  proper 
therefor;  provided,  however,  that  the  chimney  and  smoke 
stack  to  be  used  in  connection  with  said  business  shall  ex- 
tend at  least  seventy-five  (75)  feet  above  the  grade  of  the 
street  upon  which  said  building  fronts ;  and  provided,  further, 
that  this  ordinance  shall  not  be  construed  as  granting  or  war- 
ranting any  of  the  rights  hereby  granted ;  and  provided,  fur- 
ther, that  the  grantees  herein  named  shall  complete  said  build- 
ing, and  have  said  business  in  operation,  within  ninety  (90) 
days  from  the  passage  of  this  ordinance  ;  and  that  before  the 
expiration  of  the  said  term  of  ten  (10)  years  said  building 
shall  be  removed  from  said  above-described  premises  by  said 
grantees,  and  in  case  of  failure  to  remove  said  building  within 
said  time,  the  same,  or  such  part  thereof  as  may  thereafter 
remain  upon  said-premises,  shall  become  the  property  of  said 
City  of  St.   Paul. 

1478.  Sec.  3.  No  rights  acquired  under  this  ordinance 
shall  be  transferred  to  any  other  persons,  company  or  corpo- 
ration, unless  the  consent  of  the  common  council  of  said  city 
shall  be  first  obtained. 

1479.  Sec.  4.  Said  grantees  shall  and  will  forever  indem- 
nify and  save  harmless  the  City  of  St.  Paul  against  any  and 
all   damages,  judgments,  claims,  costs  and  expenses  of  same 


535 

which  it  may  suffer,  or  that  may  be  recovered  or  obtained  far 
or  against  said  city  from  or  by  reason  of  the  growing  out  of, 
or  resulting  from,  the  passage  of  this  ordinance,  or  in  any 
matter  or  thing  connected  therewith,  or  with  the  exercise  of 
the  said  grantees  of  the  privileges  hereby  granted. 

1480.  Sec.  5.  If  said  grantees  shall  fail  in  any  respect  to 
comply  with  the  provisions  of  this  ordinance,  then  all  the 
rights  and  privileges  hereby  granted  shall  be  forfeited  to  said 
City  of  St.  Paul. 

1481.  Sec.  6.  The  said  grantees  shall  file  with  the  city 
clerk,  within  thirty  (30)  days  after  the  publication  of  this 
ordinance,  their  written  acceptance  of  the  provisions  hereof, 
the  same  to  be  approved  by  the  corporation  attorney. 

Sec.  7.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  publication  and  acceptance  thereof,  as  pro- 
vided in  section  six  (6)  of  this  ordinance. 

J.   W.   McHOSE. 

Ordinance  No.  2070. 

(Approved  September  11,  1899.) 

1482.  An  Ordinance  granting  unto  James  W.  McHose  per- 

mission to  use  a  portion  of  the  levee  in  the  Sixth 
ward,  in  the  City  of  St.  Paul. 
The   Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows: 

Sec.  1.  That  permission  and  authority  be  and  the  same 
i  hereby  given  unto  Jam£s  \\  .  McHose  to  use  and  occupy, 
for  the  full  period  of  twenty  five  (25)  years  from  the  date  of 
the  passage  of  this  ordinance,  for  the  purpose  of  manufac 
turing  mattresses,  spring  beds,  comforters,  cots,  cribs,  feathers, 
pillows,  furniture,  and  cushions  and  moss,  excelsior  and  cot- 
ton beds,  thai  portion  of  the  levee,  in  the  Sixth  ward,  in  tin- 
Cits  of  St.  Raul,  described  as  follows,  to  wit  :  Lots  one  i  i  \, 
three  (3),  four  (4)  and  five  (5),  of  block  "C,"  of  Robertson's 
Addition  to  Wesl  St.  Paul,  according  to  the  plal  thereof  on 
file  in  the  office  of  the  register  of  deeds  in  the  State  of  Min 
nesota.    This  granl  and  permission  are  made  by  and  on  be 


536 

half  of  the  City  of  St.  Paul  upon  the  express  conditions  and 
terms  hereinafter  set   forth,  to-wit: 

First-    The  said  grantee  above  named  shall  pay    to    the 

City  of  St.   Paul,  as  compensation  and  rental  for  the  privi- 

-  hereby  granted,  the  sum  of  one  ($1)  dollar  per  annum, 

payable  annually   in   advance.   For  and   during  the  time  herein 

specified. 

Second— Said  grantee  shall  erect  upon  said  premises,  and 
maintain  thereon,  a  main  building  sixty  (60)  feet  in  width  by 
two  hundred  and  thirty-five  (235)  feet  in  length,  and  such 
other  buildings  as  the  conduct  of  their  business  shall  here- 
after require.  All  of  said  buildings  shall  be  built  of  wood, 
red  by  corrugated  iron,  and  shall  be  built  under  and  upon 
plans  approved  by  the  building  inspector  of  said  city,  upon 
obtaining  a  proper  permit  therefor.  Said  buildings  shall  be 
for  the  manufacturing  purposes  above;  provided,  how- 
ever, that  the  chimneys  and  smokestacks  shall  extend  at  least 
fifty  (50)  feet  above  the  grade  of  the  streets  adjacent  thereto, 
and  provided  that  the  Common  Council  of  the  City  of  St. 
Paul  may.  by  special  resolution,  permit  the  erection  by  said 
grantee  of  buildings  of  a  different  character  and  material  to 
those  above  set  forth. 

Third — The  grantee  herein  named  shall  complete  said 
buildings  and  have  said  business  in  full  operation  within 
twelve  i  12)  months  from  the  passage  of  this  ordinance,  and 
within  ninety  (90)  days  after  the  expiration  of  the  term  of  the 
lease  herein  granted  said  building  or  buildings,  or  such  part 
thereof  as  shall  remain,  shall  be  removed  from  said  above 
described  premises  by  said  grantee,  and  in  case  of  failure  to 
remove  said  building  or  buildings  within  said  time  the  same, 
or  such  part  thereof  as  may  thereafter  remain  on  said  prem- 
ises, shall  become  the  property  of  the  City  of  St.  Paul. 

Fourth — Said  grantee  shall  and  forever  will  indemnify 
and  save  harmless  the  City  of  St.  Paul  against  any  and  all 
damages,  judgments,  claims,  costs  and  expenses  of  the  same 
which  said  city  may  suffer,  or  which  may  be  recovered  or  ob- 
tained from  or  against  said  city,  from  or  by  reason  of,  or  re- 
sulting from  or  growing  out  of;  the  passage  of  this  ordinance, 
or  the  performance  or  the  transaction  of  any  matter  or  thing 


537 

connected  therewith,  or  mentioned  herein,  or  with  the  exer- 
cise by  said  grantee  of  the  privileges  hereby  granted. 

Fifth — The  said  grantee  shall,  in  the  prosecution  of  the 
manufacturing  business  to  be  carried  on  upon  the  property 
leased  to  him  under  this  ordinance,  constantly  keep  employed 
throughout  the  entire  period  for  which  said  property  is  leased, 
not  less  than  twenty-five  (25)  adult  persons,  all  of  whom  shall 
be  residents  of  the  City  of  St.  Paul. 

1483.  Sec.  2,  Said  City  of  St.  Paul  reserves  the  right  to 
use  said  lot  one  (1),  of  block  "C,"  of  Robertson's  Addition  to 
West  St.  Paul,  or  as  much  thereof  as  may  be  necessary  for  the 
construction  of  slopes  thereon  in  the  course  of  the  reconstruc- 
tion of  the  Wabasha  street  bridge,  according  to  the  plans  now 
on  file  in  the  office  of  the  city  engineer  of  the  City  of  St.  Paul, 
and  the  said  city  engineer  shall  be  the  exclusive  judge  of  the 
amount  of  such  lot  which  may  be  necessary  to  be  used  for 
such  purposes,  and  the  manner  of  the  construction  of  such 
slopes  thereon. 

1484.  Sec.  3.  This  ordinance  shall  not  be  considered  or 
construed  as  in  any  manner  guaranteeing  or  warranting  any  of 
the  rights  hereby  granted,  nor  the  title  of  any  of  the  lands 
herein   described. 

1485.  Sec    I.     All  the  piling,  riprapping  and  filling  n< 
sary  to  be  done  on  the  land  above  described  shall  be  let  to  St. 
Paul   contractors,  or  be   performed   by   persons   and   laborers 
residing  in  the  City  of  St.  Paul,  and  all  the  stone  used  in  the 
construction  on  said  premises  shall  be  of  St.   Paul  manufac 
ture,  or  quarried   in   said  city. 

1486.  Sec.  5.  [f  said  grantee  shall  fail  to  comply  in  an) 
r<  sped  with  the  provisions  of  this  ordinance  then  all  the  rights 
and  privileges  herein  granted  shall  immediatel)  be  forfeited 
to  the  City  of  St.  Paul,  and  this  grant  or  lease  be  thereby 
terminated  and  forfeited. 

1487.  Sec  6.  All  buildings  placed  on  said  lands,  as  herein 
provided,  shall  be  personalt)  for  the  purp  tion,  and 
said  grantee  agrees  to  pay  all  taxes  which  may  be  levied  or 

•     ed  againsl  -aid  buildings,  and  in  ca  <     aid  grantee    hall 


allow  >ai«l  taxes  to  remain  unpaid  till  the  date  of  the  tax  sale 
thereof,  then  all  the  rights  and  privileges  hereby  granted  shall 
reverl  to  the  Cit)  of  St.  Paul,  and  this  lease  shall  thereupon 
terminate. 

1488.  Sec.  ^.  The  said  grantee  shall  not  later  than  twelve 
(12)  months  after  the  passage  of  this  ordinance  begin  the 
prosecution  of  said  manufacturing  business  hereinbefore  de- 
scribed, on  said  premises,  and  during  the  continuance  of  this 

shall  continuously  prosecute  the  same,  and  if  during  the 
term  of  this  lease  shall  fail  for  any  successive  thirty  (30)  days 
to  conducl  said  manufacturing  business  as  aforesaid,  then  said 
city  shall  have  the  right  and  option,  by  resolution,  upon 
thirty  |  30  i  days'  written  notice  to  said  grantee  of  its  intention 
so  to  do,  to  cancel  and  terminate  said  lease ;  provided,  that 
failure  to  prosecute  said  business  aforesaid,  caused  by  flood  or 
damaged  by  fire  or  the  elements,  or  strike,  shall  not  be  taken 
as  a  part  of  said  thirty  (30)  days. 

1489.  Sec.  8.  If  said  grantee  shall  fail  to  comply  with  any 
of  the  provisions  of  this  ordinance,  then  said  city  has  the 
right  and  option  on  giving  thirty  (30)  days'  written  notice  to 
said  grantee  of  its  intention  so  to  do,  to  terminate  and  forfeit 
this  lease;  provided,  that  in  case  this  lease  is  forfeited  by  said 
city  or  otherwise  for  an}-  reason,  then  said  grantee  shall  have 
the  right  during  the  six  (6)  months  next  following  such  for- 
feiture to  remove  its  machinery,  property  and  improvements 
from  said  premises. 

1490.  Sec.  9.  All  rights  hereby  granted  shall  at  all  times 
be  subject  to  all  ordinances  of  said  City  of  St.  Paul  in  force, 
or  which  may  hereafter  be  passed,  and  no  rights  acquired 
under  this  ordinance  shall  be  transferred  to  any  other  party, 
unless  the  consent  of  the  Common  Council  of  said  city  shall 
be  first  obtained. 

1491.  Sec.  10.  Said  grantee  shall  file  with  the  City  Clerk 
of  said  city,  within  thirty  (30)  days  after  the  publication  of 
this  ordinance,  their  written  acceptance  of  the  provisions 
thereof,  and  an  agreement  to  perform  all  of  said  terms  thereof, 
the  same  to  be  approved  by  the  Corporation  Attorney. 


539 

Sec.  11.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  publication,  and  acceptance,  as  pro- 
vided  therein. 

SAME. 
Ordinance  No.  2152. 

(Approved  November  9,  1909.) 

1492.  An  Ordinance,  supplementary  to  and  amendatory  of 

Ordinance  No.  2070,  approved  Sept.  11,  1899. 

The   Common  Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

That  paragraph  "Third,"  of  section  1,  of  Ordinance  No. 
2d^0.  approved  Sept.  11,  1899,  being  an  ordinance  granting 
unto  James  \Y.  McHose  permission  to  use  a  portion  of  the 
levee  in  the  Sixth  ward  of  the  City  of  Paul,  be  amended  so  as 
to  read  as  follows,  to-wit: 

Third — The  grantee  herein  named  shall  complete  said 
buildings,  and  have  said  business  in  full  operation  on  or  before 
Sept.  11.  1901,  and  within  ninety  days  after  the  expiration  of 
the  term  of  the  lease  herein  granted  said  building  or  buildings, 
or  such  part  thereof  as  shall  remain,  shall  be  removed  from 
said  above  described  premises  by  said  grantee,  and  in  case  of 
failure  to  remove  said  building  or  buildings  within  said  time, 
th'e  same,  or  such  part  thereof  as  may  thereafter  remain  on 
said  premises,  shall  become  the  property  of  the  City  of  St. 
Paul. 

SAME. 

Ordinance  No.  2155. 

i  Approved  November  2  l .  L900  I 

1493.  An  Ordinance  supplementary  to  and  amendatory  of 

Ordinance  No.  2070,  approved  Sept.   11,  1899. 
Tin-  Common  Council  of  the  Citj   of  St.   Paul  do  ordain  as 
folli  >ws  : 

That  paragraph  "Third,"  of  section  i.  of  Ordinance  No. 
2070,  approved  Sept.  11,  1899,  being  an  ordinanci  -ranting 
unto  James  \\  .   McHose  permission  to  use  a  portion  of  the 


540 

levee  in  the  Sixth  ward  of  the  City  of  St.  Paul  be  amended 
read  as  follows,  to-wit : 

Third— The  grantee  herein  named  shall  complete  said 
buildings  and  have  said  business  in  full  operation  on  or  be- 
fore Sept.  1  1.  L901,  and  within  ninety  days  after  the  expiration 
of  the  term  of  the  lease  herein  -ranted  said  building  or  build- 
ings,  or  such  part  thereof  as  shall  remain,  shall  be  removed 
from   said  above  described  premises  by  said  grantee,  and   in 

of  failure  to  remove  said  building  or  buildings  within  said 
time  the  same,  or  such  part  thereof  as  may  thereafter  remain 
on  said  premises,  shall  become  the  property  of  the  City  of 
St.  Paul. 

SAME. 

Ordinance  No.  2308. 

(Approved  September  11,  1902.) 

1494.         An    Ordinance   terminating   the  lease   on   Lots   one, 
three,  four  and  five,  in  Block  "C,"  of  Robertson's 
Addition  to  West  St.  Paul,  to  James  W.  McHose, 
revoking  and  rescinding  any  and  all  rights  there- 
under,  and  repealing   Ordinances  numbered   2070, 
2152  and  2155,  of  the  General  Ordinances  of  the 
City  of  St.  Paul  relating  thereto. 
Whereas,  Heretofore  and  in  and  by  the  terms  of  that  cer- 
tain  ordinance   known   as   Ordinance   numbered   2070,   of  the 
General  Ordinances  of  the  City  of  St.  Paul,  entitled  "An  Ordi- 
nance granting  unto  James  W.  McHose  permission  to  use  a 
portion  of  the  levee  in  the  Sixth  ward  of  the  City  of  St.  Paul," 
duly  approved  September  11,  1899,  and  thereafter  duly  pub- 
lished,  permission   and   authority  was   granted   to  James   W. 
McHose  to  use  and  occupy  that  portion  of  the  levee  in  the 
Sixth  ward  of  the  City  of  St.  Paul,  which  is  commonly  known 
and  described  as  Lots  numbered  one  (1),  three  (3),  four  (4) 
and  five  (5),  in  Block  "C,"  of  Robertson's  Addition  to  West 
St.  Paul,  for  manufacturing  purposes,  upon  the  premises  artd 
conditions  therein  set  forth,  and,  among  others,  the  following, 
to-wit:     That    said    McHose    should    erect    certain    buildings 
upon  said  premises,  to  be  used  for  the  manufacturing  purposes 


54  J 

therein  recited,  and  should  have  the  same  completed,  and  the 
business  to  be  done  therein  by  him  in  full  operation  within 
twelve  (12)  months  after  said  September  11,  1899;  and,  fur- 
ther, that  he  should  keep  constantly  in  his  employ  in  said  busi- 
ness not  less  than  twenty-five  (25)  adult  persons,  residents 
of  the  City  of  St.  Paul,  and  that  he  should  begin  the  prosecu- 
tion of  his  said  business  upon  the  said  premises  within  twelve 
(12)  months  after  the  passage  of  said  ordinance,  to-wit: 
after  September  11,  1899;  and 

1495.  \\  hereas,  The  said  grantee,  James  W.  Mcliose,  has 
duly  failed  and  neglected  to  comply  with  the  terms,  provi- 
sions and  conditions  of  said  Ordinance  numhered  2070,  afore- 
said, and  has  further  failed  to  comply  with  the  terms  and  pro- 
visions of  those  certain  attempted  ordinances  of  the  City  of 
St.  Paul  known  as  Ordinance  numbered  2152  and  Ordinance 
numbered  215.").  in  and  by  the  terms  of  each  of  which  the 
Common  Council  attempted  to  extend  the  time  for  the  com- 
pletion of  the  building's  aforesaid,  and  the  commencement  of 
the  bnsiness  therein  to  be  done,  up  to  and  including  the  11th 
day   of   September.    1901;   and 

1496.  Whereas,   Said   Ordinance   numbered    2070    further 

provided,  in  section  five  thereof,  as  follows:  "If  said  grantee 
shall  fail  to  comply  in  an}-  respect  with  the  provisions  of  tin's 
ordinance,  then  all  the  rights  and  privileges  herein  granted 
shall  immediately  be  forfeited  to  the  City  of  St.  Paul,  and  this 
grant  or  lease  be  thereby  terminated  and  forfeited." 
Now,  therefore,  the  Common  Council  of  the  City  of  St.  Paul 
do   ordain    as    follows: 

1497.  Sec.  I.  That  the  rights  and  privileges  in  and  by 
the  terms  .if  -aid  Ordinance  numbered  3070,  to  and  upon 
James  \V.  McHose,  the  grantee  therein,  are  and  they  are 
hereby  declared  to  he  forfeited  to  the  Citj  of  St.  Paul,  ami  the 
lease  therein  and  thereby  made  is,  and  it  is  hereby  declared  to 
be.  together  with  anj  ami  all  grant  its  herein  apper 
tabling,  also  terminated  and  forfeited,  and  am  ami  all  rights, 
privileges  and  authority  in  and  by  th<  of  said  ordinance 
imposed  and  conferred  ate  hereby  declared  to  be  rescinded, 
revoked  and  annulled. 


B  1 3 

1498.  Sec.  2.  Said  Ordinance  numbered  2070,  entitled  "An 
Ordinance  granting  unto  James  \Y.  McHose  permission  to 
use  a  portion  of  the  levee  in  the  Sixth  ward,  in  the  City  of  St. 
Paul/1  approved  September  11,  1899;  Ordinance  numbered 
2152,  entitled  "An  Ordinance  supplementary  to  and  amenda- 

(  Irdinance  numbered  2070,  approved  September  11, 
1899,"  approved  November  9,  L900,  and  Ordinance  numbered 
2155,  entitled  "An  Ordinance  supplementary  to  and  amenda- 
tory of  Ordinance  numbered  2070,  approved  September  11, 
L899,"  approved  November  21,  1900,  are  hereby  in  all  things 
rescinded   and   repealed. 

Sec.  3.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

MANHATTAN  COMPANY. 
Ordinance  No.  1983. 

I  Approved  May  20,  1898.) 

1499.  An  Ordinance  authorizing  the  Manhattan  Company 

to  construct  a  tunnel  under  the  surface  of  Robert 
street. 

The   Common   Council  of  the   City  of  St.   Paul  do  ordain  as 
f(  Mows : 

Sec.  1.  That  the  Manhattan  Company  be  and  is  hereby 
authorized  to  construct  a  tunnel  under  the  surface  of  Robert 
street,  from  the  Manhattan  building  to  the  basement  of  the 
building  directly  across  said  Robert  street,  said  tunnel  to  be 
constructed  for  the  purpose  of  conveying  steam  heating  pipes 
across  said  Robert  street.  All  of  said  work  shall  be  done 
under  the  supervision  of  the  City  Engineer,  and  in  the  manner 
by  him  directed,  upon  the  execution  and  delivery  of  a  bond 
to  the  city  in  the  sum  of  $5,000  to  indemnify  the  said  city, 
which  bond  shall  contain  such  conditions  as  shall  be  approved 
by  the  City  Attorney. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from   and  after  its  passage  and  publication. 


543 

SAME.     (THE     MANHATTAN     LIGHT,     HEAT     AND 
POWER  COMPANY.) 

Ordinance  No.  2109. 

1500.  An    Ordinance    granting    to    the    Manhattan    Light, 

Heat  and  Power  Company  of  St.  Paul,  Minnesota, 
certain  privileges  in  the  streets  of  said  city  for  the 
purpose  of  carrying  electric  currents  therein  for 
furnishing  light,  heat  and  power. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  There  is  hereby  granted  to  the  Manhattan  Light, 
Heat  and  Power  Company  of  St.  Paul,  Minnesota,  its  succes- 
sors and  assigns,  for  a  period  of  thirty  (30)  years  from  the 
date  of  the  acceptance  of  this  ordinance,  and  no  longer,  the 
privilege  and  authority  of  erecting  such  poles  and  putting  in 
such  an  underground  system  of  wires  for  the  purpose  of  carry- 
ing electric  currents  in  the  streets  in  the  City  of  St.  Paul,  at 
such  place  or  places  and  on  such  of  said  streets  as  may  here- 
after be  approved  by  the  Common  Council  of  said  city,  under 
the  supervision  of  the  City  Engineer  of  said  city,  such  poles 
and  underground  system,  together  with  the  vires  thereon  and 
therein,  to  be  subject  to  removal  to  such  place  or  places  as  the 
Common  Council  may  at  any  time  direct,  at  the  cost  and  ex- 
pense of  said  company. 

1501.  Sec.  2.  The  said  Manhattan  Light,  Meat  and  Power 
Company,  it-  successors  and  assigns,  hereby  assumes  all  lia- 
bility that  may  be-  caused  by  the  erection  of  such  poles  and 
underground  system,  and  the  use  of  said  electric  currents,  and 
shall  at  all  times  save  the  City  of  St.  Paul  harmless  i! 
from,  and  from  all  damages  growing  out  therefrom,  and.  in 
order  to  protect  tin-  said  City  of  St.  Paul  from  such  dam.; 
the  said  .Manhattan  Light,  Meat  and  Power  Company,  its  sue 

nid  assigns,  shall,  before  exercising  anj   of  tin-  privi 
leges  "i"  authority   referred  to  in  this  ordinance,  execute  and 
deliver  to  -aid  city  a  good  and  sufRcienI   bond  thereto,  con 
ditioned  in  the  sum  of  twenty-five  thousand  dollars  ($25,000), 

with  such  surely  or  sureties  a-     hall  be  approved  b\    the  Com 

mon  Council  i,i  said  city. 


1502.  Sec.  •">.  Nothing  herein  contained  shall  be  construed 
ving  to  the  said  Manhattan  Light,  Heat  and  Power  Com- 
pany the  exclusive  privilege  of  using  any  of  the  streets  in 
said  city  tor  the  purposes  specified  in  section  one  of  this  ordi- 
nance. 

1503.  Sec.  I.  None  of  the  provisions  of  this  ordinance 
shall  be  construed  as  granting  to  the  said  Manhattan  Light, 
Heat  and  Power  Company  any  rights  or  privileges  whatever 
in  any  of  the  streets  in  the  City  of  St.  Paul  until  in  each  in- 
stance an  application  for  the  right  to  use  any  particular  street 
or  streets,  duly  presented  to  the  Common  Council  and  ac- 
companied by  plans  or  profiles  previously  approved  by  the 
City  Engineer,  shall  have  been  granted  by  resolution  thereto 
duly  enacted,  approved  and  published. 

1504.  Sec.  5.  The  poles  erected  at  any  time  under  the  au- 
thority and  privilege  herein  and  hereby  conferred  shall  be 
planed  and  painted,  and  shall  be  set  in  the  sidewalk  close  to 
the  gutter  or  curb,  unless  special  directions  are  otherwise 
given  by  the  City  Engineer.  All  poles  must  be  erected  sub- 
ject to  the  satisfaction  and  approval  of  the  said  City  Engineer. 

1505.  Sec.  6.  Whenever  any  street  on  which  any  pole  shall 
have  been  set  shall  be  graded  or  paved,  the  said  Manhattan 
Light.  Heat  and  Power  Company,  its  successors  and  assigns, 
shall  at  its  or  their  own  proper  cost  reset  the  said  pole  or  poles 
so  as  to  conform  to  the  street  as  so  reconstructed. 

1506.  Sec.  7.  The  Common  Council  reserves  the  right  to 
order  and  cause  any  or  all  wires  to  be  laid  underground  at  any 
time,  and  to  order  any  or  all  of  said  poles  to  be  removed  off 
the  streets  whenever  it  may  deem  proper  to  lay  the  wires  of 
said  company  underground. 

1507.  Sec.  8.  The  said  Manhattan  Light,  Heat  and  Power 
Company,  as  a  condition  upon  which  this  franchise  is  granted, 
obligates  itself  to  submit  a  bona  fide  bid  for  the  lighting  with 
electricity  of  the  streets  of  the  City  of  St.  Paul  at  any  and  all 
times  that  the  municipal  authorities  of  said  city  shall  adver- 
tise for  bids  for  such  lighting  of  its  streets.  Provided,  how- 
ever, that  said  Manhattan  Light,  Heat  and  Power  Company 
shall  only  be  required  to  submit  bids  for  the  street  lighting  in 


545 

such  of  the  lighting  districts  as  said  company  has  at  the  time 
of  the  submission  of  said  bids  poles  and  conduits,  and  only  in 
such  lighting  districts  as  the  City  of  St.  Paul  may  hereafter 
equip  with  its  own  poles  and  conduits  for  electric  lighting 
purposes. 

1508.  Sec.  9.  The  said  Manhattan  Light.  Heat  and  Power 
Company,  as  a  further  condition  upon  which  this  franchise 
is  granted,  obligates  itself  that  it  shall  not  at  any  time  trans- 
ferees stock,  or  any  part  thereof,  or  its  rights,  or  any  of  its 
property  or  effects  to  any  other  company  now  or  hereafter 
engaged  in  the  business  of  manufacturing  or  selling  electric 
light  or  power  to  the  City  of  St.  Paul,  or  make  or  effect  any 
consolidation  in  any  manner  or  form  with  any  such  company, 
without  the  consent  of  the  Common  Council  of  the  City  of  St. 
Paul,  as  expressed  by  resolution  duly  passed  by  a  two-thirds 
vote  of  all  the  members  of  each  body  of  said  Common  Coun- 
cil, and  duly  approved  and  published ;  nor  shall  the  said  Man- 
hattan Light,  Heat  and  Power  Company  enter  into  any  com- 
bination, agreement  or  relation  of  any  nature  whatsoever  with 
any  person,  persons  or  corporations  now  or  hereafter  engaged 
or  interested  in  the  business  of  producing  or  furnishing  elec- 
tric light  or  power  to  the  City  of  St.  Paul,  the  reasonable  effect 
or  purpose  of  which  said  combination,  agreement  or  relation 
shall  be  to  check  or  limit  competition  in  the  business  of  fur- 
nishing electric  light  and  power. 

1509.  Sec.  10.  In  consideration  of  the  privileges  and  au- 
thority in  and  by  this  ordinance  granted  the  said  Manhattan 
Light,  Ileal  and  Tower  Company  agrees  to  and  with  the  said 
City  of  St.  Paul,  for  itself,  its  successors  and  assigns,  to  pa) 
into  the  city  treasury  of  said  city  annually,  after  the  passage 
of  this  ordinance,  such  a  percentage  of  its  gross  earnings 
under  the  business  done  by  it  under  this  ordinance  of  fur 
nishing  electric  lighl  and  power  to  said  city  as  shall  be  paid 
into  the  city  treasury  of  said  city  by  all  other  companies  fur- 
nishing electric  lighl  and  power  to  said  cit)  under  the  ordi- 
nances of  said  city,  and  the  Common  Council  of  said  city  shall 
have    the    righl    to    charge    -aid    Manhattan    Light,    Heal    and 

Power  Company  the  -ame  rate  per  cenl  on  th< 


546 

of  its  said  business  of  famishing  electric  light  and  power  as 
the  said  Common  Council  shall  charge  such  other  like  com- 
panies, or  that  said  city  shall  receive  from  such  other  like 
companies,  upon  any  such  business  done  by  them.  Provided, 
however',  that  the  said  Manhattan  Light,  Heat  and  Power 
Company  shall  not  be  obligated  to  pay  such  percentum  of  its 
gross  earnings,  except  for  such  time  as  each  other  like  com- 
pany is  likewise  required  to  pay  such  rate  per  centum  on  its 
—  earnings;  and  provided,  further,  that  the  payment  so  to 
be  made  shall  he  made  on  or  before  the  first  day  of  January 
of  each  year  from  and  after  the  time  when  the  liability  to 
make  such  payments  shall  arise,  and  for  the  purpose  of  ascer- 
taining such  gross  earnings,  an  accurate  account  of  the  same 
shall  be  kept  by  the  grantee  herein,  its  successors  and  assigns, 
and  an  abstract  or  account  thereof  shall  be  furnished  by  it  to 
the  City  Comptroller  of  the  City  of  St.  Paul  on  or  before  the 
15th  day  of  December  of  each  year,  the  truth  of  which,  said 
abstract  shall  be  verified  by  the  affidavit  of  the  treasurer  and 
secretary  of  said  grantee ;  and  for  the  purpose  of  verifying 
such  payments  the  books  of  the  said  grantee,  its  successors 
and  assigns,  shall  at  all  time  be  open  for  the  inspection  of  such 
officer,  person  or  persons  as  may  be  appointed  for  that  pur-* 
pose  by  the  Common  Council  of  said  city,  and*  for  the  purpose 
curing  to  the  said  City  of  St.  Paul  the  payment  of  such 
percentum  on  its  gross  earnings,  the  said  city  shall  have  a 
lien  for  the  payment  thereof,  and  the  same  shall  be  a  charge 
upon  all  the  property,  estate  and  effects  of  said  company 
whatsoever,  real,  personal  and  mixed,  and  may  be  enforced  by 
said  city  by  a  civil  action. 

1510.  11.     The   acceptance   of   the   privileges  and   au- 

thority herein  and  hereby  conferred  by  said  Manhattan  Light, 
I  feat  and  Power  Company,  or  its  successors  or  assigns,  either 
by  resolution  of  the  hoard  of  directors  of  said  company  or  by 
action  hereunder  in  the  erection  of  its  poles,  or  the  laying  of 
its  conduits,  and  in  compliance  with  the  terms  and  conditions 
hereof,  shall  be  an  acceptance,  and  shall  be  so  construed,  of 
all  the  conditions  and  provisions  herein  contained. 


1511.  Sec.   12.      Immediately  upon   the  violation  of  any  of 

the  provisions  of  this  ordinance,  or  upon  a  non-compliance 
with  the  terms  and  conditions  thereof,  or  any  of  them,  the 
privileges  and  authority  herein  and  herein-  granted  shall  there- 
upon cease  and  determine. 

Sec.  13.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 
(Vetoed  by  Mayor;  passed   over   Mayor's  veto  by   Hoard  of 
Aldermen  May   1,  1900;  Assembly  May  17,  L900.) 

SAME. 
Ordinance  No.  2004. 

i  Approved  August   20,   1898.  I 

1512.  An  Ordinance  authorizing  the  Manhattan  Company 

to  construct  a  tunnel  under  the   surface  of  Fifth 
street. 
Tin-   Common   Council  of  the   City  of   St.    Paul   ^\o  ordain   as 

follows : 

Sec.  1.  That  the  .Manhattan  Company  he  and  is  hereby 
authorized  to  construct  a  tunnel  under  the  surface  of  Fifth 
Streeet,  from  Lot  1,  Block  is.  St.  Paul  Proper,  to  the  base- 
ment of  the  building  directly  across  said  Fifth  street,  -aid 
tunnel  to  be  constructed  for  the  purpose  "f  conveying  steam 
heating  pipes  and  electric  light  wires  said  Fifth  street. 

All  of  said  work  shall  be  done  under  the  supervision  of  the 
City   Engineer,  and  in  the  manner  1>\    him  directed,  upon  the 

ution  and  deliver)  of  a  bond  to  the  citj  in  the  sum  of 
$5,000,  to  indemnify  the  said  city,  which  bond  -hall  contain 
such  conditions  ;i-  -hall  he  approved  by  the  City   Attorney. 

Sec.  2.     This  ordinance  shall  take  effeel  and  be  in 
from  and  after  it-  passage  and  publication. 


5  1 8 

F.  A.  MARON. 

Ordinance  No.  2392. 

(Approved  August  2'?,  1903.) 

1513.  An   Ordinance   granting   F.   A.   Maron  the  right  to 

construct  a  tunnel  under  Seventh  street,  between 
Washington  street  and  Sixth  street,  in  the  City  of 
St.  Paul. 
The  Common   Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  Privilege  ^s  hereby  granted  to  F.  A.  Maron  the 
right  to  construct,  and  for  the  period  of  twenty-five  years 
after  the  passage  and  acceptance  of  this  ordinance  to  main- 
tain, a  tunnel  of  such  size  and  shape  as  may  be  approved  by 
the  Commissioner  of  Public  Works,  and  at  such  place  as  he 
may  direct,  extending  from  lot  7,  block  10,  Bazille  &  Guerin's 
Addition  to  lot  12.  block  2,  Rice  &  Irvine's  Addition,  and  to 
lay  in  said  tunnel  the  necessary  pipes  for  conducting  heat. 

1514.  Sec.  2.  The  privilege  hereby  conferred  is  granted 
upon  the  conditions  that  the  grantee  herein  shall  assume  all 
liability  that  may  arise  out  of,  or  be  caused  by,  the  exercise 
"i"  the  privilege  so  granted,  and  shall  at  all  times  save  the  City 
of  St.  Paul  harmless  from  any  and  all  damages,  costs  and 
expenses  growing  out  of,  or  arising  from,  the  construction 
and  maintenance  of  said  tunnel,  and  the  pipes  and  wires  au- 
thorized to  be  laid  therein. 

1515.  Sec.  3.  No  excavations  shall  be  made  in  said  Sev- 
enth street  for  the  purpose  of  constructing  said  tunnel,  and  the 
same  shall  be  placed  at  such  point  beneath  the  surface  of  the 
street  as  public  safety  and  convenience  may  require,  and  as 
shall  be  prescribed  by  the  Commissioner  of  Public  AYorks  of 
the  City  of  St.  Paul. 

1516.  Sec.  4.  The  privilege  hereby  conferred  shall  not  at 
any  time  be  sold,  transferred  or  assigned  to  any  other  person, 
firm  or  corporation,  without  the  consent  of  the  City  of  St. 
Paul,  and  shall  be  held  and  exercised  for  the  purpose  of  sup- 
plying heat  to  the  building  on  lot  12,  block  2.  Rice  &  Irvine's 
Addition,  and  shall  not  be  used  or  employed  for  any  other  pur- 
pose  whatsoever. 


549 

1517.  Sec.  5.  The  grantee  herein  shall  not  furnish  heat  to 
said  building  except  under  written  contract  with  the  owner 
or  tenants  thereof,  and  such  contract  shall  provide  for  a  fixed 
and  established  charge,  which  shall  at  no  time  be  less  than  the 
actual  cost  of  supplying  said  heat,  and  said  grantee  shall  keep 
an  accurate  set  of  books- of  account,  which  shall  at  all  times 
truthfully  set  forth  and  disclose  both  the  cost  of  supplying 
heat  and  the  amount  charged  or  received  therefor,  and  said 
books  of  account  shall  at  all  times  be  open  to  the  examina- 
tion and  inspection  of  the  City  Comptroller  of  the  City  of  St. 
Paul.  Said  grantee  shall  annually,  on  or  before  the  first  Mon- 
day in  February  of  each  and  every  year,  file  in  the  office  of  the 
said  City  Comptroller  a  statement  such  as  is  required  by  sec 
tion  2T.  chapter  4.  of  the  Charter  of  the  City  of  St.  Paul,  and 
said  grantee  shall  likewise  and  on  or  before  the  first  Monday 
of  March  of  each  and  every  year,  pay  into  the  city  treasury  a 
license  fee  in  a  sum  equal  to  five  per  cent  of  the  gross  earnings 
derived  or  accruing  from  the  exercise  and  enjoyment  of  the 
privilege  hereby  granted. 

1518.  Sec.  6.  The  grantee  herein  shall  execute  and  de- 
liver to  the  City  of  St.  Paul  a  good  and  sufficient  b.ond  in  the 
sum  of  five  thousand  dollars  ($5,000).  in  such  form  and  with 
such  sureties  as  shall  be  approved  by  the  Corporation  Attor- 
ney of  said  city,  conditioned  for  the  faithful  performance  by 
said  grantee  of  all  the  obligations  and  conditions  hereby  im- 

•1.     This  bond  shall  be  executed  and  delivered  before  any 
"l"  the  privileges  hereby  conferred  arc  exercised  by  the  grai 
herein. 

1519.  Sec.    7.      In    the   evenl    that    the    grantee    herein    shall 

fail  at  any  time  to  comply  with  any  of  the  terms,  provisions, 
conditions  or  limitation-  herein  contained,  the  privilege  hereby 
granted  shall  forthwith  terminate  and  become  forfeited  to  the 
City  of  St.   Paul,  and  said  cit)    shall  have  the  righl 
such  tunnel  or  make  Mich  public  use  thereof  .is  the  public  in 
i.  resl  -  may  require. 

1520.  See.  s.     Within   thirty  days  at'ter  the  passage,  :q> 
proval  and  publication  of  this  ordinance,  the  grante<    herein 

shall   hie   with   the   City   Clerk   his   written   acceptance   thereof. 


550 

ich  Form  as  shall  be  approved  by  the  Corporation  Attor- 
ney, ami  within  the  same  period  the  said  grantee  shall  file, 
in  the  office  of  the  City  Comptroller,  a  certified  copy  of  such 
acceptance,  together  with  the  bond  herein  provided  for. 

Sec.  9.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval,  publication  and  accept- 
ance as  hereinbefore  provided. 

F.  A.  MARON. 

Ordinance  No.  2400. 

«  Approved  September  21,  1903.) 

1521.  An  Ordinance  granting  F.  A.  Maron  the  right  to  lay 

steam  pipes  under  Seventh  street,  between  Wash- 
ington street  and  Sixth  street,  in  the  City  of  St. 
Paul. 

The   Common   Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  Privilege  is  hereby  granted  to  F.  A.  Maron  the 
right  to  lay,  and  for  the  period  of  twenty-five  years  after  the 
passage  and  acceptance  of  this  ordinance  to  maintain,  two 
vitrified  pipes  not  exceeding  12  inches  in  diameter,  at  such 
point  and  in  such  manner  as  shall  be  prescribed  by  the  Com- 
missioner  of  Public  Works,  extending  from  lot  7,  block  10, 
Bazille  &  Guerin's  Addition  to  lot  12,  block  2,  Rice  &  Ir- 
vine's Addition,  and  to  place  in  said  pipes  the  necessary  pipes 
for  conducting  steam,  as  may  be  approved  by  the  Commis- 
sioner of  Public  Works,  and  at-  such  place  as  he  may  direct, 
extending  from  lot  T.  block  1<».  Bazille, &  Guerin's  Addition  to 
lot  12,  block  2,  Rice  &  Irvine's  Addition,  and  to  lay  in  said 
tunnel  the  necessary  pipes  for  conducting  heat. 

1522.  Sec.  2.  The  privilege  hereby  conferred  is  granted 
upon  the  condition  that  the  grantee  herein  shall  assume  all 
liability  that  may  arise  out  of  or  be  caused  by  the  exercise  of 
the  privilege  so  granted,  and  shall  at  all  times  save  the  City 
•■:  St.  Paul  harmless  from  any  and  all  damages,  costs  and  ex- 
penses growing  out  of,  or  arising  from,  the  construction  and 
maintenance  of  said  tunnel,  and  the  pipes  and  wires  authorized 
to  be  laid  therein. 


551 

1523.  Sec.  3.  The  privilege  hereby  conferred  shall  not  at 
any  time  be  sold,  transferred  or  assigned  to  any  other  person, 
firm  or  corporation,  without  the  consent  oi  the  City  of  St. 
Paul,  and  shall  be  held  and  exercised  for  the  purpose  of  sup- 
plying heat  to  the  buildings  on  lot  12,  block  2,  Rice  &  Irvine's 
Addition,  and  shall  not  be  used  or  employed  for  any  other 
purpi  >se  whatsoever. 

1524.  Sec.  4.  The  grantee  herein  shall  not  furnish  heat  to 
the  said  building,  except  under  written  contract  with  the  own- 
er or  tenants  thereof,  and  such  contract  shall  provide  for  a 
fixed  and  established  charge,  which  shall  at  no  time  be  le>- 
than  the  actual  cost  of  supplying  said  heat,  and  said  grantee 
shall  keep  an  accurate  set  of  books  of  account,  which  shall  at 
all  times  truthfully  set  forth  and  disclose  both  the  cost  of  sup- 
plying heat  and  the  amount  charged  or  received  therefor,  and 
said  bonks  of  account  shall  at  all  times  be  open  to  the  exami- 
nation and  inspection  of  the  City  Comptroller  of  the  City  of 
St.  Paul.  Said  grantee  shall  annually,  on  or  before  the  first 
Monday  in  February  of  each  and  every  year,  tile  in  the  office 

lid  City  C'om])t roller  a  statement  such  as  is  required  by 
section  27,  chapter  I,  of  the  Charter  of  the  City  of  St.  raid. 
and  said  grantee  shall  likewise,  and  on  or  before  the  first  Mon- 
day of  March  of  each  and  every  year,  pay  into  the  citj  treas 
ury  a  license  fee  in  a  sum  equal  to  five  per  cent  of  the  gross 
earnings  derived  or  accruing  from  the  exercise  and  enjoyment 

of  the  privilege  hereby   granted. 

1525.  Sic  5.  The  grantee  herein  shall  execute  and  deliver 
to  the  City  of  St.  Paul  a  good  ami  sufficient  bond  in  the  sum 
of  five  thousand  dollars   ($5,000),   in  such   form  and    with   such 

sureties  ;(s  shall  be  approved  bv  the  Corporation  ^ttornej  ol 
said   city,   conditioned    for   the   faithful    performance   l»\    -aid 

grantee  of  all    the  obligations  and  conditions  hereb\    imposed 

This  bond  -hall  be  executed  and  delivered  before  anj  of  the 
privileg<      hereby    conferred    are    exercised    l»\     the    gr< 

herein. 

1526.  Sec.  6.  In  the  event  that  the  grantee  herein  -hall 
fail  at  any  time  to  comply  with  any  oi  the  terms,  provisions, 
conditions  , ,r  limitations  herein  contained,  the  privilege  hereb) 


552 

granted  shall  forthwith  terminate  and  become  forfeited  to  the 
City  of  St.  Paul,  and  said  city  shall  have  the  right  to  close 
such  tunnel  or  make  such  public  use  thereof  as  the  public 
interest   may  require. 

1527.  Sec.  7.  Within  thirty  days  after  the  passage,  ap- 
proval  and   publication  of  this  ordinance   the   grantee   herein 

•shall  file  with  the  City  Clerk  his  written  acceptance  thereof, 
ich  form  as  shall  be  approved  by  the  Corporation  Attor- 
ney, and  within  the  same  period,  the  said  grantee  shall  file  in 
the  office  of  the  City  Comptroller,  a  certified  copy  of  such  ac- 
ceptance, together  with  the  bond  herein  provided  for. 

Sec.  8.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval,  publication  and  accept- 
ance, as  hereinbefore  provided. 

MIDWAY  ELECTRIC  LIGHT  COMPANY. 

Ordinance  No.  1717. 

(Approved  November  25,  1893.) 

1528.  An    Ordinance   granting  permission   to   the   Midway 

Electric  Light  Company  (a  corporation)  to  erect 
poles  and  string  its  wires  upon  streets  in  that  part 
of  the  City  of  St.  Paul  lying  west  of  Lexington  ave- 
nue, for  the  purpose  of  furnishing  electric  light  and 
power. 
The  Common*  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  Thaf  the  Midway  Electric  Light  Company  is 
hereby  granted  permission  to  erect  poles  to  string  wires  there- 
on for  electric  lighting,  and  the  furnishing  of  power  along 
and  upon  public  streets  and  alleys  in  that  part  of  the  city 
west  of  Chatsworth  street,  St.  Paul,  Minnesota,  upon  the 
term-  and  conditions  herein  stated,  under  the  supervision  and 
subject  to  the  inspection  and  control  of  the  city  engineer,  and 
upon  and  under  the  following  conditions  and  instructions,  to- 
wit: 

Such  poles  shall  be  thirty-five  (35)  feet  in  height  above 
the  ground,  and  shall  not  be  less  than  fourteen  (14)  inches  in 


diameter  at  the  bottom  and  six  (6)  inches  at  the  top,  and  shall 
be  placed  at  such  depth  in  the  ground  as  the  city  engineer 
may  direct,  to  secure  their  safety;  they  shall  be  planed  and 
shall  be  painted  a  dark  color  for  the  distance  of  six  (6)  feet 
from  the  ground,  and  from  that  point  to  the  top  they  shall  be 
painted  white ;  they  shall  be  set  at  such  distances  apart  from 
each  other  and  at  such  places  in  the  street  as  may  be  designat- 
ed by  the  city  engineer. 

And  in  case  any  other  corporation,  companies,  person  or 
persons  are  now,  or  shall  be  at  any  time  hereafter,  permitted 
by  the  common  council  of  said  city  to  erect  poles  and  string 
its  wires  for  the  purpose  of  electric  lighting  ajid  furnishing 
power  in  said  city,  or  to  have  the  use  of  streets  or  alleys  of 
said  city  for  the  purpose  of  electric  lighting  and  furnishing 
power,  and  such  corporation  or  corporations,  company  or  com- 
panies, person  or  persons,  shall  desire  to  use  the  poles  so 
erected  by  said  Midway  Electric  Light  Company  for  the  pur- 
pose of  supporting  wires  for  such  purpose,  such  corporations, 
companies,  person  or  persons,  shall  be  entitled  to  do  so  upon 
the  paying  to  said  Midway  Electric  Light  Company,  or  it-  suc- 

>rs,  the  proportionate  share  of  all  costs  to  procure  and 
erect  such  poles,  to  be  determined  as  follows: 

Upon  the  erection  of  poles  upon  any  of  said  streets  or 
alley-,  said  Midway  Electric  Light  Company  shall  immediate- 
ly report  to  the  city  engineer  the  actual  cosl  of  such  poles 
and  the  erection  thereof,  and  said  city  engineer  shall  ascertain 
and  determine  the  actual  cost  of  said  poles  and  the  erection 
thereof,  and  certify  the  amounl  which  he  shall  find  to  be 

and  keep  a  record  thereof  in  his  office  for  public  inspec- 
ts in. 

Upon  the  firsl  application,  as  aforesaid,  to  use  the  poles 
erected,  the  applicant   shall  pay  the   Midwa)    Electric   Lfghl 
Compan)   one  half  <  '  •'   of  said  actual  cost   of  said  poll 
determined  by  said  city  engineer,  and  in  case  of  a  second  ap 
plication  the  applicant  shall  paj  one  third  i  I  3)  of  such 
the  same  to  be  divided  equally  between  the  Midway  Ele< 

L/ighl    Compan)    and    the   firsl    applicant,   and  ire   appli- 

cants shall   pay  their   proportionate   -liar,    .,i      ,nd   COStS   in   like 

manner,  and  the  same  to  be  divided  proportionately  in  like 


manner  as  above,  and  all  applicants  so  paying  their  propor- 
tionate share  of  said  costs  shall  become  and  be  by  common 
consent  joint  owners  with  the  said  Midway  Electric  Light 
Company  of  said  poles,  and  shall  be  entitled  to  use  them  for 
the  purpose  of  electric  lighting.  And  it  is  conditioned  that  if 
any  other  corporation,  company  or  person,  shall  procure,  or 
has  procured,  like  permission  from  said  common  council  to 
erect  poles  in  said  streets  or  alleys,  or  any  one  of  them,  and 
shall  have  actually  erected  its  poles  on  such  street  or  streets, 
or  alleys,  then  the  permission  hereby  granted  is  withdrawn  as 
to  such  streets  and  alleys,  and  said  Midway  Electric  Light 
Company  shall  be  restricted  to  using  such  poles  already  erect- 
ed, or  as  may  be  erected  before  the  Midway  Electric  Light 
Company  shall  have  erected  its  poles  thereon,  under  like  con- 
ditions as  herein  stated. 

1529.  Sec.  2.  The  said  Midway  Electric  Light  Company 
shall  at  all  times  obey  such  further  and  additional  require- 
ments as  the  common  council  of  said  city  shall  impose  in  the 
premises,  and  shall,  when  so  required,  remove  any  or  all  of 
said  poles  or  wires  from  off  the  streets  or  alleys  on  which 
same  is  erected  at  its  own  cost  and  expense,  when  so  required 
by  -aid  common  council;  and  also,  if  so  required,  place  any  or 
all  of  said  wires  under  ground,  and  remove  the  poles  at  its 
own  expense.  And  the  common  council  reserves  the  power 
to  at  any  time  amend  or  repeal  this  ordinance,  and  nothing 
herein  contained  shall  be  deemed  to  grant  any  exclusive  right 
to  use  the  said  streets  for  the  purpose  herein  contained. 

1530.  Sec.  :!.  The  said  Midway  Electric  Light  Company 
hereby  assumes  all  liabilities  that  may  be  caused  by  the  erec- 
tion of  such  poles  and  stringing  of  wires  thereon,  and  shall  at 
all  times  save  the  City  of  St.  Paul  harmless  therefrom,  and 
from  all  damages  arising  out  of  the  use  or  exercise  of  any 
privileges  hereby  granted  as  to  erection  of  poles  and  the  main- 
tenance of  wires  along  and  upon  any  of  said  streets,  or  alleys, 
and  shall  execute  and  deliver  to  said  city  a  bond,  with  such 
conditions  as  shall  be  approved  by  the  corporation  attorney, 
in  the  penal  sum  of  five  thousand  dollars  ($5,000),  saving  said 
bond  to  be  approved  by  the  corporation  attorney,  and  the  vio- 


lation  of  the  provisions  of  this  ordinance  shall  render  this  ordi- 
nance null  and  void  at  the  election  of  said  comnlon  council. 

Sec.  1.  Said  Midway  Electric  Light  Company  shall, 
within  thirty  (30)  days  after  the  passage  and  approval  of  this 
ordinance,  execute  and  file  with  the  city  clerk  a  bond  and  a 
written  acceptance  of  all  provisions  of  this  ordinance,  in  Form 
to  be  approved  by  the  corporation  attorney,  otherwise  this 
ordinance  shall  have  ho  force  or  effect. 

1531.  Sec.  ■").  All  rights  granted  under  this  ordinance  shall 
cease  and  determine  unless  at  least  one  mile  of  electric  wiring 
for  the.  purposes  of  the  franchise  hereinbefore  granted  shall 
be  laid  and  in  operation  on  or  before  Jul}-  1.  L894. 

1532.  Sec.  6.  That  the  Midway  Electric  Light  Company 
shall  deposit  with  the  city  clerk  of  the  City  of  St.  Paul  a  cer- 
tified check  on  one  of  the  banks  of  the  City  of  St.  Paul  for  the 
sum  of  two  hundred  dollars  ($200),  payable  to  the  city  clerk 
of  St.  Paul,  which  shall  be  retained  in  the  office  of  the  city 
clerk  until  the  1st  day  of  July,  A.  1 ).  L894,  at  which  time  said 
Midway  Electric  Light  Company  shall  have  complied  with 
all  the  provisions  of  this  ordinance  to  be  performed  prior  to 
said  July  1.  1894,  and  particularly  the  requirements  in  section 
five  (5)  hereof  that  at  least  one  i  1  )  mile  of  said  electric  wiring 
shall  be  laid  and  in  operation  by  or  before  July  I.  L894,  then 
.-aid  check  shall  be  returned  to  said  Midwa\  Electric  Lighl 
Company,  or  it"  said  company  shall  have  complied  with  all  the 
term-  ol  this  ordinance-  to  be  performed  prior  to  the  first  day 
of  July,  \.  1'.  L894,  and  the  city  engineer  •-hall  so  oertify,  then 
said  check  -hall,  upon  the  •-aid  engineer  certifying  a-  aforesaid, 
be  returned  to  said  company.      In  case  -aid  companj    -hall  not 

complied   with   all   the   term-  of  this  ordinance  to  he   per 
formed  prior  to  Jul)   I.  1894,  then  and  thereupon  the  city  clerk 
shall  draw  the  monej  called  for  l>\   -aid  check,  and  return  the 
same  into  the  office  of  the  cit)   treasurer,  and  the   same  -hall 
thereupon  become  the  propert)  of  the  city. 

;.      Tin-   ordinance    -hall    take   effeel    and    be    in    force 

from  and  after  its  p  and  publication,  and  the  filii 

the  bond  and  acceptance  hereinbefore  provided,  and  the  de- 
positing with  the  citj  clerk  the  certified  check  provided  in 
set  t i< 'ii  six  (6  i  of  tin-  ordinal 

(Repealed  b)   resolution  of  council,  Ma\   89,  1900.) 


556 

MILTON  DAIRY  COMPANY. 

Ordinance  No.  2224. 
(Approved  November  11,  1901.) 

1533.  An    Ordinance    granting    permission  to  the   Milton 

Dairy  company  to  construct  an  ice  house  upon  a 
part  of  lot  ten,  block  forty-five  of  Rice  and  Irvine's 
addition  to  St.  Paul. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as- 
follows  : 

Sec.  1.  That  permission  be,  and  the  same  is  hereby 
granted  to  the  .Milton  Dairy  company  to  construct  an  ice 
house  sixty  (60)  feet  by  eighty  (80)  feet  upon  the  southerly 
half  of  lot  ten  (10),  block  forty-five  (45),  of  Rice  &  Irvine's 
addition  to  the  City  of  St.  Paul ;  said  ice  house  to  be  con- 
structed of  wood,  with  sheet  iron  covering. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

THOMAS  MILTON. 
Ordinance  No.  2240. 

I  Approved  Jan.  8,  1902.) 

1534.  An   Ordinance  granting  Thomas  Milton  permission 

to  construct  a  barn  and  ice  house  upon  lots  four,, 
five  and  fifteen  in  block  thirty-three  of  Rice  &  Ir- 
vine's Addition  to  St.  Paul. 
The   Common  Council  of  the  City  of  St.  Paul   do  ordain  as 
follows : 

Sec.  1.  That  permission  be,  and  the  same  is  hereby  grant- 
ed to  Thomas  Milton  to  construct  a  barn  and  ice  house  sixty 
(60)  feet  by  forty-five  (45)  feet,  twenty-eight  (28)  feet  by 
sixty-six  (66)  feet  and  twenty-eight  (28)  feet  by  forty-six  (46) 
feet,  in  its  three  wings,  upon  block  thirty-three  (33)  of  Rice 
and  Irvine's  Addition  to  the  City  of  St.  Paul;  said  barn  and 
ice  house  to  be  constructed  of  wood. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 


NATIONAL  GERMAN-AMERICAN  BANK. 
(Resolution  of  council  approved — see  below.) 

1535.  Resolved,  That  permission  be  and  is  hereby  granted 
to  the  National  German-American  Bank  to  erect  and  con- 
struct a  glass  and  iron  canopy  or  porch  upon  its  building  at 
the  northwest  corner  of  Robert  and  Fourth  streets,  the  same 
to  be  attached  to  the  building  above  the  first  Story  windows, 
•extending  over  the  sidewalk,  supported  by  iron  posts,  and 
canopy  or  porch  to  extend  thirty  feet  on  Robert  street  north 
from  the  intersection  of  Robert  and  Fourth  streets,  and  forty 
feet  on  Fourth  street  west  from  the  intersection  of  Robert  and 
Fourth  streets,  said  work  to  be  done  under  *the  supervision  of 
the  Commissioner  of  Public  Works  and  upon  the  said  Bank 
furnishing  to  the  City  of  St.  Paul  a  good  and  sufficient  bond 
in  the  sum  of  Five  Thousand  Dollars  ($5,000.00)  to  indemnify 
the  City  against  any  liability  that  may  be  incurred  by  reason 
of  said  structure;  said  bond  to  be  approved  by  the  Mayor  and 
Corporation  Attorney,  and  said  structure  to  be  removed  when- 
ever the  Common  Council  shall  by  resolution  so  direct. 

(Adopted  by  the  Assembly  July  10,  1900,  the  veto  of  the 
Mayor  to  the  contrary  notwithstanding.) 

NATIONAL  SUBWAY  COMPANY. 

Ordinance  No.  967. 

(Approved  June  SO,   L888.) 

1536.  An   Ordinance   granting    to     the     National    Subway 

company  permission  to  lay  electrical  subways  in  the 
streets  and  alleys  of  the  City  of  St.  Paul. 
Tin-  Common  Council  of  the  Cit}   of  St.   Paul  do  ordain  as 

f(  fllowS  : 

I.  Thai  consent,  permission  and  authorit}  arc  here- 
by given,  granted  and  duly  vested  in  the  National  Subway 
Company,  their  sua  ■  ind  assigns,  to  construct,  maintain, 

repair  and  operate  conduits  or  subways,  pipes,  mains,  con 
ductors,  manholes,  and  service  pipes  in   the  streets,  avenues 
and  alley,  throughoul  all  of  the  territor)  lying  easl  and  south 
of  Pleasanl  avenue  and  easl  of  Wes1  Third  street  and  south 


558 

of  Summit  avenue,  between  Third  and  Rice  streets,  and  all 
cast  of  Rice  street,  in  said  city,  for  and  daring  the  term  of 
twenty  (20)  years  from  the  date  of  the  passage  of  this  ordin- 
ance, for  the  purpose  of  distributing  and  maintaining  a  line  or 
lines  of  electrical  and  other  wires,  together  with  all  necessary 
feeders  and  service  wire,  or  other  electrical  conductors,  to  he 
used  and  to  rent  to  others  to  use,  for  the  transmission  of  elec- 
tricity for  any  and  all  purposes.  But  nothing  in  this  ordin- 
ance shall  he  construed  as  granting  any  exclusive  privileges 
or  in  any  way  preventing  the  common  council  from  granting 
like  privileges  to  those  herein  granted  to  others  in  any  street. 

1537.  Sec.  2.  The  main  conduits  or  subways  herein  au- 
thorized shall  he  laid  in  streets  and  avenues  in  a  line  parallel 
with  the  curh  line  thereof  and  at  such  distance  from  the  curb- 
stone as  shall  not  interfere  with  water,  gas  and  sewer  pipes 
already  in  said  streets  and  avenues;  and  all  such  sub-conduits 
or  subways  shall  be  constructed  under  the  supervision  of  the 
city  engineer  of  the  City  of  St.  Paul,  or  such  other  officer  as 
may  be  designated  by  ordinance  for  that  purpose,  and  all 
plans  and  details  of  such  conduits  or  subways  in  any  street  in 
the  City  of  St.  Paul  shall  be  submitted  and  approved  by  such 
officer  before  any  such  conduit  or  subway  shall  be  laid. 

1538.  Sec.  3.  At  least  twenty-four  (24)  hours  before  open- 
ing any  street,  avenue  or  alley,  or  other  public  place,  the  gran- 
tees herein,  their  successors  and  assigns,  shall  notify  the  prop- 
er officer  of  said  city  in  writing  of  such  intention,  stating  the 
place  where  and  the  objects  for  which  such  opening  is  to  be 
made,  and  in  the  opening  and  refilling  of  all  the  openings  made 
as  aforesaid,  the  relaying  of  pavements,  and  all  other  work 
necessary  to  complete  the  restoration  of  the  streets,  pave- 
ments, sidewalks  or  grounds  to  any  equally  good  condition  as 
when  disturbed.  The  said  grantees  herein,  their  successors 
and  assigns  or  their  contractor,  servants  or  employes  shall  be 
under  the  supervision  of  the  city  engineer  of  the  City  of  St. 
Paul,  or  such  other  officer  as  may  be  designated  for  that  pur- 
pose, and  shall  promptly  comply  with  any  order  in  reference 
thereto,  and  all  of  said  work  shall  be  done  at  the  cost  of  the 
said  grantees.     Nor  shall  any  street,  avenue  or  alley  or  public 


559 

place  be  allowed  to  remain  open  or  encumbered  for  a  longer 
period  than  shall  be  necessary  to  execute  the  work  for  which 
the  same  has  been  opened  ;  and  in  all  cases  where  the  work 
requires  the  exercise  of  skill,  as  in  the  laying  or  relaying  of 

pavements  or  sidewalks  the  said  grantees  herein,  their  suc- 
cessors and  assigns,  shall  employ  none  but  skilled  workmen, 
familiar  with  the  execution  of  such  work. 

1539.  Sec.  4.  The  grantees  herein,  their  successors  and 
assigns,  shall  rent  or  permit  to  any  person  or  corporation  to 
use  said  system  of  underground  conduits  or  subways  upon 
such  terms  as  may  be  agreed  upon  by  the  respective  parties, 
and  in  case  they  cannot  agree,  such  terms  shall  be  fixed  by 
arbitration  of  three  (3)  persons,  one  person  to  be  chosen  by 
the  grantees  herein,  their  successors  and  assigns,  one  person 
to  be  chosen  by  the  person  or  corporation  seeking  to  use  or 
occupy  said  conduits  or  subways,  and  a  third  arbitrator  by 
the  persons  thus  chosen;  and  the  rates  and  conditions  SO 
agreed  upon  by  said  arbitrators,  or  a  majority  <>\  same,  shall 
bind  and  govern  the  use  of  said  subways  or  conduits  by  such 
person  or  corporation. 

1540.  Sec.  5.     The  grantees  herein,  their  successors  or  as- 
signs,  -hall   commence   tin'   construction   of   Mich    conduits   or 
subways   within    six    (6)    months    from    the    acceptance   of     this 
ordinance,    and    shall    complete    the    construction    of    two 
miles  .,f  such  subways  within  one  (  1  i  year  from  such  accepl 
ance,  and  be  prepared  to  receive  and  conve)  all  of  the  electric 
wires  through  said  subways  or  conduits  for  the  iw  of  all  per 
-oils,  companies  or  corporations  desiring  to  use  the  same,  oi 

this  franchise   shall   be  null  and    void;  and   said   grantees     'heir 

successors    and    assigns,    when    so   ordered    b)    the    common 

ncil  of  the  Cit)   of  St.  Paul  by  a  two-thirds  (2-3)  vote  of 

Said  Council,  -hall  construd   not    less  than  one   i  I  i    mile  ol   -nil 

way  in  any  streel  or  streets  that  may  be  designated  b)  said 
council  within  six  (6)  months  from  the  making  of  said  order, 
or  this  franchise  shall  be  null  and  void, 

1541.  Sec,  6.  That  before  the  construction  of  said  con 
duits  and  subways  the  grantei  herein,  their  successors,  oi 
assigns,  shall  <  cecute  to  the  Cit)  of  St.  Paul  a  bond  in  tin   sum 


560 

of  twenty  thousand  dollars  ($20,000),  conditioned  that  said 
grantees,  their  successors  and  assigns,  shall  indemnify  and 
save  the  City  of  St.  Paul  harmless  from  all  actions  for 
damages  by  reason  of  negligence  or  carelessness  of  said  gran- 
tees, their  successors  or  assigns  or  their  contractors,  ser- 
vants or  employes,  in  the  construction  or  operation  of 
such  conduits  or  subways.  Said  bond  shall  be  signed  by 
two  (2)  or  more  good  and  sufficient  securities,  to  be  ap- 
proved by  the  city  comptroller;  and  should  the  common 
council  of  the  City  of  St.  Paul,  by  resolution,  deem  the 
sureties  on  said  bond  insufficient  at  any  time  during  the 
continuance  of  this  franchise,  the  grantees  herein,  their 
successors  or  assigns  shall,  within  thirty  (30)  days  after  no- 
tice of  said  resolution  has  been  served  upon  the  proper  officer 
or  person  in  charge  of  the  construction  or  operation  of  said 
conduits  or  subways,  file  a  new  bond  with  good  and  sufficient 
securities  as  above  provided. 

1542.  Sec.  7.  Nothing  in  this  ordinance  shall  be  so  con- 
strued as  to  absolve  said  grantees,  their  successors,  or  assigns, 
from  any  legal  liability  or  proceedings  to  restrain  or  abate  any 
nuisance  arising  from  the  construction  or  operation  of  said 
conduits  or  subways,  nor  from  any  liability  from  injury  to 
persons  or  property  resulting  from  the  negligence  of  the  gran- 
tees herein,  their  successors  or  assigns,  or  their  contractors, 
servants,  or  employes,  in  constructing  or  operating  said  sub- 
ways and  conduits,  nor  to  render  the  City  of  St.  Paul  liable  to 
any  person  or  corporation  for  damage  caused  by  the  construc- 
tion or  operation  of  said  conduits  or  subways  by  the  grantees 
herein,  their  successors,  or  assigns;  and  said  grantees,  their 
successors  or  assigns,  shall  protect  and  save  the  City  of  St. 
Paul  harmless  from  any  suit  or  claim  for  injuries  or  damages 
arising  from  their  negligence,  or  that  of  their  contractors,  or 
servants  or  employes,  in  the  construction  or  operation  of  said 
conduits  or  subways. 

1543.  Sec.  8.  The  grantees  herein,  their  successors  and 
assigns,  shall  at  all  times  be  subject  to  and  comply  with  all  the 
ordinances  of  the  City  of  St.  Paul  now  in  force  or  that  may  be 
hereafter  passed  governing  the  use  of  and  occupancy  of  the 


561 

streets  of  said  city,  subject  only  to  the  limitations  herein  pro- 
vided, and  shall  comply  with  all  the  police  regulations  now  in 
or  hereafter  enacted ;  and  should  said  grantees,  their  succes- 
sors and  assigns,  at  any  time  fail  or  refuse  to  obey  and  com- 
ply with  any  of  the  provisions  herein  contained  or  hereafter 
enacted,  subject  to  the  limitations  above,  then  said  grantees, 
their  successors  and  assigns,  shall  forfeit  all  rights,  powers 
and  privileges  by  this  ordinance  granted  and  conferred,  and 
this  franchise  shall  be  null  and  void. 

1544.  Sec.  9.  In  consideration  of  the  privileges  heroin 
granted  the  grantees  herein,  their  successors  and  assigns,  shall 
without  cost  to  the  City  of  St.  Paul  provide  space,  draw  in, 
and  maintain  and  furnish  all  wires,  conductors  and  conduits 
used  in  said  system  by  the  City  of  St.  Paul  for  telegraph,  tele- 
phone or  fire  alarm  purposes. 

1545.  Sec.  10.  The  said  grantees,  their  successors  and  as- 
signs, shall,  within  thirty  (30)  days  from  the  passage  and  ap- 
proval of  this  ordinance,  file  with  the  city  clerk  an  acceptance 
in  writing  of  the  terms  and  conditions  herein,  which  written 
acceptance  shall  be  in  such  form  as  may  be  satisfactory  to  the 
city  attorney,  who  shall  endorse  thereon  their  approval  of  the 
form  thereof;  and  this  ordinance  shall  have  no  effect  until 
such  acceptance  be  filed  with  the  city  clerk  as  aforesaid. 

1546.  An  ordinance  and  parts  of  ordinances  in  conflict  with 

this  ordinance  are  hereby  repealed. 

NATIONAL  SUBWAY  COMPANY. 

Ordinance  No.  . 

i  Approved  July  ll.  L896.) 

1547.  Resolution  forfeiting  franchise  of  the  National  Sub- 

way Company. 
Whereas,  The  Common  Council  of  the  Cit)   of  St.  Paul 
did,  by  Ordinance   No.  967,  granl   to  the   National  Subway 
Company  permission  to  lay  electrical  subways  in  thi 
and  alleys  of  the  City  of  St.  Paul,  and  by  the  terms  of  sei 
five  of  said  ordinance  it  was  declared  thai  unless  said  National 
Subway  Company,  its  successors  or  assigns,  should  complete 


563 

the  construction  of  two  miles  of  such  subways  within  one 
year  from  its  acceptance  of  said  ordinance,  and  be  prepared  to 
receive  and  convey  all  of  the  electric  wires  through  said  sub- 
ways or  conduits  for  the  use  of  all  persons  or  companies  or 
corporations  desiring  to  use  the  same,  the  franchise  created 
!  \  said  ordinance  should  be  null  and  void,  and  whereas,  said 
National  Subway  Company  has  not  complied  with  the  terms 
and  conditions  of  said  ordinance; 

Now,  therefore,  be  it  resolved  by  the  Common  Council  of 
the  City  of  St.  Paul,  That  the  franchise  of  said  National  Sub- 
way Company  be  declared  null  and  void. 

NELS  J.  NESS. 
Ordinance  No.  2421. 

i  Approved  January  11,  1904.) 

1548.         An  Ordinance  granting  permission  to  Nels  J.   Ness 
to  construct  a  spur  track  to  and  upon  block  "D"  of 
Banning  &  Olivier's  Addition  to  St.  Paul. 
The  Common   Council  of  the  City  of  St.   Paul  do  ordain  as 
follows : 

Sec.  1.  That  permission  and  authority  is  hereby  given  to 
Xels  J.  Xess  to  construct  and  maintain  a  spur  railroad  track 
extending  from  the  railroad  tracks  of  the  Chicago,  St.  Paul, 
Minneapolis  &  Omaha  Railway  Company  upon  the  levee 
northerly  of  block  "D"  in  Banning  &  Olivier's  Addition  to  St. 
Paul,  to  and  upon  said  block  "D"  as  shown  by  the  red  lines 
upon  the  accompanying  plat  marked  "Proposed  spur,  Xels  J. 
Xess  quarry,"  provided  said  side  tracks  shall  be  so  constructed 
across  the  street  or  levee  between  said  block  "D"  and  the  rail- 
road tracks  of  said  Railroad  Company  as  not  to  interfere  with 
public  travel  thereon,  and  the  same  shall  be  constructed  un- 
der the  direction  and  supervision  and  to  the  satisfaction  of  the 
Commissioner  of  Public  Works,  and  shall  whenever  ordered 
by  the  Commissioner  of  Public  Works,  be  properly  planked 
and  guarded  at  such  crossing ;  provided,  however,  that  said 
track  shall  be  taken  up  and  removed  from  said  street  within 
thirty  (30)  days  after  removal  thereof  shall  at  any  time  be 
ordered  by  the  Common  Council. 


563 

1549.  Sec.  2.  The  foregoing  permission  and  authority  are 
granted  upon  the  express  condition  that  said  grantee  shall  in- 
demnity and  save  said  city  harmless  from  any  and  all  dam- 
ages, claims  and  expenses  of  whatsoever  nature,  arising  out 
of  the  construction,  maintenance,  operation  or  removal  of  said 
tracks  and  upon  the  further  express  condition  that  said  Ness 
shall  cause  to  he  executed  and  delivered  to  said  city  a  deed  of 
the  owner  of  said  block  "D"  conveying  to  said  city  title  to  the 
strip  of  ground  now  used  and  occupied  as  a  street  to  the 
northerly  of  said  hlock  "D"  and  indicated  and  marked  upon 
said  plat  as  "Public  Levee." 

Sec.  '">.     This  ordinance,  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

NORTHERN   LINSEED   OIL   COMPANY. 

Ordinance  No.  2335. 
i  Approved   December  6,  1902.) 

1550.  An  Ordinance  granting  permission  to  the  Northern 

Linseed  Oil  Company  to  construct  a  spur  track  on 
Wycliff  street,  from  Turner  street  to  Hersey  avenue, 
and  to  cross  said  Hersey  avenue  both  on  the  north 
and  south  side  with  said  spur  track. 
The  Common  Council  of  the  City  of  Si.  Paul  do  ordain  as 
follows  : 

I.  That  authority  and  permission  is  hereby  granted 
to  the  Northern  Unseed  <  >il  Company  to  ereel  and  maintain 
a  railwaj  spur  track  on  Wycliff  streel  from  Turner  streel  to 
Hersey  avenue,  and  to  cross  said  Herse)  avenue  <>n  both  the 
north  and  south  sides  and  to  operate  freighl  cars  on  said  spur 
track-  for  the  purpose  of  receiving  and  discharging  merchan 
disc ;  said  spur  track  to  be  constructed  under  the  supervision 
and  direction  and  to  the  satisfaction  of  the  Commissioner  of 
Public  Works  of  the  Cit)  of  St.  Paul. 

1551.  ■.'  The  Northern  Unseed  Oil  Companj  shall, 
before  proceeding  to  lay  said  spur  track,  furnish  a  bond  to  the 
City  of  St.  Paul,  in  the  sum  of  $5,000,  in  such  form  as  shall  be 
approved  by  the  Corporation  Attorne)  of  said  city,  said  bond 


56  l 

to  indemnify  and  save  harmless  the  City  of  St.  Paul  from  any 
and  all  costs  and  damages  of  every  kind  and  nature  which  may 
arise  from  the  construction  and  operating  of  said  spur  track. 

1552.  Sec.  3.  The  privilege  herein  granted  of  so  con- 
structing and  operating  said  spur  track  may  be  revoked  at  any 
time  by  the  Common  Council  of  the  City  of  St.  Paul  upon 
ninety  (90)  days'  notice  to  said  Northern  Linseed  Oil  Com- 
pany. 

1553.  Sec.  4.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage,  approval  and  publication. 

NOYES  BROTHERS  &  CUTLER. 
Ordinance  No.  2231. 

i  Approved  December  7,  1901.) 

1554.  An  Ordinance  authorizing  Noyes  Brothers  &  Cutler 

to  erect  a  frame  shed  on  part  of  Lot  6,  Block  7, 
Whitney  &  Smith's  Addition  to  the  City  of  St.  Paul. 
The   Common   Council  of  the   City  of  St.   Paul  do  ordain  as 
follows : 

Sec.  1.  That  permission  and  authority  are  hereby  given 
to  Noyes  Brothers  &  Cutler  to  erect  a  frame  shed  upon  part 
or  Lot  G,  Block  7,  Whitney  &  Smith's  Addition  to  the  City  of 
St.  Paul,  such  shed  to  be  approximately  twenty-two  feet  in 
width  and  seventy  feet  in  length  and  to  be  constructed  under 
the  superintendence  of  the  Building  Inspector  of  said  City, 
and  the  said  Building  Inspector  is  hereby  authorized  to  issue 
to  said  Noyes  Brothers  &  Cutler  a  proper  permit  therefor. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


565 

J.  C.  RICHARDSON. 
Ordinance' No.  2266. 

(Approved  March  6,  1902.) 

1555.  An  Ordinance  authorizing  J.  C.  Richardson  to  erect 

a  frame  building,  ten  by  forty  feet,  upon  Lots  1  and 
2,  Block  8,  Bazille  &  Guerin's  Addition  to  the  City 
of  St.  Paul. 

The  Common  Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  permission  and  authority  arc  hereby  grant- 
ed to  J.  C.  Richardson  to  construct  and  erect  upon  the  north 
half  of  the"  south  third,  and  the  south  twenty-five  (25)  feet  of 
the  north  one  hundred  (100)  feet  of  Lots  1  and  2,  Block  S, 
Bazille  &  Guerin's  Addition  to  the  City  of  St.  Paul,  a  frame 
building  substantially  ten  by  forty  feet,  the  structure  to  be 
covered  with  corrugated  iron,  said  structure  to  be  constructed 
under  the  superintendence  of  the  Building  Inspector  of  the 
City  of  St.  Paul,  and  said  Building  Inspector  is  hereby  au- 
thorized to  issue  to  said  J.  C.  Richardson  a  proper  permit 
t  he  re  for. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

WILLIAM  RHODES  AND  GEORGE  H.  RANNEY. 

Ordinance  No.  1674. 

I  Approved  April  20,  L893. 1 

1556.  An    Ordinance   granting   unto    William    Rhodes   and 

George  H.   Ranney  permission   to  use  a   portion  of 
the  levee  in  the  Sixth  ward  in  the  City  of  St.  Paul. 
The  Common  Council  of  the  Ciu   of  Si.   Paul  'I"  ordaii 
follows : 

Sec.  I.  Thai  permission  and  authorit)  is  hereb}  given 
and  granted  unto  William  Rhodes  and  G  I    Rannej   to 

use  and  occupy  for  the  full  period  from  the  date  of  the  p 
age  of  this  ordinance  until  July   I,   1916,  for  the  purpose  oi 
manufacturing  iron  and  all  thing  and  incident  to 


566 

the  working  and  manufacturing  of  the  same,  that  portion  of 
the  levee  in  the  Sixth  ward  in  the  City  of  St.  Paul,  described 
as  Follows,  to-wit : 

Lots  three  (3),  four  (4),  and  five  (5),  of  Block  "B,"  Rob- 
ertson's addition  to  West  St.  Paul,  according  to  the  plat  there- 
of duly  recorded.  'Phis  -rant  and  permission  are  made  "by  and 
in  behalf  of  the  City  <>f  St.  Paul  upon  the  express  conditions 
and  terms  hereinafter  set  forth,  to-wit: 

First — The  said  grantees,  above  named,  their  heirs,  exec- 
utors, administrators  or  assigns,  shall  pay  to  the  City  of  St. 
Paul,  as  compensation  and  rental,  for  the  privileges  hereby 
granted,  the  sum  of  one  dollar  ($1)  per  annum,  payable  an- 
nually in  advance,  for  and  during  the  time  hereinabove  speci- 
fied. 

Second — Said  grantees  shall  erect  upon  said  premises  and 
maintain  thereon  certain  brick  veneered  or  stone  buildings,  or 
buildings  made  of  both  brick  and  stone,  of  such  height  that 
two  (2)  or  more  of  the  stories  of  the  main  buildings  so  erected 
shall  be  above  the  grade  of  the  street  upon  which  said  lots 
face,  which  buildings  shall  be  built  under  the  direction  and  ac- 
cording to  the  instructions  of  the  building  inspector  of  said 
city,  upon  obtaining  a  permit  so  to  do,  and  the  payment  of  the 
proper  fees  therefor.  And  said  buildings  shall  be  used  for 
manufacturing  purposes,  as  above  set  forth,  and  in  connection 
therewith ;  provided,  however,  that  the  chimneys  and  smoke- 
stacks, if  any  be  erected,  to  be  used  in  said  business,  shall  ex- 
tend at  least  twenty-five  (25)  feet  above  the  grade  of  the 
street  upon  which  the  said  buildings  front,  and,  provided  that 
the  common  council  of  the  City  of  St.  Paul  may  by  special 
resolution  permit  the  erection  by  said  grantees  of  buildings  of 
a  different  character  and  material  from  those  above  set  forth. 

Third — The  grantees  herein  named,  their  heirs,  executors, 
administrators  or  assigns,  shall  employ  in  said  business  at  all 
times  during  the  term  of  this  franchise  a  monthly  average  per 
year  of  not  less  than  twenty  (20)  men. 

Fourth — The  grantees  herein  named,  their  heirs,  execu- 
tors, administrators  or  assigns,  shall  complete  said  buildings 
and  have  said  business  in  full  operation  within  nine  (9) 
months  from  the  passage  of  this  ordinance,  and  before  the  ex- 


56*3 

piration  of  the  term  of  the  lease  herein  granted  said  buildings 
shall  be  removed  from  said  above-described  premises  by  said 
persons,  and  in  case  of  failure  to  remove  said  buildings  within 
said  time,  the  same,  or  such  part  thereof  as  may  thereafter  re- 
main on  said  premises,  shall  become  the  property  of  said  City 
of  St.  Paul. 

Fifth — Said  grantees  shall  and  will  forever  indemnify  and 
save  harmless  the  City  of  St.  Paul  against  any  and  all  dam- 
age-, judgments,  claims,  costs  and  expenses  "i  same  which 
said  city  may  suffer  or  which  may  be  recovered  or  obtained 
from  or  against  said  city  from  or  by  reason  of.  or  growing  out 
of,  or  resulting  from,  the  passage  of  this  ordinance,  or  the  per- 
formance or  transaction  of  any  matter  or  thing  connected 
therewith,  or  mentioned  therein,  or  with  the  exercise  b)  said 
grantees  of  the  privileges  hereby  granted. 

1557.  Sec.  "i.  No  rights  granted  by  this  ordinance  -hall  be 
transferred  by  the  grantees  herein  named  to  any  corporation, 
company,  person  or  persons  unless  the  consent  of  the  common 
council  of  said  city  shall  be  first  obtained,  except  that  said 
grantee-  herein  named  may  and  are  hereby  given  permission 
to  transfer  said  right-  to  a  corporation  to  be  organized  under 
the  law-  of  this  state,  of  which  said  grantees  -hall  be  stock- 
holders, but  said  corporation  so  formed  shall  make  no  trans 
fer  whatever  of  the  rights  herein  granted,  or  an)  of  then 
cepl  by  the  consent  of  the  common  council  of  the  Cit)  of  St. 
Paul. 

1558.  '■'<.     This  ordinance  -hall   nol    be  considered  or 
trued  as  in  any  manner  guaranteeing  or  warranting  an) 

oi  the  rights  hereby  granted,  nor  the  title  of  an)  of  the  lands 
herein  described. 

1559.  I.     It   said  s,  their  heirs,  executors,  ad 
ministrators  or  assigns  shall   fail   in  an  I    to  comply 
with  the  provisions  of  this  ordinance,  then  all  the  rights  and 
privileges   hereby  granted   shall   immediate!)    be   forfeited   to 
said  City  of  St.  Paul. 

1560.  5.  The  -aid  grantees  shall  file  with  the  cit) 
clerk  of  said  city,  within  thirty  (30)  days  after  the  publication 
of  this  ordinance,  their  written  acceptance  of  the  provisions 


568 

thereof  ami  an  agreement  to  perform  all  the  terms  thereof, 
the  same  to  be  approved  by  the  corporation  attorney. 

Sec.  6.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  the  publication  and  acceptance  thereof  as  pro- 
vided herein. 

ST.  PAUL  GAS  LIGHT  COMPANY. 

Ordinance  No.  2424. 

(Approved  Jan.  21,  i904.) 

1561.  An   Ordinance   granting  to   the   St.   Paul  Gas  Light 

Company  certain  rights,  privileges  and  authority 
to  occupy  and  use  the  streets,  alleys,  lanes,  bridges, 
parks  and  public  grounds  of  the  City  of  St.  Paul 
for  the  purpose  of  supplying  gas  for  all  purposes, 
and  regulating  certain  electric  franchises,  and  for 
the  repeal  of  certain  ordinances  and  resolutions. 
The  Common  Conncil  of  the  City  of  St.  Paul  .do  ordain  as 
follows  : 

1562.  Sec.  1.  That  subject  to  all  the  conditions,  terms, 
limitations,  reservations,  agreements  and  requirements  here- 
inafter contained,  there  is  hereby  granted  to  the  St.  Paul  Gas 
Light  Company,  a  Minnesota  corporation,  hereinafter  called 
the  grantee,  and  to  its  successors  and  assigns,  for  the  period  of 
twenty-five  years  from  Jannary  1,  1007.  as  hereinafter  pro- 
vided, the  right,  privilege  and  authority  to  enter  upon,  use 
and  occupy  the  streets,  lanes,  alleys,  bridges,  parks  and  public 
grounds  of  the  City  of  St.  Paul,  hereinafter  called  the  City, 
including  any  territory  that  may  hereafter  be  added  to  the 
City,  for  the  pnrpose  of  laying,  maintaining,  constructing  and 
operating  pipes,  tunnels  and  conduits,  including  the  use, 
maintenance  and  operation  of  any  such  pipes,  tunnels  and  con- 
duits as  have  been  laid  or  constructed  prior  to  January  1,  1907, 
for  the  purpose  of  supplying  gas  for  all  purposes. 

1563.  Sec.  2.  The  grantee,  in  laying  and  constructing  its 
pipes,  tunnels  and  conduits,  and  any  lamp-posts  erected  by  it, 
shall  lay.  construct,  erect  and  maintain  the  same  so  as  not  to 
be  an  impediment  or  obstruction  to  the  use,  or  an  injury  to 


569 

the  surface  of  such  streets,  alleys,  lanes,  bridges,  parks  or 
public  grounds,  and  shall,  immediately  after  such  laying  and 
construction,  replace  and  restore  with  like  material,  the  pave- 
ment, surface  and  roadway  of  all  streets,  alleys,  lanes,  bridges, 
parks  and  public  grounds  in,  upon  or  under  which  any  work 
is  done,  in  as  good  and  durable  condition  as  they  were  before 
the  doing  of  the  same,  and  the  grantee  shall  pay  to  the  city  all 
damages  sustained  by  any  failure  or  neglect  on  its  part  in  this 
behalf,  and  the  amount  of  such  damages,  from  time  to  time, 
if  any  shall  be  certified  to  by  the  Commissioner  of  Public 
Works  of  said  city,  and  such  certificates  shall  be  prima  facie 
evidence  between  said  grantee  and  the  city,  both  as  to  the 
fact  and  amount  of  such  damages,  and  shall  be  a  charge 
against  the  grantee  and  may  be  deducted  from  any  monej  S 
due  it  for  public  service  or  lighting. 

1564.  Sec.  3.  The  location  of  all  such  pipes,  tunnels  and 
conduits,  laid  or  constructed  under  this  ordinance,  in  said 
streets,  alleys,  lanes,  bridges,  parks  and  public  grounds,  shall 
be  subject  to  the  direction  and  approval  of  the  Commissioner 
of  Public  Works,  and  shall  be  laid  or  constructed  only  after 
securing  a  permit  therefor  from  said  Commissioner  in  the 
manner  provided  by  the  general  ordinances  of  said  city,  go^  - 
erning  excavations  in  streets,  and  the  location  thereof  shall 
also  be  governed  by,  and  shall  not  interfere  with,  other  pipes, 
tunnels  or  conduits  already  laid  or  constructed ;  provided,  that 
no  permit  from  said  Commissioner  shall  be  necessary  for  lay- 
ing service  pipes  leading  from  the  streel  mains  to  the  prop 
erty  line. 

1565.  Sec.  I.  That  said  city  shall  have  and  reserve  the 
rlghl  to  require  said  grantee,  at  its  own  cosl  and  expense,  to 
move  or  change  the  location  of  an)  'it"  its  pipes,  tunnel 
conduits,  whether  heretofore  or  hereafter  laid  or  constructed, 
whenever  the  Common  Council  shall  deem  thai  public  inter 
est,  necessit)  or  safet}  requires  such  action,  and  said  grantee 
shall  comply  with  am  order  of  the  Common  Council  in  that 
behalf,  within  such  reasonable  time  as  shall  be  fixed  by  the 
Cot "it  Council,  hnt  if  such  removal  is  neo  ssarj  to  accom- 
modate private  interests,  the  partj  tlm-  benefited  hall  first 
pay  the  grantee  the  actual  i  h<  r<  ■  >f 


570 

1566.  Sec.  5!  That  within  out.'  year  after  the  acceptance  of 
this  ordinance,  said  grantee  shall  prepare  in  convenient  book 
or  atlas  form,  substantially  hound,  and  file  the  same  with  the 
Commissioner  of  Public  Works,  a  profile  showing  all  the  main 
pipes,  tunnels  and  conduits,  then  laid  and  constructed,  with 
their  dimensions  and  locations,  and  the  grantee  shall  keep  the 
same  complete  in  these  respects  as  to  all  extensions  and  new 
construction,  in  the  month  of  January  next  succeeding  the 
year  in  which  such  extensions  and  new  construction  are  made. 

1567.  Sec.  6.  The  said  grantee,  its  successors  and  assigns, 
lierel>\  assume  and  shall  be  liable  for  all  damages,  caused  by 
or  arising  in  any  manner  out  of  the  exercise  of  the  rights, 
privileges  and  authority  by  this  ordinance  granted,  and  shall 
at  all  times  indemnify  and  save  the  city  harmless  from  all 
damage,  judgments,  cost  and  expense  arising  therefrom,  and 
said  grantee,  its  successors  and  assigns,  shall  at  their  own  ex- 
pense, defend  all  suits  and  actions  brought  against  the  city  by 
reason  of  the  passage  of  this  ordinance,  or  any  act  of  omis- 
sion or  commission  thereunder,  upon  being  notified  of  the 
pendency  thereof,  and  the  recovery  of  judgment  in  any  such 
action  for  any  sum  or  amount  as  damages  or  costs  and  dis- 
bursements or  both,  shall  be  conclusive  evidence  of  the  lia- 
bility of  the  grantee  to  reimburse  the  city  therefor,  provided 
that  the  grantee  has  been  given  such  notice  of  the  pendency 

ich  action.  Said  city  reserves  the  right,  in  case  the  Com- 
mon Council  shall  at  any  time  deem  it  necessary,  as  a  con- 
dition to  the  further  exercise  of  any  of  the  rights,  privileges  or 
authority  therein  granted,  to  require  said  grantee,  its  succes- 
-  trs  or  assigns,  to  execute  and  deliver  to  the  city  a  bond  in  the 
penal  .sum  of  not  more  than  fifty  thousand  dollars,  in  form  to 
be  approved  by  the  Corporation  Attorney,  with  such  surety  or 
Mireties  thereon  as  may  be  approved  by  the  Common  Council, 
conditioned  that  said  grantee,  its  successors  and  assigns,  shall 
faithfully  observe  and  fulfill  all  the  terms,  conditions  and  re- 
quirements of  this  ordinance,  and  may  require  the  renewal  of 
-aid  bond  from  time  to  time  with- the  same,  other  or  additional 
sureties. 


571 

1568.  Sec.  7.     The  grantee  in  consideration  of  the  franchise 

and  privileges  thereby  granted  and  conferred,  shall  comply 
with,  and  be  bound  by.  all  the  provisions,  limitations,  obliga- 
tions and  requirements  of  the  charter  of  the  city  relating  to 
the  granting  of  public  franchises,  including  the  riling  of  the  re- 
ports therein  required  and  the  payment  to  the  city,  in  addition 
to  all  general  taxes  assessed  against  it,  of  an  annual  license  Fee 
of  five  per  cent  of  the  gross  earnings  derived  or  accruing  from 
the  exercise  or  enjoyment  of  the  franchise  ami  privileges 
thereby  granted,  and  all  manner  of  bnsiness  transacted  there- 
under, including  the  sale  and  disposal  of  all  residuals,  provided 
this  shall  not  apply  to  earnings  derived  from  the  sale  of  gas 
stoves,  gas  fixtures  and  appliances:  and  from  and  after  Janu- 
ary 1st.  1907,  said  grantee  shall  beheld  and  taken  to  derive 
from  this  ordinance  and  the  present  charter  of  the  city,  its 
sole  and  only  right,  power  or  authority  to  use  or  occup)  an) 
of  the  streets,  lanes,  alleys,  bridges,  park-  or  public  grounds 
of  the  city,  for  the  purpose  of  laying,  constructing,  maintain- 
ing, or  in  any  manner  making  nse  of.  any  pipes,  posts,  conduits 
or  tunnels  for  furnishing  gas  for  any  purpose,  and  none  of 
such  pipes,  tunnels,  conduits  or  posts  shall  be  used  or  appro- 
priated for  any  other  purpose  without  the  consent  of  the  city 
first  had  and  obtained,  and  upon  the  termination  of  the  rights 
and  privileges  herein  and  hereby  granted,  whether  1>\  expira- 
tion of  the  full  term  herein  provided  for,  or  1»\  a  sooner  termi- 
nation thereof  by  forfeiture,  or  from  any  other  cause,  all  right 

and  authority  , ,\  said  grantee  to  use.  occupy  or  enter  upon  any 

oi  the  streets,  lam-,  alleys,  bridges,  parks  or  public-  ground-  of 
tin-  city  for  any  of  tin-  purposes  herein  contemplated,  -hall 
forthwith  cease,  terminate  ami  be  at  an  end. 

1569.  Sec.  8.  In  view  of  the  fad  that  tin-  grantee  is  now 
engaged  in  furnishing  gas  to  the  city  anil  its  inhabitants,  un- 
der a  franchise  granted  1>\  the  legislature  of  the  territorj  of 
Minnesota,  and  the  right  thereunder  \><  (liter  upon,  use  "f 
occupy  any  of  the  streets,  Ian.-,  alley-,  bridges,  public  grounds 
and  parks  of  the  city,  c<  rid  terminate-  .hi  January  I. 
L907,  said  grantee,  on  and  after  the  first  day  of  'he  month 
following  the  pa  if  this  ordinance,  and  a-  an  induce 
menl  i"  the  p             and  enactmenl  th<  i  hall  and  will  fur 


nish  gas  to  the  inhabitants  oi  said  city  at  the  net  price  of  one 
dollar  and  fifteen  cents  per  thousand  cubic  feet;  and  on  and 
after  January  1st,  L905,  shall  and  will  furnish  gas  to  said  in- 
habitants at  the  net  price  of  one  dollar  and  ten  cents  per 
thousand  cubic  feet  ;  and  on  and  after  January  1st,  1906,  shall 
and  will  furnish  gas  to  said  inhabitants  at  the  net  price  of  one 
dollar  and  the  cents  per  thousand  cubic  feet;  and  on  January 
L907,  and  ever  thereafter,  during  the  life  of  this  franchise,, 
said  grantee  shall  and  will  furnish  gas  to  the  inhabitants  of 
said  city  at  a  net  price  which  shall  never  exceed  one  dollar 
per  thousand  cubic  feet;  provided  that  for  the  purpose  of  in- 
suring prompt  payment  of  the  bills  therefor,  there  may  at  all 
times  be  added  an  additional  twenty  cents  per  thousand  cubic 
feet  to  the  current  net  price  on  failure  of  the  consumer  to  pay 
therefor  on  or  before  the  fifteenth  day  of  the  month  succeed- 
ing that  in  which  the  gas  is  used,  and  provided  further  that 
whenever  the  amount  of  gas  used  by  any  consumer  during  any 
month  shall,  at  the  current  net  price  aforesaid,  amount  to  less 
than  twenty-five  cents,  the  grantee  may  charge  such  consumer 
for  such  month  a  sum  not  to  exceed  tw-enty-five  cents  as  a 
minimum  charge. 

1570.  Sec.  9.  That  as  a  further  inducement  to  the  passage 
of  this  ordinance  from  and  after  the  first  day  of  January, 
iriu}.  as  well  under  its  existing -franchise  as  under  the  one 
hereby  granted,  said  grantee  shall  and  will  at  all  times  fur- 
nish gas  to  the  city  to  light  its  streets,  lanes,  bridges,  parks, 
public  grpunds  and  buildings  and  all  buildings  jointly  owned, 
used  or  occupied  by  the  city  and  County  of  Ramsey,  and  all 
buildings  owned  or  occupied  by  said  County,  at  a  price 
which  shall  never  exceed  one  dollar  per  thousand  cubic  feet 
of  gas  actually  consumed ;  provided,  in  case  of  gas  used  for 
street  lighting  the  grantee  will  not  be  required  to  meter  the 
same,  but  the  consumption  shall  be  ascertained  as  provided 
for  in  such  contracts  as  may  be  entered  into  between  the 
-grantee  and  the  city  therefor. 

1571.  Sec.  10.  The  gas  manufactured  and  furnished  by 
said  grantee  shall  all  be  good  and  first  class  for  illuminating 
purposes,  free  from   all  noxious  impurities,   and   all   coal-gas 


5?3 

shall  be  of  not  less  than  sixteen  candle  power,  and  all  water 
gas  of  not  less  than  twenty-two  candle  power,  within  a  radius 
of  one  and  one-half  miles  of  the  holder  from  which  the  same 
is  distributed  into  the  mains,  such  illuminating"  power  to  be 
determined  by  the  photometric  process  in  ordinary  use. 

The  city,  by  such  person  or  persons  as  it  may  from  time 
to  time  designate  for  that  purpose,  shall  at  all  times,  during 
business  hours  of  any  day,  have  full  and  free  access  to  the  gas 
works  and  plant  of  the  grantee  and  all  departments  thereof, 
for  the  purposes  of  full  and  complete  inspection,  and  making 
tests  of  the  quality  of  gas  furnished.  The  city  shall  also  have 
the  right  to  provide  by  ordinance  for  the  inspection  of  meters, 
and  to  prescribe  the  duties  of  such  inspectors  as  it  may  ap- 
point, for  the  purpose  of  securing  correct  measurement  of  the 
gas  furnished  by  the  grantee  to  consumers. 

1572.  Sec.  11.     That  in  consideration  thereof  said  grantee 

shall  at  all  times  during  the  life  of  this  franchise,  keep  and 
maintain  its  gas  works,  manufacturing  plant,  pipes,  '.unnels, 
conduits  and  all  appliances  for  the  manufacturing  and  fur- 
nishing of  gas  for  all  purposes,  in  good  and  proper  condition 
and  repair,  and  shall  during  all  of  said  time  exert  every  rea- 
sonable effort  to  run  and  operate  the  same,  so  as  to  give  good 
and  constant  service  to  said  city  and  the  inhabitants  thereof, 
upon  and  along  the  lines  of  all  its  mains  and  shall  at  all  times 
furnish  and  supply  to  any  and  all  persons  along  the  lines  of 
its  mains,  without  discrimination,  an  ample  and  adequate  sup- 
ply of  gas  for  illumination,  fuel  or  any  other  proper  purpose, 
at  current  prices,  under  such  reasonable  rules  and  regulations 
a-  may  he  adopted  by  said  grantee. 

Said  grantee  shall  also  at  all  times  dining  the  life  of  this 
franchise,  in  all  parts  of  the  city  where  i;;h  i»  used  for  Illumin- 
ating an\   of  the  streets,  public  grounds  or  public  buildings, 

keep   its   main-,   service   pipes   and    street    posts   in    proper  eon 

dition  for  use,  and  -hall  in  good  faith  bid  upon  ami  compete 
for  furnishing  gas  for  all  public  lighting  or  other  public  pur« 

poses,  at    prices   not    in   excess  of   the  CUrrenl    rates   herein   pro 

vided  for,  or  in  i  -mh  rates  as  ma\  he  hereafter  ; 

ami  established,  ami  shall  faithfully  carry  out  and  perform  any 


•  ' ' '  ' 

and  all  contracts  awarded  to  it  for  furnishing-  gas  to  the  city 
therefor. 

1573.  Sot.-.  L2.  [f  at  any  time  (luring  the  life  of  this  fran- 
chise an  emergency  exists  1>\  reason  of  no  contract  being  in 
force  for  furnishing  public  lighting,  or  gas  therefor,  or  if  for 
any  other  reason  the  city  is  deprived  of  light  upon  its  streets 
or  public  grounds  or  in  its  buildings,  then  the  city  by  resolu- 
tion or  ordinance  of  its  Common  Council,  shall  have  the  right, 
upon  making  suitable  provision  insuring  payment  therefor, 
to  oruYr  and  direct  said  grantee  to  furnish  and  provide,  tem- 
porarily, until  such  emergency  shall  have  passed,  gas  for 
lighting  upon  the  streets  and  public  grounds  whenever  the 
grantee  has  street  posts,  and  in  the  public  buildings  of  said 
city  having  connections  with  the  grantee's  mains,  at  the  then 
current  prices  hereunder  for  such  gas,  and  when  so  ordered 
and  directed,  said  grantee  shall  promptly  furnish  and  provide 
the  gas  therefor,  for  and  during  the  time  it  is  so  ordered  and 
directed,  but  such  temporary  arrangement  shall  not  be  con- 
tinned  longer  than  to  give  said  .city  a  reasonable  opportunity 

irocure    such    lighting,   or   necessary   gas  therefor,   in   the 
usual  and  customary  manner. 

1574.  Sec.  13.  Said  city  also  reserves  the  right,  in  case  it 
shall  at  any  time  during  the  life  of  the  franchise  hereby 
granted,  acquire  or  construct  or  authorize  the  construction  of 
any  system  of  conduits,  tunnels  or  subways,  for  general  accom- 
modation, in  any  understreet  or  streets  of  the  city,  to  order 
and  require  said  grantee,  its  successors  and  assigns,  at  their 
own  expense,  to  remove  and  re-locate  any  or  all  of  its  pipes, 
tunnels  and  conduits  along  or  under  any  such  street  or  streets, 

o  and  in  such  tunnels,  conduits  or  subways,  provided  or  au- 
thorized by  the  city,  and  if  the  same  are  owned  by  the  city 
'1  have  the  right  to  charge  said  grantee  and  receive  from 
it  a  reasonable  rental  and  compensation  to  be  fixed  and  pre- 
scribed by  the  Common  Council,  for  the  use  thereof,  upon 
providing  reasonable  space  therein  for  the  same,  and  said 
grantee  shall  promptly  obey  and  execute  within  such  reason- 
able time  as  shall  be  prescribed  therefor,  all  orders  and  direc- 
tions in  that  behalf  given  by  the  Common  Council  of  the  city. 


5  ?  5 

1575.  Sec.  14.  The  Common  Council  of  the  city  shall  have 
the  right,  power  and  authority,  independent  of  whether  or  not 
the  present  provisions  of  the  city  charter  in  that  behalf  are 
continued  in  force  during  the  life  of  this  franchise,  to  regulate 
and  control  the  maximum  prices  to  be  charged  by  said  grantee 
for  furnishing  gas  hereunder  to  the  city  and  its  inhabitants, 
provided  only  that  the  prices  so  fixed  shall  be  fair  and  reason- 
able. 

If  said  grantee  ever  disputes  the  fairness  and  reasonable- 
ness of  any  such  maximum  prices  hereafter  fixed  and  pre- 
scribed by  the  Common  Council  of  the  city,  and  shall  carry 
such  question  for  litigation  into  any  court  of  competent  juris- 
diction, then  and  in  that  event,  if  such  court  shall  decide  that 
the  maximum  prices  so  fixed  and  prescribed  by  the  Common 
Council  are  not  fair  and  reasonable,  said  court  shall  in  the 
same  action,  upon  the  evidence  adduced  therein,  decide,  tix 
and  determine  what  maximum  prices  are  fair  and  reasonable, 
and  whether  the  same  be  greater  or  less  than  those  fixed  by 
the  Common  Council,  such  prices  so  fixed  and  determined  by 
the  court  shall  bind  --aid  grantee  and  limit  the  prices  to  be 
charged  by  it  for  furnishing  gas  until  the  Common  Council  of 
the  city  shall  again  take  further  action  in  the  matter,  or  until 
the  conditions  bearing  upon  the  fairness  and  reasonableness 
of  such  maximum  prices  have  materially  changed,  and  the 
grantee  shall  again  dispute  the  fairness  and  reasonableness 
thereof  and  carry  such  question  for  litigation  into  an)  court 
of  competenl  jurisdiction;  provided  that  said  court  shall  nol 
fix  such  maximum  prices  in  i  t  one  dollar  per  thousand 

cubic  feel  of  gas  actuall)  furnished,  and  no  power  shall  exisl 
to  authorize  said  grantee  to  charge  or  receive  any  sum  in  <\ 

of   a    price    at    the    rate    of   one    dollar    per    thousand    cubic 

epl  onl)  ;is  provided  in  ighl   (8)  of  tin-  ordi- 

nance in  relation  to  penalties  for  overdue  Kill-,  and  a  minimum 
charge  "f  twenty-five  cents  per  month, 

1576.  r>.     That.  ndition  to  the  taking  effect  of 

this  ordinance,   said   grantee  shall  and   will,  within  one 

after    the    passage    and    approval    thereof,   extend    its    main-,    b) 

the  mosl  convenient  routes,  t<.  those  portions  of  the  city  known 

5t.     \nthonv    Park    and    Macile   ;,r    Park,   and    shall    furnish 


576 

the  necessarj  gas  and  shall  give  reasonable  service  to  the  in- 
habited portions  of  these  districts,  and  to  that  end,  within  said 
time,  shall  lay-its  mains  in  and  furnish  service  to  the  residents 
upon  the  following  streets,  between  the  points  named,  that  is 
say : 

i  >n  University  avenue,  from  Cleveland  avenue  to  Crom- 
well str< 

(  >n  Raymond  avenue,  from  University  avenue  to  Manvel 
street. 

On  Bay  less  avenue,  from  Eustis  street  to  the  right  of  way 
of  the  Great  Northern  Railway  Company. 

<  >n  Cromwell  avenue,  from  University  avenue  to  Manvel 
street. 

On  Alden  street,  from  Raymond  avenue  to  Alden  Place. 

(  In  Alden  Place,  from  Alden  street  to  Gibbs  avenue. 

On  Langford  Park  Place  west,  from  Belt  Line  right  of 
way  to  Knapp  street. 

On  Keston  street,  from  Commonwealth  avenue  two  hun- 
dred feet  north. 

On  Priscilla  street,  from  Raymond  avenue  four  hundred 
feet  east. 

On  Raymond  avenue,  from  the  Great  Northern  Railway 
tracks   to   Langford   avenue. 

On    Scudder    avenue,    from    Blake    avenue    to    Raymond 
avenue. 

On   Blake   avenue,   from   Langford   Park   Place   west   to 
Langford    avenue. 

On    Langford   avenue,    from    Knapp    street   eastward    to 
County  Road. 

On  Commonwealth  avenue,  from  Keston  street  to  Cleve- 
land avenue. 

On  Carter  avenue,  from   Lot  31.   Block  40,  St.   Anthony 
Park  North  to  County  Road. 

On  County  Road,  from  Commonwealth  avenue  to  Pierce 
avenue. 

On  Knapp  street,  from  Langford  avenue  at  Block  38,  St. 
Anthony  Park,  to  Raymond  avenue. 

On  Bourne  avenue,  from  Carter  avenue  to  west  line  of 
Lot  6,  Block  40,  St.  Anthony  Park  North. 


577 

On    Snelling   avenue,   from    Summit    avenue    to    Lincoln 
avenue. 

On  Summit  avenue,  from  Snelling  avenue  to  Cambridge 
avenue. 

On  Summit  avenue,  from  Cambridge  avenue  to  Baldwin 
street. 

On  Macalester  avenue,  from  Summit  avenue  to  Princeton 
avenue. 

•    On  Cambridge  avenue,  from  Lincoln  avenue  to  Amherst 
street. 

On  Princeton  avenue,  from  Macalester  avenue  to  Baldwin 
street. 

On  Grand  avenue,  from  Macalester  avenue  to  Fairview 
avenue. 

On  Lincoln  avenue,  from  Macalester  avenue  to  Fairview 
avenue. 

1577.  Sec.  16.  That  in  addition  to  the  extensions  above 
required  said  grantee  shall  also,  from  time  to  time  after  Jan- 
uary 1st,  1007,  extend  its  mains  in  and  along  any  street  or  por- 
tion of  a  street,  in  said  city,  and  furnish  an  ample  supply  of 
,^as  to  the  residents  thereon,  within  six  months  after  the  de- 
livery to  it  of  a  petition  of  residents  thereon,  whose  respective 
houses  or  buildings  are  of  a  permanent  character,  and  are 
piped  and  equipped  throughout  for  use  of  gas,  requesting  such 
extension,  and  agreeing  to  become  regular  customers  and  con- 
sumers of  gas  along  the  line  thereof,  provided  that  the  number 
of  such  petitioners  shall  be  sufficient  in  the  aggregate  to  aver- 
age at  least  one  of  such  houses  or  buildings  for  every  one 
hundred  feet  of  such  proposed  extension  or  extensions  ol  main 
pipes,  exclusive  of  street  crossings,  and  provided,  further,  that 
said  grantee  shall  not  be  required  to  lay  any  mains  or  erect 
any  lamp-posts  provided  for  in  this  section,  or  in  the  next  suc- 
ceeding section  of  this  ordinance,  during  the  months  of  De 
cember,  January,  February,  March  or   Vpril  in  any  year,  and 

such  months  shall  not  be  counted  a  part  of  the  time  limit   I 

for  making  extensions  required  by  said  two  sections  thereof, 

1578.  Sec.   17.     That    the   Common   Council  of  Said   City,   in 

addition   to  the  extension-,   hereinbefore   provided    for.   shall 


578 

have  the  right,  power  and  authority,  whenever  the  public  in- 

sl  shall  so  require,  to  order  and  require  said  grantee  to 
extend  its  mains  and  Furnish  and  supply  gas  and  service  to 
said  city  and  the  residents  thereof  upon  and  along  any  and  all 
streets,  or  parts  of  streets,  in  the  city,  or  to  and  throughout 
any  and  all  of  the  parks  and  public  grounds  of  the  city,  pro- 
vided,  that  not  more  than  three  miles  of  main  pipes  shall  be 
so  ordered  and  required  to  be  laid  by  said  grantee  in  any  one 
calendar  year,  but  if  the  grantee  does  not  lay  such  extensions 
the  same  year  they  are  ordered,  such  delay  shall  not  entitle  it 
to  any  reduction  on  that  account  upon  the  extent  of  the  ex- 
tensions which  may  be  ordered  by  the  Common  Council  the 
next  or  following  years,  but  if  in  any  calendar  year  the  Com- 
mon Council  shall  order  the  laying  of  less  than  three  miles  of 
mains  as  aforesaid,  or  shall  fail  in  such  year  to  order  the  laying 
of  any  mains,  it  shall  not  on  that  account  be  entitled  to  order 
the  laying  of  more  than  three  miles  the  next  or  any  succeeding 
year. 

The  Common  Council  of  the  city  shall  also  have  the  right, 
whenever  a  contract  is  in  force  for  lighting  the  same,  to  order 
and  require  the  erection  and  maintenance  by  the  grantee  of 
such  additional  iron  lamp-posts,  with  all  proper  connections 
and  service  pipes,  upon  the  streets,  lanes,  avenues,  bridges, 
parks  and  public  grounds  of  the  city  as  it  shall  deem  neces- 
sary, along  the  lines  of  the  grantee's  mains,  for  the  furnish- 
ing of  public  gas  lighting,  and  when  they  are  so  erected  they 
shall  be  devoted  to  that  use  so  long  as  such  lighting  is  nec- 

ry,  or  until  they  are  displaced  by  other  street  lights  of 
the  same  or  a  different  kind. 

All  orders  and  directions  of  the  Common  Council  relative 
to  the  matters  embraced  in  this  section  shall  be  promptly 
obeyed  by  the  grantee,  and  all  extensions  of  mains  and  erec- 
tion of  lamp-posts  so  ordered  shall  be  so  furnished,  laid, 
erected  and  completed,  ready  for  use,  within  three  months 
after  such  orders  are  given  by  the  Common  Council,  except 
that  six  months  will  be  allowed  for  the  laying  of  mains  so 
ordered. 

The  Common  Council  shall  also  have  the  right  at  any 
time  to  order  and  require  the  immediate  repair  or  replacement 


579 

of  any  pipes,  tunnels,  conduits  or  lamp-posts  that  become,  for 
any  reason,  in  an  unfit  or  dangerous  condition  for  use. 

1579.  Sec.  IS.  Said  grantee  shall  not  require  or  receive 
any  deposit  or  advance  payment  for  installing  and  maintain- 
ing service  in  excess  of  what  is  reasonably  necessary  to  se- 
cure payment  of  current  bills  for  gas  consumed,  which  shall  be 
repaid  upon  removal  of  the  meter  or  discontinuance  of  the 
service,  except  that  the  same  may  be  applied  so  far  as  may  be 
necessary  in  discharge  of  any  unpaid  bills  for  gas  consumed. 

Said  grantee  shall  pay  to  the  person  making  any  such 
deposit  an  annual  interest  of  five  per  centum  on  the  amount 
thereof,  payable  when  service  is  discontinued,  or  annually 
upon  presentation  of  the  deposit  receipt,  at  the  option  of  the 
consumer. 

If  current  monthly  bills  are  not  paid  as  due  by  customers, 
their  service  may  be  discontinued  until  such  bills  are  paid,  but 
such  unpaid  lulls,  unless  due  from  the  owner,  shall  not  be  a 
charge  against  the  property,  and  no  person  not  himself  in 
arrears  shall  be  denied  service  because  of  any  previous  occu- 
pant of  the  same  premises  being  in  arrears  to  the  grantee  for 
service  therein.  All  service  pipes  from  street  mains  to  the 
property  line  shall  be  provided  and  laid  at  the  expense  of  the 
grante<  . 

1580.  Sec.  19.  Said  grantee  shall  at  all  times  be  and  remain 
separate  and  apart  from,  and  entirely  independent  of,  any  and 
all  competing  companies,  corporations  and  individuals  thai 
may  hereafter  be  engaged  in  the  gas  business  in  the  city,  and 
shall  not  in  any  manner  consolidate  or  pool  its  stock,  business 
or  interest,  or  make  any  division  of  business  or  territory  with 
an)  thereof;  neither  shall  said  grantee  ever  acquire,  own, 
make  use  of,  or  in  any  manner  exercise  an)  of  the  rights, 
privileges  or  franchises,  or  use,  own,  control  or  op<  rate  an)  ol 
the  property,  works,  plant  or  appliances  of  an)  such  other 
company,  corporation  or  individual,  without  the  consenl  ol 
the  Common  Council. 

No  sale,  assignment,  transfer,  lease  or  other  disposition 
of  an)  of  the  rights,  privileges  or  franchises  hereb)  granted 
shall  ever  be  made  withoul  the  consenl  of  the  Common  Conn- 


580 

cil  of  the  city  first  had  and  obtained  by  not  less  than  two- 
third-  vote  of  all  members  of  each  body  thereof;  provided, 
that  this  prohibition  shall  not  apply  to  any  mortgage  or  trust 
deed  of  the  property  or  franchise  of  the  grantee. 

1581.  See.  20.  Nothing  in  this  ordinance  contained  shall 
impose  any  obligation  or  liability  whatever  upon  the  city, 
other  than  to  compensate  the  grantee  at  current  prices  for  the 
actual  amount  of  gas  furnished  to,  and  consumed  by,  the  city 
for  public  purposes,  and  any  and  all  alleged  liability  of  the 
city  for  the  payment  of  any  interest  charge  by  reason  of  the 
provisions  of  section  nine,  of  chapter  fifty-three  of  the  Laws 
of  Minnesota  for  the  year  1856,  subsequent  to  the  year  1901, 
is.  in  consideration  of  this  ordinance,  forever  waived,  cancelled 
and  abolished. 

1582.  Sec.  21.  The  grantee,  in  further  consideration  of  the 
franchise  and  privilege  hereby  granted,  agrees  that  any  fran- 
chise or  privilege  heretofore  granted  by  said  city,  and  now 
held  by  it.  as  well  as  the  franchise  hereby  granted,  shall  be 
held  and  exercised  subject  to  all  the  conditions  and  limitations 
in  said  charter  prescribed,  including  the  payment  of  a  license 
fee  of  five  per  cent,  of  the  gross  earnings  derived  or  accruing 
from  the  exercise  or  enjoyment  of  said  franchise  or  privilege ; 
the  intent  being  by  this  section  to  provide  for  the  agreement 
required  by  section  thirty  (30)  of  chapter  four  (IV.),  of  the 
said  charter. 

1583.  Sec.  22.  In  the  passage  and  acceptance  of  this  ordi- 
nance the  city  and  the  grantee,  being  in  doubt  as  to  the  exact 
meaning  of  section  thirty  (30)  of  chapter  four  (IV.)  of  the 
charter,  have  construed  it  to  require  the  grantee  to  agree  that 
from  and  after  January  1,  1907,  and  not  before,  the  franchises 
and  privileges  described  in  this  section  shall  be  held  and  exer- 
cised subject  to  all  the  conditions  and  limitations  of  said 
charter,  including  the  payment  of  a  license  fee  of  five  per  cent, 
of  the  gross  earnings  derived  from  the  exercise  and  enjoy- 
ment of  such  franchises  or  privileges,  to-wit: 

1584.  1.  All  the  right  and  authority  to  use  the  streets, 
alleys  and  public  grounds  of  the  city  for  the  conduct  of  elec- 
tricity conferred  directly  upon  the  grantee  by  the  following 


581 

ordinances  and  resolutions:  Ordinance  Xo.  271,  approved 
March  1,  1882;  Resolution,  approved  April  6,  1882;  Ordinance 
Xo.  595,  approved  December  5,  1885;  Ordinance  No.  1219, 
approved  September  7,  1889;  Resolution,  approved  June  20, 
1896 ;  and  Resolution,  approved  November  8,  1899. 

2.  All  the  right  and  authority  to  use  the  streets,  alleys 
and  public  grounds  of  the  city  for  the  conduct  of  electricity 
conferred  upon  the  Economy  Steam  Heat  Company,  after- 
wards the  St.  Paul  Light,  Heat  and  Power  Company,  under  the 
following  ordinances  and  resolutions,  which  right  and  author- 
ity has  since  been  assigned  to  and  is  now  held  by  the  grantee: 
Ordinance  No.  916,  approved  April  8,  1888,  as  amended  by 
Ordinance  Xo.  1707;  Resolution,  approved  March  II.  L889; 
and  Resolution,  approved  September  20,  1893. 

•'!.  All  right  and  authority  to  use  the  streets,  alleys  and 
public  grounds  of  the  city  for  the  conduct  of  electricity,  con- 
ferred upon  the  East  Side  Electric  Company  under  the  follow; 
ing  ordinances  and  resolutions,  which  right  and  authority  has 
since  been-assigncd  to,  and  is  now  held  by,  the  grantee  :  (  )rdi- 
nance  No.  1659,  approved  February  1-7,  L893;  and  Resolution, 
approved   December  5,  1894. 

I.  All  franchises  or  privileges  grained  ]>\  said  city,  and 
now  or  hereafter  held  by  the  grantee,  and  not  hereinbefore 
specifically  described,  and  any  and  all  franchises  and  privi- 
leges at  any  time  granted  to  the  Economy  Steam  Heai  Com- 
pany, the  St.  Paul  Light,  I  feat  and  Power  Company,  and  the 
Easl  Side  Electric  Company,  or  either  of  them,  nol  herein- 
before specificall)  enumerated. 

1585.  S<-e.  23.  In  further  consideration  of  the  Franchises 
and  privileges  hereby  granted,  the  grantee  will  cause  the  duly 
authorized  officers  of  the  said  Edison  Electric  Light  and 
Power  Company,  in  which  the  grantee  owns  substantial^  all 
of  the  shares  of  stock,  to  execute  and  file  with  and  al  the  time 
of  the  acceptance  of  this  ordinance,  an  agreement  in  writing, 
approved  as  to  form  by  the  Corporation  Vttorney,  thai  the 
right  and  authority  to  use  any  of  th<  ir  public 

grounds  of  said  cit\    for  the  conduct  of  electricit)   confi 
upon   said    Edison    Electri<    Light    and    Power   Company    by 
Ordinance  No.  707,  approved   Vugust   19,  amended  by 


582 

i  Ordinance  No.  1698,  and  the  right  and  authority  to  use  any  of 
the  streets,  alleys  or  public  grounds  of  said  city  for  the  con- 
duct of  electricity,  conferred  upon  the  St.  Paul  Electric  Manu- 
facturing and  Construction  Company  by  Ordinance  No.  1518. 
approved  December  10.  1891,  and  Ordinance  No.  1577,  ap- 
proved  February  25,  1892,  which  right  and  authority  has  since 
been  assigned  to,  and  is  now  held  by,  the  said  Edison  Electric 
Light  and  Power  Company,  as  well  as  any  other  franchise *or 
privilege  for  the  conduct  of  electricity  heretofore  granted  by 
said  city,  and  now  or  hereafter  held  by  said  Edison  Electric 
Light  and  Power  Company,  shall  from  and  after  the  first  day 
of  January.  1907,  and  not  before,  be  held  and  exercised  sub- 
ject to  all  the  conditions  and  limitations  of  said  charter,  in- 
cluding the  payment  of  a  license  fee  of  five  per  cent,  of  the 
gr —  earnings  derived  or  accruing  from  the  exercise  and  en- 
joyment of  such  franchises  and  privileges. 

In  further'  consideration  of  the  franchise  and  privilege 
hereby  granted  the  grantee  agrees  to  cause  the  duly  author- 
ized officers  of  the  St.  Croix  Power  Company,  a  Wisconsin  cor- 
poration, in  which  the  grantee  is  the  owner  of  substantially 
all  of  the  shares  of  stock,  to  execute  and  file  with  and  at  the 
time  of  the  acceptance  of  this  ordinance  an  agreement  in  writ- 
ing, approved  as  to  form  by  the  Corporation  Attorney,  that 
the  right  and  authority  to  use  any  of  the  streets,  alleys  or 
public  grounds  of  said  city  for  the  conduct  of  electricity,  con- 
ferred upon  said  Edison  Electric  Light  and  Power  Company, 
under  a  resolution  approved  November  11,  1890,  and  resolu- 
tion approved  January  5.  1000,  which  were  thereafter  assigned 
to.  and  are  now  held  by,  the  said  St.  Croix  Power  Company, 
as  well  as  any  other  franchise  or  privilege  for  the  conduct  of 
electricity  heretofore  granted  by  said  city,  and  now  or  here- 
after held  by  said  St.  Croix  Power  Company,  shall,  from  and 
after  the  first  day  of  January.  1907,  and  not  before,  be  held 
and  exercised  subject  to  all  the  conditions  and  limitations  of 
said  charter,  including  the  payment  of  said  license  fee. 

1586.         Sec.  24.     Whereas,  A  dispute  in  good  faith  Has  arisen 

between   the  city  on  the  one  part,  and  the  grantee  and  the 
Edison  Electric  Light  and  Power  Company  on  the  other,  over 


583 

the  duration  of  the  various  franchises  and  privileges  described 
in  sections  22  and  23  of  this  ordinance;  and 

Whereas,  The  city,  by  Ordinance  No.  2121,  approved  May 
2d,  1900,  has  attempted  to  limit  the  duration  of  the  said  fran- 
chise so  conferred  upon  the  Edison  Electric  Light  and  Power 
Company  by  said  Ordinance  No.  707,  to  the  first  day  of  Jan- 
uary. 1907,  and  by  resolution,  approved  May  29,  1900,  at- 
tempted to  terminate  and  revoke  on  the  first  day  of  January, 
1907,  the  said  franchises  and  privileges  for  the  conduct  of  elec- 
tricity conferred  upon  the  St.  Paul  Gas  Light  Company,  the 
Economy  Steam  Heat  Company,  St.  Paul  Electric  Manufac- 
turing and  Construction  Company,  and  the  East  Side  Electric 
Company :  and 

Whereas,  It  is  claimed  by  the  grantee  and  by  the  Edison 
Electric  Light  and  Power  Company  that  the  said  ordinance 
and  resolution  so  attempting  to  limit  and  revoke  said  fran- 
chises and  privileges  are  inoperative  and  invalid,  and  that  the 
term  of  each  of  said  franchises  and  privileges  so  referred  to  in 
said  ordinance  and  resolution  is  unlimited,  and  cannot  be 
fixed  or  limited  without  the  consent  of  the  owner  of  such 
franchise  or  privilege ; 

1587.  Now,  therefore,  For  the  purpose  of  compromising 
and  settling  said  dispute,  and  the  rights  of  the  respective  par- 
ties, the  said  city,  in  consideration  of  compliance  with  the  re- 
quirements hereof,  waives  any  claim  that  the  franchises  and 
privileges  referred  to  in  this  section  terminate  on  the  first 
day  of  January,  1007,  whether  by  virtue  of  the  passage  of  sa 
Ordinance  No.  2121,  or  said  Resolution  approved  Ma\ 
L900,  or  otherwise,  or  thai  said  Franchises  or  privileges  termi- 
nate at  any  time  prior  to  January  L,  L932  :  and  the  said  <  Ordi- 
nance No.  2121,  approved  May  24,  L900,  and  the  said  resolu- 
tion, approved   May  29,   L900,  and  each  of  them,  be  and  the 

hereby   are,   in   consideration   of   the   execution   of  the 
acceptances  and  a  herein  provided  for,  in  all  things 

repealed, 

1588.  Said  grantee  on  its  part  hereby  waives  any  claim  that 
the  franchisee  and  privileges  for  the  conduct  of  electricity, 
now  or  hereafter  held  bv  i1  and  described  in  section  22  of  this 


58  I 

ordinance,  are  perpetual,  and  agrees  that  the  same,  and  all 
thereof,  shall  cease  and  terminate  on  the  first  day  of  January, 

1589.  Said  grantee  further  agrees  that,  in  consideration  of 
said  compromise,  it  will  cause  the  proper  officers  of  said  Edi- 
son  Electric  Light  and  Power  Company  to  execute  and  file 
with  and  at  the  time  of  the  acceptance  of  this  ordinance,  an 
agreement  in  writing,  in  form  to  be  approved  by  the  Corpo- 
ration Attorney,  waiving  on  behalf  of  said  Edison  Electric 
Light  anil  Power  Company,  its  claim  that  the  franchises  and 
privileges  now  held  by  it.  and  described  in  section  23  of  this 
ordinance,  are  of  perpetual  duration,  and  agreeing  that  such 
franchises  and  privileges  shall  cease  and  terminate  on  the  first 
day  of  January.  1932;  and  will  also  cause  the  proper  officers 
of  the  said  St.  Croix  Power  Company  to  execute  and  file  with 
and  at  the  time  of  the  acceptance  of  this  ordinance,  an  agree- 
ment in  writing,  in  form  to  be  approved  by  the  Corporation 

•  rney.  waiving  on  behalf  of  said  St.  Croix  Power  Company 
any   claim   that  said   franchise  or  privileges  held  by   it,   and 

ribed  in  section  23  of  this  ordinance,  are  perpetual,  and 
agreeing  that  the  same  shall  cease  and  terminate  on  the  first 
day  .  >f  January,  1932. 

1590.  The  grantee,  or  any  of  said  other  companies  herein 
mentioned,  shall  not  sell,  assign,  transfer,  or  in  any  manner 
dispose  of  any  of  the  electric  franchise  rights  or  privileges 
now  held  by  them,  or  either  of  them,  prior  to  filing  with  the 
city  all  of  the  acceptances  and  agreements  by  this  ordinance 
required. 

1591-  '-•"'■     It  is  further  agreed,  in  consideration  of  the 

franchise  hereby  granted,  that  from  and  after  the  passage  and 
ptance  of  this  ordinance,  and  until  the  termination  of  the 
franchise  hereby  -ranted,  the  grantee  shall  from  time  to  time 
extend  any  of  the  electric  lines  which  are  now  or  may  be 
hereafter  maintained  or  operated  under  any  of  the  said  fran- 
chises for  the  conduct  of  electricity,  upon  any  street  or  por- 
tion of  street  in  said  city,  within  six  months  after  being  or- 
dered bo  to  do  by  the  Common  Council,  and  will  furnish  an 
ample  supply  of  electricity  for  lighting  purposes  to  persons 


585 

residing  upon  the  street  or  portion  of  street  upon  which  such 
extension  shall  be  made  at  their  several  residences  or  build- 
ings on  said  street;  provided,  that  the  said  Common  Council 
shall  have  no  power  to  require  such  extensions  to  be  made 
unless  there  shall  first  be  presented  to  the  said  Council 
a  petition  signed  by  residents  upon  the  street  upon  which 
the  extension  is  to  be  made,  whose  houses  or  buildings  are 
respectively  equipped  throughout  for  the  use  of  electricity, 
and  in  which  said  petitioners  shall  respectively  agree  to  be- 
come users  of  such  electricity;  provided,  further,  that  there 
shall  be  an  average  of  one  of  such  houses  or  buildings  for 
every  one  hundred  (100)  feet  of  underground  extensions  so 
required  to  be  made,  and  an  average  of  one  of  such  houses  or 
buildings  for  every  three  hundred  (300)  feet  of  overhead  ex- 
tensions, exclusive  of  street  crossings. 

The  months  of  December,  January,  February,  March  and 
April  shall  not  be  counted  in  computing  the  time  within  which 
such   extensions  must  be  made. 

1592.  It  is  further  agreed,  in  consideration  of  the  franchise 
hereby  granted,  that  the  grantee'  shall,  from  and  after  the 
passage  and  acceptance  of  this  ordinance,  and  until  the  termi- 
nation <>f  the  franchise  hereby  granted,  extend  any  of  the  elec- 
tric lines  now  or  hereafter  operated  for  the  transmission  of 
electricity  for  power  purposes,  such  lines  being  known  as  the 
power  circuit,  upon  any  street  or  portion  <>\  street  in  said  city, 
and  will  furnish  an  ample  supply  of  electricity  for  power  pur- 
to  persons  desiring  to  use  the  same  in  their  houses  or 
buildings,  located  upon  such  streel  or  portion  fc,  within 

six  months  after  being  ord<  red  so  to  do  by  the  Common  Coun- 
cil; provided,  that    said   Council   shall   have   no   power  to  order 

su(  li   extensions   for  power  purposes   unle      there  shall    fust 
be   presented   to  said   Council   a   petition,  signed   by   pei 
*  hos  ■  hou  es  or  building    an   lot  at<  d  upon  the  streel  or  por 
lion  of  streel  upon  which  the  extension  is  to  be  made,  and  who 
shall  in  such  petition  respectivelj  i  use  and  pa}  for  an 

amount  of  such  power  equal  to  nol   less  than  an  av< 
two-horse  power  per  day,  for  a  period  of  one  year  from  and 
after  the  time  when  such  per  on      hall  be  respectively 
plied   with   power   in   consequence   of   such    extension   being 


made;  provided,  that  there  shall  be  one  of  such  petitioners  so 

power  to  such  an  amount   for  an  average  of 

one  hundred  feet  of  underground  extension,  and  one  of 

petitioners  for  an  average  of  every  three  hundred  feet 

crhea.l  extension  so  required   to  be  made,  exclusive  of 

igs,  provided  extensions  shall  not  be  ordered  for 

temporary  purposes  only. 

1593.  The  grantee  shall  be  allowed  the  same  time  within 
which  to  make  such  extensions  as  provided  in  this  section  in 
the  case  of  extensions  for  furnishing  electric  light- 
All  such  extensions,  whether  for  light  or  power  purposes, 

shall  be  subject  to  all  lawful  ordinances  and  regulations  of  the 
city  now  or  hereafter  in  force  with  relation  to  the  placing  of 
electric  wires  underground. 

All  such  extensions  of  electric  light  or  power  lines,  under 
the  direction  of  the  Common  Council,  as  herein  provided, 
shall  he  deemed  to  have  heen  constructed  under  the  provisions 
of  the  existing  ordinances  hereinbefore  referred  to,  subject  to 
the  provisions  of  this  ordinance,  and  the  authority  to  maintain 
the  same  shall  continue,  subject  to  the  provisions  hereof,  and 
of  said  respective  ordinances  only  until  the  first  day  of  Jan- 
uary. 19 

1594.  .  26.  In  case  said  grantee  shall  at  any  time  fail 
to  comply  with,  or  in  case  of  a  breach  by  it  of  any  of  the 
term--,  provisions,  conditions  or  limitations  contained  in  and 
provided  for  in  this  ordinance,  or  the  charter  of  the  city,  all 
right-  and  privileges  hereby  granted  shall  forthwith  terminate 
and  become  forfeited  to  said  city,  and  in  case  of  any  such 
breach  or  failure  to  comply  with  any  of  the  terms,  conditions 
or  limitations  hereof,  or  of  said  charter  of  said  city,  said  city 
shall  have  the  power  to  declare  the  termination  and  forfeiture 
of  all  the  franchises  and  privileges  hereby  granted. 

1595.  37.  The  said  grantee,  within  thirty  days  after 
the  •                and  publication  of  this  ordinance,  shall  file  with 

!ity  Clerk  its  written  acceptance  thereof,  and  therein  shall 

agree  to  abide  by,  keep  and  perform  all  the  terms,  conditions, 

litations  and  provisions  thereof,  in  form  to  be  approved  by 

the  Corporation  Attorney,  and  shall  within  said  time  file  a  cer- 


tified  copy  of  said  acceptance  with  the  City  Comptroller,  and 
said  other  companies  herein  mentioned  shall,  within  the  same 
time,  file  the  acceptances  and  agreements  herein  required. 

1596.  See.  28.  This  ordinance  shall  lake  effect  and  be  in 
force  from  and  after  its  passage,  approval,  publication  and 
acceptance  as  hereinbefore  provided,  and  upon  compliance  by 
said  grantee  and  said  other  companies  with  all  conditions 
precedent  thereto,  hereinbefore  set  forth  and  specified. 


Ordinance  No.  2389. 
(Approved  August  10,  1903.  I 

1597.  An   Ordinance  granting   to  the   St.   Paul   Gas  Light 

Company,  a  corporation,  the  right  to  excavate  an 
area  upon  the  south  side  of  East  Fifth  street,  be- 
tween Olive  and  John  streets. 
The  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 
follows  : 

Sec.  1.  Permission  is  hereby  given  to  the  St.  Paul  Gas 
Light  Company  to  excavate  areas  on  the  south  side  of  East 
Fifth  street,  between  Olive  street  and  John  street,  for  the  dis- 
tance of  fifty  feet  in  front  of  Lot  two  (2),  Block  forty  seven 
(  \~,  i.  Kittson's  Addition  to  St.  Paul,  and  oul  from  the  line  of 
said  property  for  a  distance  of  twelve  [12)  feet. 

1598.  Said  St.  Paul  Gas  Lighl  Com]. any  shall  proteel  said 
street,  and  when  said  areas  are  excavated  to  leave  the  streel  in 
as  good  condition  as  it  now  i^.  Said  excavation  to  be  made 
under  the  supervision  of  the  Cit)  Engineer,  and  in  accordance 
with  the  ordinam  aid  city  in  relation  b  ations  i" 

ets,  and  the  rules  and  regulations  of  the  Board  of  Public 
W<  »rks  third' ». 

See.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  it  -  publicatii  »n. 


SCANDINAVIAN    AMERICAN    BANK. 
Ordinance  No.  2390. 
proved  August  10,  1903.) 

1599.  An  Ordinance  granting  permission  to  the  Scandi- 
navian American  Bank  to  place  and  maintain  steam 
boilers  in  the  area  way  already  constructed  under 
the  alley  in  the  rear  of  the  Bank  of  Minnesota 
building,  situate  on  the  southwest  corner  of  Sixth 
and  Jackson  streets. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

1.     That  permission  be  and  is  hereby  granted  to  the 
Scandinavian  American  Bank,  of  St.  Paul,  to  place  and  main- 
tain steam  boilers  in  the  area  way  already  constructed  under 
the  alley  in  the  rear  of  the  Bank  of  Minnesota  building,  situate 
on  the  southwest  corner  of  Sixth  and  Jackson  streets,  in  said 
for  the  purpose  of  heating  said  building,  the  same  to  be 
done  under  the  supervision  and  direction  of  the  Commissioner 
'ublic   Works,  upon  obtaining  a  proper  permit  therefor. 
Such  permission  is  granted  upon  the   express  condition  that 
said  The  Scandinavian  American  Bank  shall  replace  the  sur- 
and  roadway  of  said  alley  in  good  and  sufficient  condi- 
tion for  public  travel  thereon,  and  to  the  satisfaction  of  said 
Commissioner  of  Public  Works,  and  shall  save  the  City  of  St. 
Paul  harmless  from  any  and  all  damages,  costs  and  expenses 
isioned   thereby,  and  upon   the  further  express   condition 
that    said    boilers   shall    be   removed   whenever   the    Common 
Council  shall  order,  and,  before  this  ordinance  shall  take  effect, 
said  The  Scandinavian  American  Bank  shall  file  with  the  Corn- 
ier of  Public  Works,  as  condition  to  obtaining  a  permit 
hereunder,  its  written  acceptance  of  the  terms  and  conditions 
hereof,  with  an  agreement  to  be  bound  by  and  fulfill  all  the 
requirements  of  this  ordinance,  in  such  form  as  shall  be  ap- 
proved by  the  Corporation  Attorney. 

Sec.  2.     This  ordinance  shall  take  effect  and  be  in  force 
rom    and   after  its   passage,   publication   and   acceptance,   as 
hereinbefore  provided. 


589 

PATRICK    D.    SCANNELL   AND   JACOB    H.    BOHRER. 

Ordinance  No.  1850. 

(Approved  November  21,  1895.) 

1600.  An  Ordinance  granting  unto  Patrick  D.  Scannell  and 
Jacob  H.  Bohrer  license  and  permission  to  use  and 
occupy  a  portion  of  the  levee  in  the  Sixth  ward  of 
the  City  of  St.  Paul. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  License,  permission  and  authority  is  hereby  given 
and  "ranted  unto  Patrick  D.  Scannell  and  Jacob  H.  Bohrer  to 
use  and  occupy,  for  the  full  period  of  five  (5)  years  from  and 
after  the  date  of  the  passage,  approval  and  publication  of  this 
ordinance,  all  that  certain  real  property  and  premises  situate 
in  the  City  of  St.  Paul,  Ramsey  County,  Minnesota,  described 
as  follows,  to-wit:  All  that  portion  of  the  street  and  levee  in 
the  Sixth  ward  of  the  said  City  of  St.  Paul,  lying  easterly  of 
lots  numbered  one  (1),  two  (2),  three  (3),  four  (4)  and 
five  (5),  of  block  numbered  one  (1),  of  Moriarity's  Addition 
to  St.  Paul,  according  to  the  recorded  plat  thereof  in  the  office 
of  the  register  of  deeds  within  and  for  said  County  of  Ramsey, 
and  included  between  an  extension  of  the  north  line  of  lot 
numbered  one  (1),  in  said  block  one  CI),  of  said  addition,  to 
low  water  mark  of  said  Mississippi  river,  and  an  extension  of 
the  south  line  of  said  lot  numbered  five  (5),  in  said  block  one 
(1  ).  of  said  addition,  to  said  Mississippi  river,  according  to  the 

plat  thereof,  together  with  all  structures,  improvements  and 
appurtenances  thereon  and  thereto,  for  the  purpose  of  con- 
ducting thereon  by  said  licensees  the  business  of  dumping,  de- 
positing and  flushing  into  said  Mississippi  river,  by  mean 
grate  .and  --ewer,  all  nighl  soil  and  other  matter  collected  by 
said  licensees  in  said  ci1  j 

1601.  2.    This  license  and  lea  •        given  and  granted 

upon  the  condition  thai  the  said  Patrick  D  Scannell  and 
Jacob  M.  Bohrer  pay  to  the  said  City  of  St.  Paul,  as  compen- 
sation and  rental  for  the  use  of  Baid  property  and  premises, 
and  the  privileges  hereby  granted,  the  Bum  of  one  hundred 


590 

$100     per  annum  For  and  during  the  period  herein- 
o  mentioned,  payable  annually  in  advance. 

1602.  Sec.  3.  No  rights  or  privileges  acquired  under  this 
ordinance  shall  be  assigned  or  transferred  to  any  person,  firm 

•rporation,  without  the  consent  of  the  common  council  of 
said  city  being  firsl  obtained. 

1603.  Sec  1.  The  grantees  herein  named  shall  file  with 
the  city  clerk  of  said  city  their  acceptance  in  writing"  of  the 
provisions  of  this  ordinance  within  ten  (10)  days  from  and 
after  its  passage  and  publication,  said  acceptance  to  be  ap- 
proved by  the  corporation  attorney  of  said  city. 

1604.  Sec.   5.     This   ordinance   shall  not  be   considered  or 
rued  as  in  any  manner  guaranteeing  or  warranting  any 

of  the  rights  hereby  granted,  nor  the  title  of  any  of  the  lands 
herein   described. 

6.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  publication,  and  the  acceptance  thereof  by 
said  licensees,  as  provided  for  in  section  four  (4)  of  this  ordi- 
nance. 

SCHEFFER  &  WHITE. 
Ordinance  No.  2265. 

Approved  March  6,  1902.) 

1605.  An  Ordinance  authorizing  Scheffer  &  White  to  erect 

a  frame  building  twenty  by  thirty  feet,  upon  the 
east  half  of  Lot  9,  Block  3,  Rice  and  Irvine's  Ad- 
dition to  the  City  of  St.  Paul. 

The  Common   Council  of  the   City  of   St.   Paul   do  ordain   as 
follows : 

1.     That  permission  and  authority  are  hereby  granted 

I  mdlcy   Scheffer  and  Robert  White,  doing  business  under 

the  firm  name  of  Scheffer  &  White,  to  construct  and  erect  upon 

the  east  one-half  of  Lot  9,  Block  3,  Rice  &  Irvine's  Addition  to 

the   City  of  St.   Paul,  a  frame  building  substantially  twenty 

by  thirty  (30)  feet,  the  structure  to  be  covered  with  cor- 

ated   iron  and  the  roof     to  be    tarred    and  graveled,  said 

ructure  to  be  constructed  under  the  superintendence  of  the 


591 

Building  Inspector  of  the  City  of  St.  Paul,  and  said  Building 
Inspector  is  hereby  authorized  to  issue  to  said  Scheffer  & 
"White   a  proper  permit  therefor. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

SCHMIDT   BREWING   CO. 

Ordinance  No.  2535. 
i  Approved  October  6,  1905.) 

1606.  An    Ordinance    authorizing    the     construction    and 

maintenance  of  a  railway  spur  track  on  Randolph 
street  and  Oneida  street,  in  the  City  of  St.  Paul, 
Minnesota,  by  the  Jacob  Schmidt  Brewing  Com- 
pany. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  That  authority  and  permission  arc  hereby  granted 
to  the  Jacob  Schmidt  Brewing  Company  to  construct  and 
maintain  a  railway  spur  track  on  and  along  Randolph  street, 
from  the  right  of  way  of  the  Chicago,  St.  Paul,  Minneapolis 
&  Omaha  Railway  Company  to  Drake  street,  and  on  <  meida 
street,  from  Randolph  street  to  the  south  line  of  Wesl  Seyenth 
street,  as  shown  by  the  red  lines  upon  the  attached  plal  or 
diagram;  said  spur  track  to  be  used  for  operating  freight  ears 
thereon  for  the  purpose  of  receiving  and  discharging  mer- 
chandise; said  spur  railway  track  to  be  constructed  under  the 
supervisibn  and  direction  of  the  Commissioner  of  Public 
Work.. 

1607.  Sec.    2.     Thai    the    permission    hereby   granted 
Jacob  Schmidt   Brewing  Company  is  subjeel  to  the  condition 
thai   said  company  shall  furnish   the  Cit)   of  St.   Paul  with  a 
bond  with  sufficient   sureties,  to  be  approved  1>\    the  mayor, 
in  the  sum  of  five  thousand  dollars   ($5,000),  conditioned  t<» 

indemnify    and    save    harmless    the    City    of    St.    Paul    from    all 

damages,  claim-,  costs,  judgments  and  • 
in  an}  waj  arising. oul  of  the  con  truction,  maintenance,  oper- 
ation or  removal  of  said  spur  track. 

Sec.  :;.  This  ordinance  ■-hall  take  effeel  ami  he  in  f^rcr 
from  ami  after  its  passage,  approval  and  publication. 


SCRIBNER-LIBBEY  CO. 

Ordinance  No.  2233. 

I  Approved  December  11,  1901.) 

1608.         An    Ordinance    authorizing    Scribner-Libbey    Com- 
pany to  erect  a  frame  shed  on  Lot  10,  in  Block  55, 
of  Rice  &  Irvine's  Addition. 
The  Common   Council  of  the   City  of  St.  Paul  do  ordain  as 

follows  : 

Sec.  1.  That  permission  and  authority  are  hereby  given 
1m  Scribner-Libbey  Company  (a  corporation  organized  under 
the  laws  of  Minnesota),  to  erect  a  frame  shed  upon  and  across 
the  rear  of  Lot  10.  in  Block  55,  of  Rice  and  Irvine's  Addition 
t"  St.  Paul,  such  shed  to  be  sixty  (60)  feet  in  length,  sixteen 
feet  in  width,  and  not  over  twelve  (12)  feet  in  height,  to 
have  a  gravel  roof  and  be  constructed  under  the  superintend- 
ence of  the  Building  Inspector  of  said  city  upon  obtaining  a 
proper  permit  therefor. 

Sec  '2.     This  ordinance  shall  take  effect  from  and  after  its 
passage. 

THOMAS  B.  SCOTT. 

Ordinance  No.  1960. 

(Approved  November  10,  1897.) 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

1609.  Sec.  1.  Permission  is  hereby  given  and  granted  unto 
Thomas  B.  Scott  to  construct  and  maintain  a  conduit,  with 
i  pipes  therein,  underneath  the  sidewalk  on  the  northerly 
side  of  West  Fifth  street,  in  the  City  of  St.  Paul,  commencing 
at  a  point  located  on  the  northerly  line  of  West  Fifth  street 
and  twenty  (20)  feet  westerly  from  the  westerly  line  of  Frank- 
lin street,  and  extending  southerly  into  said  West  Fifth  street 
at  right  angles  with  its  northerly  line  a  distance  of  five  (5) 
feet,  and  thence  westerly  and  parallel  with  the  northerly  line 
a  distance  of  (50)  feet,  and  thence  northerly  a  distance  of 
five  (5)  feet  to  a  point  on  the  northerly  line  of  West  Fifth 
street,  that  is.  seventy  (70)  feet  westerly  of  the  westerly  line 


593 

of  Franklin  street,  upon  his  executing  and  delivering  to  the 
city  a  bond  of  the  sum  of  five  thousand  dollars  to  protect  the 
city  from  loss  in  consequence  thereof. 

The  construction  of  said  conduit,  and  all  work  in  connec- 
tion therewith,  shall  be  done  in  accordance  with  the  directions 
of  the  City  Engineer,  and  under  his  supervision,  and  shall  be 
removed  whenever  the  Common  Council  shall  so  order. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  publication. 

SHIELDS    SORGHUM    COMPANY. 

Ordinance  No.  2319. 

(Approved  Oct.  83,   1902.) 

1610.  An  Ordinance  granting  permission  to  the  Shields  Sor- 
ghum Company  to  erect  and  maintain  upon  the 
rear  of  lots  8  and  9,  of  H.  L.  Carver's  Subdivision 
of  lots  1  and  2,  block  53,  Rice  #  Irvine's  Addition, 
a  frame  structure. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows  : 

Sec  1.  That  permission  and  authority  be,  and  it  is  here- 
by given  to  the  Shields  Sorghum  Company  to  erect  and  main- 
tain a  frame  building,  10x40,  covered  with  corrugated  iron. 
upon  the  rear  of  lots  8  and  9,  of  II.  L.  Carver's  Subdivision 
of  lot-  I  and  2,  block  53,  Rice  &  Irvine's  Addition;  the  same 
to  be  constructed  under  the  direction  and  supervision  of  the 
missioner  of  Public  Works,  and  said  Commissioner  of 
Public  Worl  officio  Building  Inspector,  is  hereb}   au 

thorized  and  directed  t « »  issue  a  proper  permit  therefor. 

This  ordinance  -hall  be  in  force  and  lake  effect 
from  and  after  it-  passage,  approval  and  publication. 


59  l 

KINGSLAND    SMITH. 

Ordinance  No.  1578. 
(Approved  Feb.  25,  1892.) 

1611.  An  Ordinance  granting  unto  Kingsland  Smith  per- 

mission to  use  a  portion  of  the  levee  in  the  Sixth 
ward  of  the  City  of  St.  Paul. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 

follows: 

Sec.  i.  That  permission  and  authority  is  hereby  given 
and  granted  unto  Kingsland  Smith  to  use  and  occupy,  for  the 
full  period  from  the  date  and  passage  of  this  ordinance  until 
Jul}-  1.  A.  I).  1916,  for  manufacturing-  purposes,  viz.,  manu- 
facturing flour,  and  all  things  necessary  and  incident  thereto, 
that  portion  of  the  levee  in  the  Sixth  ward,  in  the  City  of 
St.  Paul,  described  as  follows,  to-wit:  Lots  three  (3),  four 
i  1  i  and  rive  (5),  of  block  B,  in  Robertson's  Addition  to  West 
St.    Paul. 

Provided,  that  the  grantee  herein  named  shall  employ 
in  their  said  business  at  all  times  during  the  term  of  this 
franchise  a  monthly  average  per  year  not  less  than  twenty 
(20)  men. 

This  grant  is  made  upon  the  express  condition  that  the 
grantee  herein  named  shall  pay  to  the  City  of  St.  Paul,  as 
compensation  and  rental  for  the  privileges  hereby  granted, 
the  sum  of  one  dollar  ($1)  per  annum  for  and  during  the  time 
hereinabove  specified,  payable  annually  in  advance. 

1612.  Sec.  2.  That  permission  and  authority  is  hereby 
given  and  granted  unto  the  said  Kingsland  Smith  to  erect,  con- 
struct and  maintain  on  said  lots  three  (3),  four  (4)  and  five 

a  stone  or  brick-veneered  building  about  sixty  (60)  feet 
by  ninety  (90)  feet,  and  a  frame  iron-clad  elevator,  with  stone 
foundation,  for  use  in  their  said  business,  three  (3)  or  more  of 
the  stories  of  the  said  building  to  be  above  the  grade  of  the 
street  in  front  of  said  lots;  which  building  shall  be  built  under 
the  direction  and  according  to  the  instructions  of  the  building 
nspector  of  said  city,  upon  obtaining  a  permit  so  to  do,  and 
the  payment  of  the  proper  fees  therefor. 


595 

Provided,  however,  that  the  chimney  and  smokestack,  if 
any,  to  be  used  in  the  connection  with  said  business  shall  ex- 
tend at  least  seventy-five  (75)  feet  above  the  grade  of  the 
street  upon  which  the  said  building  fronts. 

And  provided,  further,  that  this  ordinance  shall  not  be 
construed  as  guaranteeing  or  warranting  any  of  the  rights 
hereby  granted. 

And  provided,  further,  that  the  grantees  herein  named 
shall  complete  said  buildings  and  have  said  business  in  oper- 
ation within  nine  (!h  months  from  the  passage  of  this  ordi- 
nance, and  that  before  the  expiration  of  said  term,  as  afore- 
said, said  buildings  shall  be  removed  from  said  above-de- 
scribed premises  by  said  grantees ;  and  in  case  of  failure  to 
remove  said  buildings  within  said  time,  the  same,  or  Mich  part 
thereof  as  may  thereafter  remain  upon  said  premises,  shall 
become  the  property  of  said  City  of  St.  Paul 

1613.  Sec.  ■->.  Xo  rights  acquired  under  this  ordinance 
shall  be  transferred  to  any  other  corporation,  company,  per 
son  or  persons,  unless  the  consent  of  the  common  council  of 
said  city  shall  be  first  obtained,  except  that  said  Kingsland 
Smith  may  transfer  said  rights  to  the  Kingsland  Smith  Mill- 
ing Company,  a  corporation  about  to  be  Formed  by  him.  said 
corporation  to  make  no  transfer  without  the  consent  of  said 
common   council. 

1614.  .   1.     Said  grantees  shall  and  will  forever  indent 
nify  am!  save  harmless  the  Citj  of  Si.  Paul  againsl  am   and 
all  damages,  judgments,  claim-,  costs  ami  expenses  of  same, 

which   it   may  suffer,   or  may   he  recovered  or  obtained   for  or 

againsl  -aid  citj  from  or  by  reason  of,  or  growing  oul  of,  or 
resulting  from  tin-  passage  of  this  ordinance,  or  any  matter  or 
thing  connected  therewith,  or  with  the  exercise  by  the  -aid 
grantees  of  the  privileges  hen  1>\   granted. 

1615.  Sec.  5,     Ii   -aid  grantees  -hall  fad  in  .mi \   respi 
comply   with   tin-  provisions  of  this  ordinance,  then  all   the 
rights  and  privileges  hereby  granted  -hall  he  forfeited  to 
City  of  St.  Paul. 

1616.  Sec.  6.  'Ni'  aid  grantee  hall  file  with  the  clerk, 
within  thirty  (30)  days  after  the  publication  of  this  ordina 


596 


his  written  acceptance  of  the  provisions  thereof,  the  same  to 
be  approved  b)   the  corporation  attorney. 

Sec.  i.  This  ordinance  shall  lake  effect  and  be  in  force 
t'n.m  and  after  this  publication,  and  the  acceptance  thereof, 
as  provided  in  section  six  (6)  of  this  ordinance. 


STATE  OF  MINNESOTA. 

Ordinance  No.  2297. 
(Approved  August  8,  1902.) 

1617.  An  Ordinance  granting  to  the  State  of  Minnesota  the 

right  to  construct  and  maintain  a  tunnel  under 
Cedar  street  for  the  purpose  of  conveying  electric 
currents  for  light  and  steam  for  heating  purposes, 
to  the  new  State  Capitol  grounds. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
f(  >llows : 

1.  That  permission  and  authority  is  hereby  granted 
to  the  State  of  Minnesota  to  construct  and  maintain  a  tunnel 
under  Cedar  street,  from  lot  4,  of  Valentine's  Subdivision  "A." 
to  the  new  Capitol  grounds,  and  to  place  and  maintain  in  such 
tunnel  the  necessary  conduits,  pipes  and  wires  for  the  purpose 
mveying  steam  and  electric  currents  from  its  power  house. 
situate  on  lot  7,  of  said  subdivision,  to  the  new  State  Capitol, 
now  being  constructed  under  the  direction  of  the  Board  of 
State  Capitol  Commissioners,  for  the  purpose  of  heating  and 
ighting  said  buildings,  but  upon  the  conditions  hereinafter 
prescribed. 

1618.  Sec.  2.  The  top  of  the  tunnel  authorized  to  be  con- 
structed under  the  preceding  section  of  this  ordinance  shall 
not  be  less  than  fifteen  (15)  feet  below  the  surface  of  Cedar 
street,  and  shall  be  constructed  under  the  direction  and  super- 

ntendence  of  the  Commissioner  of  Public  Works  of  the  City 

Paul,  and  pursuant  to  his  permit  authorizing  the  same, 

and  shall  be  so  constructed  and  protected  that  it  shall  not  dis- 

rb  the  surface  of  the   street,   and   shall   not   interfere   with 

my  sewer,  water,  gas  or  other  pipes  or  conduits  now  in  place. 


591 

1619.  Sec.  3.  The  State  of  Minnesota  shall  at  all  times 
indemnify  and  save  harmless  the  City  of  St.  Paul  from  all 
damages  which  it  may  in  any  way  sustain  in  consequence  of 
the  construction  and  maintenance  of  such" tunnel. 

1620.  Sec.  4.  The  State  of  Minnesota,  by  and  through  its 
Board  of  State  Capitol  Commissioners,  within  thirty  days 
after  the  passage  and  publication  of  this  ordinance,  shall  file 
in  the  office  of  the  City  Clerk  its  written  acceptance  thereof, 
and  an  agreement  upon  its  part  to  abide  by  and  keep  all  of  the 
terms  and  conditions  herein  contained,  such  acceptance  to  be 
in  such  form  as  shall  be  approved  by  the  Corporation  At- 
torney. 

Sec.  5.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  publication  and  acceptance,  as  here- 
inbefore provided. 

ST.  CROIX  LUMBER  COMPANY. 

Ordinance  No.  468. 

(Approved  January  7,  1885. 1 

1621.  An    Ordinance    granting    to   the    St.    Croix    Lumber 

Company  the  right  to  improve  and  occupy  a  part 
of  the  public  levee  in  the  Sixth  ward  of  the  City 
of  St.  Paul. 
The  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 
fi  ill'  iws  : 

I      Permission  and  authority   is  hereby   given   and 
granted  for  and  during  five  (5)  years  from  Jan.   I.  L885,  unto 
the   St.  Croj\   Lumber  Company,  and   its  successors  and 
signs,  to  improve,  use  and  occup)  the  public  landing  or  l« 
in  the  Sixth  ward  of  St.  Paul,  or  so  much  thereof  as  it  may 
find   necessar)    for   its  business,  between   the   following   Hues 
or  boundaries,  viz.:     Between  the  west   line  of  Amb's    \.ddi 
tion   prolonged   into   the    Mississippi   river,  and   the  easl    line 
prolonged  into  said  river,  of  Dunwell  &  Spencer's   Addition  to 
Wesl  St.  Paul,  Minnesota;  and  to  construe!  and  use  whai 
and  piers  on  the  margin  of  said  river,  on  and  adjai  en1  to  Baid 
portion  of  said   levee,  and   to  construct,  locate  and  opei 


598 

machinery  on  said  portion  of  said  levee,  for  the  purpose  of 
loading  and  unloading  boats  and  barges  of  said  company  at 
said  point. 

1622.  Sec  ".'.  The  said  St.  Croix  Lumber  Company  shall 
at  all  times  defend  and  save  harmless  the  City  of  St.  Paul  from 
any  and  all  damages,  expenses,  and  suits  arising  and  growing 
.•ut  of  the  passage  of  this  ordinance. 

1623.  Sec.   3.     The   use   of  said   levee,  and  the   machinery 
ted  and  operated  thereon,  as  herein  authorized,  shall  not 

unreasonably  obstruct  the  free  use  of  said  levee  as  a  street 
by  the  public,  and  the  boat  or  barge  of  any  person  may  be 
loaded  or  unloaded  free  of  charge  at  said  landing  so  improved 
by  the  said  St.  Croix  Lumber  Company,  whenever  there  shall 
not  be  any  other  safe  and  accessible  place  elsewhere  on  the 
public  levee  of  said  city  for  said  boat  to  land  or  unload  its 
cargo,  and  provided  such  loading  and  unloading  does  not  in- 
terfere with  the  loading  and  unloading  of  the  boats  and 
barges  of  said  company,  intending  hereby  to  give  the  boats 
and  barges,  and  there  is  hereby  given  the  boats  and  barges 
of  said  company,  at  all  times,  a  preference  and  prior  right  at 
the  wharf  or  pier  constructed  by  said  company;  provided  said 
company  by  loading  and  unloading  its  boats  and  barges  shall 
not  unreasonably  detain  or  delay  any  boat  or  barge  entitled 
under  this  ordinance  to  the  use  of  the  said  pier  or  wharf  con- 
structed by  said  company. 

1624.  I.  All  plans  for  building  piers  and  wharves, 
under  this  ordinance,  shall,  before  use,  be  submitted  to  and 
approved  by  the  engineer  of  said  city,  and  this  right  is  granted 
on  the  condition  that  said  company  shall,  within  six  months 
after  the  passage  of  this  ordinance,  expend  not  less  than  five 
hundred  dollars  ($500)  in  improving  the  wharf  and  landing  at 
the  point  herein  specified. 

1625.  Sec.  5.  The  City  of  St.  Paul  reserves  the  right,  any- 
thing herein  to  the  contrary  notwithstanding,  at  any  time  to 
c^rade  and  improve,  or  to  permit  the  United  States  to  grade 
and  improve,  in  such  manner  as  said  city  may  deem  proper, 

hat  portion  of  the  street  or  levee  herein  named,  and  also  to 
permit,  on  such  terms  and  conditions  as  it  may  deem  proper. 


599 

any  railroad  or  railroads  to  use  and  occupy  said  portion  of 
said  street  or  levee  herein  described. 

1626.  Sec.  6.  Said  company  shall,  within  thirty  (30)  days 
after  the  passage  of  this  ordinance,  file  in  the  office  of  the  city 
clerk  of  St.  Paul,  over  its  corporate  name  and  seal,  an  accept- 
ance of  the  terms  and  conditions  of  this  ordinance. 

Sec.  7.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

ST.  CROIX  LUMBER  COMPANY. 

Ordinance  No.   1863. 

(Approved  Feb.  5,  1896.) 

1627.  An    Ordinance    granting   to    the    St.    Croix    Lumber 

Company  permission  to  use  a  portion  of  the  levee 
in  the  Sixth  ward  of  the  City  of  St.  Paul. 
The  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows  : 

Sec.  1.  That  permission  and  authority  is  hereb)  given 
unto  the  St.  Croix  Lumber  Company  to  use  and  occupy,  to 
the  full  period  from  the  date  of  the  passage  of  this  ordinance 
until  July  1,  1916,  for  manufacturing  purposes,  to  wit:  For 
the  manufacturing  of  inside  finish  and  woodwork,  such  as 
doors,  sash  and  blinds,  and  things  incident  thereto,  that  por- 
tion of  the  levee  in  the  Sixth  ward  of  the  Citj  of  St.  Paul, 
described  as  follows,  to-wit:  Lots  eight  (8),  nine  (9),  ten 
(10)   and  eleven   (11),  of   Block   twenty   (20),  of   Brooklynd, 

pi  such  portion  of  said  lots  on  the  south  hue  as  the  city 
may  require  in  the  opening  of  a  streel  along  the  south  line  of 
said  lots;  provided,  thai  said  grantee  herein  named  shall  em- 
ploy in  their  said  business,  at  all  times  during  the  period  of 
this  franchise,  and  any  extension  thereof,  nol  less  than  thirty 

l'30)    men. 

This  granl  is  made  upon  th<  -  condition  thai  the 

grantee  herein  named  shall  pay  to  the  City  of  St.   Paul 
compensation  and    rental    for    the    privileges  herebj   granted, 
the  sum  of  one  ($1)  dollar  from  and  during  the  time  herein 

e  specified,  payable  annually   in  advai 


600 

That    permission    and    authority    is    hereby 

n  and  granted  to  the  said  grantee  to  erect,  construct  and 

naintain  on  said  lots  one  building  forty  ("40 )  feet  in  width  by 

indred   and   twenty    (120)    feet  in  length,  and  two    (2) 

n    height,   the   same   to  be   covered   with   corrugated 

And  also  one  engine  and  boiler  room  thirty   (30)   feet 

a  width  by  forty  i  10)  feet  in  length,  the  same  to  be  covered 

with  corrugated  iron.     All  of  the  same  to  be  built  under  the 

directions  and  according  to  the  instructions  of  the   Building 

Inspector  of  said  city  upon  the  proper  fee  therefor; 

And  Provided,  Further,  That  this  ordinance  shall  not  be 
construed  as  guaranteeing  or  warranting  any  of  the  rights 
hereby  granted;  and  provided,  further,  that  the  grantees 
herein  named  shall  complete  said  buildings  and  have  said 
-  in  operation  within  six  months  from  the  passage  of 
this  ordinance,  and  that  before  the  expiration  of  said  term,  as 
aforesaid,  or  in  case  said  term  is  extended,  said  buildings  shall 
be  removed  from  said  above-described  premises  by  said 
grantee,  and  in  case  of  failure  to  remove  said  buildings  as 
herein  stated,  the  same,  or  such  parts  thereof  as  may  remain 
upon  said  premises,  shall  become  the  property  of  the  City  of 
St.  Paul. 

1629.  See.  3.  Xo  rights  acquired  under  this  ordinance 
shall  be  transferred  to  any  other  corporation,  company,  per- 
son or  persons,  unless  the  consent  of  the  Common  Council  of 
said  city  shall  be  first  obtained. 

"It  is  expressly  agreed  and  understood  that  all  improve- 
ments and  buildings  erected  or  placed  upon  said  real  estate, 
and  the  interest  of  said  grantee  in  such  real  estate  for  the  pur- 
poses of  taxation,  and  all  taxes  assessed  on  account  thereof, 
shall  be  paid  prior  to  their  becoming  delinquent." 

1630.  Sec.  I.  Said  grantee  shall  and  will  forever  indem- 
nify and  save  harmless  the  said  City  of  St.  Paul  against  any 
and  all  damages,  claims,  costs  and  expenses  of  same  which  it 
nay  suffer,  or  that  may  be  recovered   or  obtained  from  or 

said  city  from  or  by  reason  of  the  growing  out  of   or 
ilting   from  the  passage  of    this  ordinance,  or  any  matter 


601 

or  thing  connected  therewith,  or  with  the  exercise  by  the 
said  grantee  of  the  privileges  hereby  granted. 

Sec.  5.  If  said  grantee  shall  fail  in  any  respect  to 
comply  with  the  provisions  of  this  ordinance,  then  all  the 
rights  and  privileges  hereby  granted  shall  be  Forfeited  to  said 
City  of  St.  Paid. 

1631.  Sec.  6.  If  the  said  grantee  herein  named  desires  an 
extension  of  the  privileges  hereby  granted  for  the  period  of 
twenty-five  (25)  years  from  and  after  the  first  day  of  July, 
1916,  and  shall  notify  the  Common  Council  of  the  City  of  St. 
Paul  to  that  effect  at  any  time  during  the  sixty  days  imme- 
diately preceding  the  first  day  of  July,  1916,  then  and  in  that 
case  the  City  of  St.  Paul  will  extend  the  rights  and  privileges 
hereby  granted  for  the  further  period  of  twenty-five  (25) 
years,  subject  to  the  same  conditions  and  limitations  as  in 
the  ordinance  specified. 

1632.  Sec.  7.  The  said  grantee  herein  shall  tile,  within 
thirty  days  after  the  publication  of  this  ordinance,  its  written 
acceptance  of  the  provisions  thereof,  the  same  to  he  ap- 
proved by  the  Corporation  Attorney. 

Sec.  8.  This  ordinance  shall  take  effect  and  he  in  force 
from  and  after  its  publication  and  acceptance  thereof,  as 
hereinbefore  provided. 

ST.  PAUL  ELECTRIC  MANUFACTURING  AND   CON- 
STRUCTION COMPANY. 
Ordinance   No.   1672. 

i  Approved  April  5,  ism:;,  i 

1633.  An   Ordinance  granting  permission   to   the   St.   Paul 

Electric    Manufacturing    and    Construction    Com- 
pany to  string  its  wires  upon  and  along  the  streets 
in  the  City  of  St.  Paul,  for  the  purpose  of  furnish- 
ing electric  light  and  power. 
Tin    Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows  : 

Sec.  I.  Thai  permission  and  authority  is  hereby  given 
and   -ranted   unto  the   St.    Paul    Electric   Manufacturine   and 


602 

-•.ruction  Compan)   to  string  its  wires  upon  and  along  the 

ts  in  the  City  of  St.  Paul,  for  the  purpose  of  furnishing 
trie  light  and  power,  on  such  poles  already  erected,  under 
ordinances  or  resolutions  already  in  force  in  said  city,  giving 
the  right  to  others  to  erect  and  maintain  such  poles  in,  along 
and  upon  the  streets,  lanes  and  alleys  of  the  City  of  St.  Paul. 
Such  wires  to  be  strung  and  maintained  under  the  direction 
and  supervision  of  the  city  engineer  of  said  city. 

But  said  company  shall  have  no  right  to  string  its  wires. 
upon    any   poles   that   shall   be   hereafter   erected    within   the 

ts  of  the  City  of  St.  Paul,  and  said  company  shall  have 
no  authority  to  establish  any  new  lines  under  the  provisions 
of  this  ordinance,  but  all  wires  to  be  strung  on  said  poles  shall 
be  so  strung  as  to  follow  the  dines  of  wires  already  on  said 
poles. 

The  common  council  hereby  expressly  reserves  the  right 
to  at  any  time  require  the  removal  of  any  and  all  such  wires 
from  any  of  said  streets,  lanes  or  alleys,  or  to  any  other  part 
of  said  street,  lanes  or  alleys,  and  to  at  any  time  require  any 
or  all  of  the  same  to  be  placed  underground,  in  such  manner 
as  the  common  council  may  direct. 

Before  the  said  St.  Paul  Electric  Manufacturing  and  Con- 
struction Company  shall  have  the  right  to  string  wires  upon 
any  poles  _  erected  for  that  purpose,  on  any  of  said  streets, 
lanes  or  alleys,  it  shall  fully  comply  with  all  the  provisions 
in  that  regard  prescribed  in  the  ordinance,  or  permission  au- 
thorizing the  corporation,  company  or  person  who  erected  and 
owns  the  same,  and  that  upon  compliance  with  such  provi- 

-  the  said  St.  Paul  Electric  Manufacturing  and  Construc- 
tion Company  shall  have  the  right  to  string  its  wires,  and  to 

the  same  under  the  terms  and  conditions  herein,  and  in 
said  other  ordinances  or  resolutions  prescribed. 

The  said  St.  Paul  Electric  Manufacturing  and  Construc- 
tion Company  shall,  as  a  condition  to  the  taking  effect  of  this 
ordinance,  give  a  bond  in  the  sum  of  five  thousand  dollars 
indemnifying  said  city  against  any  and  all  damages 
or  injuries  arising  out  of  the  exercise  of  the' privilege  hereby 
granted,  or  in  any  way  arising  out  of  the  construction  or 
maintenance  of  the  said  lines,  said  bond  to  be  approved  by 


603 

the  common  council,  and  at  its  own  expense  comply  with 
such  further  requirements  in -the  premises  as  the  common 
council   may  hereafter   require. 

The  said  St.  Paul  Electric  Manufacturing  and  Construc- 
tion Company  shall,  within  thirty  (30)  days  after  the  pas- 
sage of  this  ordinance,  file  with  the  city  clerk  a  written  ac- 
ceptance of  all  the  conditions  hereof,  the  form  of  such  accept- 
ance to  be  approved  by  the  corporation  attorney,  and  unless 
such  acceptance  is  furnished  within  the  required  time,  and 
said  lines  put  in  operation  within  the  time  aforesaid,  then  all 
the  provisions  hereof  are  hereby  revoked  and  withdrawn. 

1634.  Sec.  2.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  publication  and  acceptance,  as  afore- 
said. 

SAME. 

Ordinance  No.  1577. 

(Approved  February  25,  1892.) 

1635.  An   Ordinance  granting  permission  to  the   St.   Paul 

Electric  Manufacturing  and  Construction  Com- 
pany to  erect  poles  and  string  its  wires  upon  streets 
in  the  Sixth  ward  of  the  City  of  St.  Paul,  for  the 
purpose  of  furnishing  electric  light  and  power. 

The  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows  : 

l.  That  the  St.  Paul  Electric  Manufacturing  and 
Construction  Company  i-  hereby  granted  permission  to  ereel 
pole-,  and  to  string  wire-  thereon,  for  electric  lighting  and 
the  furnishing  of  power  along  and  upon  the  public  streets  in 
the  Sixth  ward  of  the  City  of  St.  Paul,  Minnesota,  upon  the 
termg  and  conditions  herein  stated,  under  the  supervision  of 
and  subjeel  t"  the  inspection  and  control  of  the  city  engii 
and  upon  and  under  the  following  conditions  and  instruct! 

to-wil  : 

Such  poles  -hall  be  thirty  five  (35)  fret  in  height  above 
tin-  ground,  and  shall  nol  be  less  than  fourteen  i  l  I  i  inche  in 
diameter  al  the  bottom  and  six  (6)  inches  at  the  top,  and  Bhall 
be  placed  at  such  depth  in  the  ground  as  the  city  engineer 


(ill  I 

direct  to  secure  their  safety;  they  shall  be  planed,  and 
shall  be  painted  a  dark  color  for  the  distance  of  six  (6)  feet 
from  the  ground,  and  from  that  point  to  the  top  they  shall  be 

ted  white;  they  shall  be  set  at  such  distances  apart  from 
each  other  and  at  such  places  in  the  streets  as  may  be  desig- 
nated by  the  city  engineer.  And  in  case  any  other  corpora- 
tion^, companies  or  persons  are  now,  or  shall  be,  at  any  time 
hereafter,  permitted  by  the  common  council  of  said  city  to 
erect  poles  or  string  its  wires  for  the  purpose  of  electric  light- 
ing in  said  city,  or  to  use  the  streets  of  said  city  for  the  purpose 
of  electric  fighting,  and  such  corporation  or  corporations, 
company  or  companies,  person  or  persons,  shall  desire  to  use 
the  poles  so  erected  by  said  St.  Paul  Electric  Manufacturing 
and  Construction  Company,  for  the  purpose  of  supporting 
wires  for  such  purpose,  such  corporation,  company  or  person 
shall  be  entitled  to  do  so  upon  the  paying  to  said  St.  Paul 
Electric  Manufacturing  and  Construction  Company,  or  its 
successors,  the  proportionate  share  of  the  cost  of  procuring 
and  erecting  such  poles,  to  be  determined  as  follows: 

Upon  the  erection  of  poles  upon  any  of  said  streets,  said 
St.  Paul  Electric  Manufacturing  and  Construction  Company 
shall  immediately  report  to  the  city  engineer  the  actual  cost 
of  such  poles,  and  the  erection  thereof,  and  said  city  engineer 
shall  ascertain  and  determine  the  actual  cost  of  the  said  poles, 
and  the  erection  thereof,  and  certify  the  amount  which  he 
shall  find  to  be  correct,  and  keep  a  record  thereof  in  his  office 
for  public  inspection. 

Upon  the  first  application,  as  aforesaid,  to  use  the  poles 
so  erected,  the  applicant  shall  pay  to  the  St.  Paul  Electric 
Manufacturing  and  Construction  Company  one-half  (y2)  of 
said  actual  cost  of  said  poles,  so  determined  by  said  city  en- 
gineer;  and  in  case  of  a  second  application,  the  applicant  shall 
pay  one-third  (1-3)  of  such  cost,  the  same  to  be  divided 
equally  between  the  said  St.  Paul  Electric  Manufacturing 
and  Construction  Company  and  the  first  applicant,  and  suc- 
cessive applicants  shall  pay  their  proportionate  share  of  said 
cost  in  like  manner,  and  the  same  to  be  divided  proportion- 
:ely  in  like  manner  as  above,  and  ail  applicants  so  paying 
their  proportional  share  of  said  cost  shall  become  and  be  by 


605 

common  consent  joint  owners  with  the  said  St.  Paul  Electric 
Manufacturing  and  Construction  Company  of  said  poles,  and 
shall  be  entitled  to  use  them  for  the  purpose  of  electric  light- 
ing; And  it  is  conditioned  that  if  any  other  corporation,  com- 
pany or  person  shall  procure,  or  has  procured  like  permission 
from  said  common  council  to  erect  poles  in  said  streets,  or 
any  of  them,  and  shall  have  actually  erected  its  poles  on  such 
street  or  streets,  then  the  permission  hereby  granted  is  with- 
drawn as  to  such  streets,  and  said  St.  Paul  Electric  .Manufac- 
turing and  Construction  Company  shall  he  restricted  to  using 
such  poles  already  erected,  or  as  may  be  erected  before  the 
St.  Paul  Electric   Manufacturing  and  Construction    Company 

shall  have  erected  its  poles  thereon,  under  like  conditions  as 

t 
herein  stated. 

1636.  Sec.  2.  Said  St.  Paul  Electric  Manufacturing  and 
Construction  Company  shall  at  all  times  obey  such  further 
and  additional  requirements  as  the  common  council  of  said 
city  shall  impose  in  the  premises,  and  shall,  when  so  required, 
remove  any  or  all  of  said  poles  and  wires  from  off  the  streets, 
at  its  own  cost  and  expense,  when  so  required  b)  said  common 
council;  and  also,  if  so  required,  place  any  or  all  of  said  wires 
under  ground  and  remove  the  poles,  at  its  own  expense.  And 
the  common  council  hereby  reserves  the  power  to  at  an)  time 
amend  or  repeal  this  ordinance,  and  nothing  herein  contained 
shall  be  deemed  to  grant  any  exclusive  rights  to  the  use  of 
said  streets  for  the  purpose  herein  contained. 

1637.  Sec.  :;.  The  said  St.  Paul  Electric  Manufacturing 
and  Construction  Company  hereby  assumes  all  liabilities  thai 
maj  be  caused  by  the  erection  of  such  poles  and  the  string 
ing  of  wires  thereon,  and  the  use  of  electric  light,  and  shall  at 
all  times  save  tin-  City  of  St.  Paid  harmless  therefrom,  and 
from  all  damages  arising  oul  of  the  us,-  or  exercise  of  any 
privileges  hereb)  granted,  and  the  erection  of  poles,  and  the 
maintenance  of  wires,  along  and  upon  an)  of  said  stre<  I  .  and 
shall  execute  and  deliver  to  said  city  a  bond  in  the  penal  sum 
of  five  thousand  doll;  000),  saving  the  cit)  harmless  in 
the  premisi  -.  I  Vii  >r  to  takin  I  of  this  ordinan<  e, 
bond  to  he  lirst  approved  1>\  the  corporation  attorney,  and  the 


606 

ation  of  any  of  the  provisions  of  this  ordinance  shall  ren- 
der the  same  null  and  void  at  the  election  of  said  common 
council. 

1638.  See.  !.  Said  St.  Paul  Electric  Manufacturing  and 
Construction  Company  shall,  within  thirty  (30)  days  after  the 
passage  and  approval  of  this  ordinance,  execute  and  file  with 
the  city  clerk  said  bond,  and  a  written  acceptance  of  all  the 
provisions  of  this  ordinance,  in  form  to  be  approved  by  the 
corporation  attorney,  otherwise  this  ordinance  shall  have-  no 
force  or  effect. 

Sec.  5.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  publication  and  the  filing  of  said  bond  and 
acceptance    aforesaid.  • 

SAME. 
Ordinance  No.  1558. 

(Approved  December  10,  1891.) 

1639.  An  Ordinance  permitting  the  St.  Paul  Electric  Man- 

ufacturing and  Construction  Company  to  string 
its  wires  upon  certain  streets  in  the  Sixth  ward 
of  the  City  of  St.  Paul,  for  the  purpose  of  furnish- 
ing -electric  light  and  power. 

The  Common  Council  of  the  City  of  St.   Paul   do  ordain  as 
follows : 

Sec.  1.  That  the  St.  Paul  Electric  Manufacturing  and 
Conduction  Company  is  hereby  grante'd  permission  to  string 
its  wires  for  the  purpose  of  furnishing  electric  light  and  power, 
on  such  poles  already  erected,  or  as  may  hereafter  be  erected, 
under  ordinances  or  resolutions  already  in  force  in  said  city, 
giving  the  right  to  others  to  erect  and  maintain  such  poles  in 
and  along  the  following  streets,  in  the  Sixth  ward  of  the  City 
of  St.  Paul,  to-wit: 

On  South  Wabasha  street,  from  the  bridge  crossing  the 
Mississippi  river  to  Congress  street;  on  Congress  street,  from 
South  Wabasha  street  to  Concord  street;  on  Concord  street, 
from  Congress  street  to  Page  street ;  on  Fillmore  avenue,  from 
South  Wabasha  street  to  South  Robert  street ;  such  wires  to 


"be  strung  and  maintained  under  the  direction  and  supervision 
■of  the  city  engineer  of  said  city. 

The  common  council  hereby  expressly  reserves  the  right 
tc  at  any  time  require  the  removal  of  any  and  all  such  wires 
from  any  of  said  streets,  or  to  any  other  part  of  said  streets, 
and  to  at  any  time  require  any  or  all  of  the  same  to  be  placed 
tinder  ground,  in  such  manner  as  the  common  council  may 
direct. 

Before  the  said  St.  Paul  Electric  Manufacturing  and  Con- 
struction Company  shall  have  the  right  to  string  wires  upon 
any  poles  erected  for  that  purpose  on  any  of  said  streets,  it 
shall  fully  comply  with  all  the  provisions  in  that  regard  pre- 
scribed in  the  ordinance,  or  permission  authorizing  tin-  cor 
poration,  company  or  person  who  erected  and  owns  the  same, 
and  that  upon  compliance  with  such  provisions  the  said  St. 
Paul  Electric  Manufacturing  and  Construction  Company 
shall  have  the  right  to  string  its  wires,  and  to  use  the  same 
•under  the  terms  and  conditions  herein,  and  in  said  other  ordi- 
nances or  resolutions  prescribed. 

The  said  St.  Paul  Electric  Manufacturing  and  Construc- 
tion Company  shall,  as  a  condition  to  the  taking  effect  of  this 
ordinance,  give  a  bond  in  the  sum  of  five  thousand  dollars 
($5,000),  indemnifying  said  city  against  any  and  all  damages 
or  injuries  arising  out  of  the  exercise  of  the  privileges  hereby 
granted,  or  in  any  way  .arising  mil  of  the  construction  or  main- 
tenance of  the   --aid   lines  and  poles,  said   bond   t . .  he  approved 

b\   the  common  council,  and  at  its  own  expense  comply  with 
such    further  requirements  in   the   premises  as   the  common 

Council  may  hereafter  require,  and  shall  string  said   wins  and 
put    -aid    line-    in    operation    within    six    (  ii  i    months    from    the 

passage  of  this  , ordinance. 

The  said  St.  Paul  Electric  Manufacturing  and  Construc- 
tion Company  shall,  within  thirt)   (30)  days  after  the  passage 

of  this  ordinance,  file   with   the  city  clerk   a   written  acceptance 

of  all  the  conditions   hereof,  the  form  ol     uch  acceptance  to 
be  firsl  approved  by  the  corporation  attorney,  and  unless  such 

furnished   within   the  required   time,  and 
lines  put  in  operation  within  the  time  aforesaid,  then  all  the 
provisions  hereof  arc  hereby  revoked  and  withdrawn. 


608 

1640.  Sec.  •.'.     This  ordinance  shall  take  effect  and  be  in 

i  from  and  after  its  publication  and  acceptance,  as  afore- 
said. 

ST.  PAUL  GAS  LIGHT  COMPANY. 

'See.  also,  §§  1561-1598  of  this  compilation.) 

Ordinance  No.  595. 

i  Approved  December  5,  1885.) 

1641.  An  Ordinance  to  authorize  the  St.  Paul  Gas  Light 

Company   to   occupy   certain   streets   for   the   pur- 
pose of  electric  lighting. 

The  Com nidii   Council  of  the  City  of  St.   Paul   do  ordain  as 

fi  »11(  >ws : 

Sec.  1.  The  St.  Paul  Gaslight  Company  is  hereby  au- 
thorized to  erect  poles,  wires  and  other  needful  appliances  for 
electric  light  on  the  following  streets,  to-wit :  Hoffman, 
Maria  and  Bates  avenues,  and  Commercial,  Conway,  Cherry, 
Maple.  Plum.  Hudson  and  Euclid  streets,  in  the  Fifth  ward ; 
also,  Eaton,  Fillmore.  Fairfield.  Indiana.  Chicago  and  Plato 
avenues,  and  Stickney,  Custer,  Hubert,  Ducas,  Eva,  Robert- 
son, State,  Channel  and  Terrace  streets,  in  the  Sixth  ward; 
provided,  that  all  such  poles  shall  be  erected  under  the  direc- 
tion and  supervision  of  the  city  engineer. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

SAME. 
Ordinance  No.  1219. 

(Approved  September  7,  1889.) 

1642.  An  Ordinance  to  authorize  the  St.   Paul  Gas  Light 

Company  to  erect  electric  light  poles  within  the 
city  limits  of  the  City  of  St.  Paul. 

The  Common   Council   of  the   City  of   St.   Paul   do  ordain  as 
follows : 

Sec.  1.     That  authority  is  hereby  granted  to  the  St.  Paul 
Light  Company  to  erect  and  maintain  electric  light  poles, 


609 

and  to  string  wires  thereon,  on  the  west  side  of  Franklin 
street,  between  West  Third  street  and  Irvine  Park,  in  said 
city. 

Sec.  2.  All  poles  erected  under  this  ordinance  shall  be 
planed  and  painted,  and  shall  be  of  such  size,  and  shall  be 
placed  at  such  points  on  the  margin  of  the  sidewalks,  as  shall 
be  designated  by  the  city  engineer,  and  shall  be  erected,  and 
said  wires  strung  thereon,  under  the  supervision  and  subject 
to  the  inspection  and  control  of  said  city  engineer. 

Sec.  3.  When  so  ordered  by  the  common  council,  the 
St.  Paul  Gas  Light  Company  shall  remove  these  poles  and 
pnt  their  wires  underground  within  sixty  (60)  days  from  the 
date  of  said  order. 

Sec.  4.  This  ordinance  shall  be  in  force  from  and  after 
its  passage. 


SAME. 

Article  LXXX.,  Municipal  Code  1884. 

I  See,  also,  §§  1561-1598,  "St.  Paul  Gas  Light  Company.") 

1643.  Sec.  L6.  That  the  privilege  is  hereby  granted  said 
St.  Paul  Gas  Light  Company  to  erect  such  telegraph  poles  in 
the  streets  of  the  City  of  St.  Paul,  at  such  place  or  places,  and 
on  such  streets  as  nia\  be  approved  by  said  common  council, 
ruder  the  supervision  of  the  city  engineer;  such  poles  and 
win-,  or  either  of  them,  to  be  subject  to  removal  to  such  place 
or  places  as  the  common  council  may  at  any  time  direct,  at 
the  cost  and  expense  of  said  company.     The  said  St.  Pan!  i 

Light    Company    hereby    assumes    all    liabilities    thai    may    be 

i  d  by  thi  in  of  such  poles  and  the  use  of  said  elec 

trie    light,    and    shall    at    all    times    gave    the    City    of    St.    Paul 

harmless  therefrom,  and  from  all  dan  wing  out  th<  • 

and  -aid  company  shall  use  none  bul  insulated  wires.  Noth- 
ing herein  contained  shall  gn  said  St.  Paul  Gas  Light 
Company  th<               ve  privilege  of  using  the  electric  li.^ht  in 

the  City  of  St.    Paul.      The  riidit    tO  in  any  manner  amend   this 

ordinance  al  any  time  is  h<  reb)  i  d. 

I 


610 

1644.  Sec.  L7.  That  the  St.  Paul  Gas  Light  Company  be 
and  it  is  hereby  permitted  to  erect  poles  for  stringing  wires 
for  electric  lighting  upon  the  following  named  streets  in  said 
city,  to-wit :  Third  street.  Fort  street,  Wabasha  street, 
Robert  street.  Jackson  street,  Sibley  street,  Wacouta  street, 
Fifth  street.,  Seventh  street,  Rosabel  street  and  Broadway, 
under  the  supervision  of,  and  subject  to  the  inspection  and 
control  of,  the  city  engineer,  and  upon  and  under  the  follow- 
ing conditions  and  instructions,  to-wit:  Such  poles  shall  be 
thirty-five  (35)  feet  in  height  above  the  ground,  and  shall  not 
be  less  than  ten  (10)  inches  in  diameter  at  the  bottom  and 
inches  in  diameter  at  the  top ;  they  shall  be  planed, 
and  shall  be  painted  a  dark  color  for  the  distance  of  six  (6) 
feet  from  the  ground,  and  from  that  point  to  the  top  they 
shall  be  painted  white.  They  shall  be  set  one  hundred  and 
forty  (140)  feet  apart,  except  otherwise  expressly  permitted 
by  the  city  engineer;  and  in  case  any  other  corporations, 
companies  or  persons  are  now,  or  shall  be  at  any  time  here- 
after, permitted  by  the  common  council  of  said  city  to  erect 
poles  or  string  its  wires  for  the  purpose  of  electric  lighting 
in  said  city,  or  to  use  the  streets  of  said  city  for  the  purpose 
of  electric  lighting,  and  such  corporation  or  corporations, 
company  or  companies,  person  or  persons,  shall  desire  to  use 
the  poles  so  erected  by  said  St.  Paul  Gas  Light  Company  for 
the  purpose  of  supporting  the  wires  for  such  purpose,  such 
corporations,  companies  or  persons  shall  be  entitled  to  do  so 
upon  paying  to  said  St.  Paul  Gas  Light  Company,  or  its  suc- 
cessors, the  proportionate  share  of  the  cost  of  .procuring  and 
erecting  such  poles,  to  be  determined  as  follows:  LTpon  the 
erection  of  poles  upon  any  of  said  streets,  said  St.  Paul  Gas 
Light  Company  shall  immediately  report  to  the  city  engineer 
the  actual  cost  of  such  poles  as  erected,  and  said  city  engineer 
shall  ascertain  and  determine  the  actual  cost  of  said  poles  so 
erected,  and  certify  the  amount  which  he  shall  find  to  be  cor- 
rect, and  keep  a  record  thereof  in  his  office  for  public  inspec- 
tion. Upon  the  first  application,  as  aforesaid,  to  use  the  poles 
so  erected,  the  applicant  shall  pay  the  St.  Paul  Gas  Light 
Company  one-half  of  said  actual  cost  of  said  poles,  so  deter- 
ined  by  said  city  engineer';  and,  in  case  of  a  second  appli- 


611 

cation,  the  applicant  shall  pay  one-third  (1-3)  of  such  cost, 
the  same  to  be  divided  equally  between  the  St.  Paul  Gas  Light 
Company  and  the  first  applicant;  and  successive  applic; 
shall  pay  their  proportionate  share  of  such  cost,  the  same  to 
be  divided  proportionately  in  like  manner:  and  all  applicants 
so  paying  their  proportionate  share  of  the  cost  of  said  poles 
shall  become  and  be  by  common  consent  joint  owners  with 
said  St.  Paul  Gas  Light  Company  of  said  poles,  and  shall  be 
entitled  to  use  them  for  the  purpose  of  electric  lighting.  And 
it  is  conditioned  that  if  any  other  corporations,  companies  or 
persons  shall  procure  like  permission  from  said  common  coun- 
cil to  erect  poles  on  said  streets,  or  any  of  them,  and  shall 
actually  erect  its  poles  on  any  of  said  streets  before  said  St. 
Paul  Gas  Light  Company  shall  have  erected  its  poles  on  such 
street,  then  the  permission  hereby  granted  is  withdrawn,  and 
said  St.  Paul  Gas  Light  Company  shall  be  restricted  to  using 
such  poles  then  already  erected,  under  like  conditions  as 
herein  contained;  and  it  is  expressly  conditioned  and  pro- 
vided that  in  case  said  St  Paul  Gas  Light  Company  shall  re- 
fuse to  allow  any  applicant  to  use  its  poles  upon  payment  of 
the  proportionate  amount  therefor,  and  to  sell  to  said  appli 
cant  such  proportionate  pan  >>\  said  poles  as  herein  provided, 
thereupon  the  right  of  said  St.  Paul  Gas  Lighl  Company 
■  and  maintain  its  poles  upon  the  streets  of  said  cit)  shall 

■.    and    the    same    shall    be    forthwith    removed    from    such 

ts,  or  any  of  them,  upon  and  under  the  order  ami  direc 
tion  of  the  common  council,  and  ii  is  expreslj   provided,  that 
the  acceptance  of  this  permission  bj   said  Si.  Paul  Gas  Light 
Company,  either  1»>    resolution  of  the  board  of  directors,  ■" 
by  acting  hereunder  in  tin-  erection  of  it-  poles,  shall  be  an 
ptance  of  all  the  conditions  and  provisions  herein  con 
tained,   and   it    i-    further    provided,    that    the    rights    herebj 
granted  are  further  subject  to  all  the  conditions  and  require- 
ments of  the  ordinance  heretofi  i  e3  allowing   said   St. 
Paul  ' las  I .i'-dit  Compan;  j  tor  the 
erection  of  poles  for  the  purp            electric  lighti 
I  Res<  'hit  i<  mi  appri  »>  ed    \ pril  G,  I 


012 


Ordinance  No. 


(Approved  November  9,  1905.) 

1645.  \\  hereas,  under  Ordinance  No.  2424,  approved  Jan. 
81,  L904,  entitled  "An  Ordinance  granting  to  the  St.  Paul  Gas 
Light  Company  certain  rights,  privileges  and  authority  to 
occupy  and  use  streets,  alleys,  lanes,  bridges,  parks  and  public 
-rounds  of  the  City  of  St.  Paul  for  the  purpose  of  supplying 

for  all  purposes,  and  regulating  certain  electric  franchises, 
and  for  the  repeal  of  certain  ordinances  and  resolutions,"  it 
was  provided,  by  section  25  thereof  that,  when  ordered  so  to 
do  by  the  Common  Council,  the  said  St.  Paul  Gas  Light  Com- 
pany would  extend  any  of  the  lines  operated  by  it  under  any 
of  the  franchises  described  in  said  ordinance  for  the  furnish- 
ing of  electric  light,  upon  the  condition  that  there  should  first 
be  presented  to  said  Council  a  petition  for  such  extension  by 
persons  who  would  agree  to  become  consumers  of  electric 
light  along  the  line  of  such  extensions,  and  whose  houses  or 
buildings  were  wired  and  equipped  throughout  for  the  use  of 
such  electric  light;  and 

1646.  Whereas,  it  is  for  the  public  interest  that  said  St. 
Paul  Gas  Light  Company  extend  certain  of  the  lines  now 
operated  by  it  under  the  franchises  described  in  said  ordin- 
ance, throughout  certain  portions  of  the  Fifth,  Seventh, 
Eighth  and  Ninth  wards  of  said  city,  in  order  to  provide  the 
people  of  those  districts  with  electric  light;  and 

1647.  Whereas,  said  St.  Paul  Gas  Light  Company  has 
agreed  to  waive  the  requirement  of  a  petition  as  provided  by 
said  section  25,  for  the  extension  hereinafter  provided,  and  has 
signified  its  willingness  to  obey  an  order  of  the  Common 
Council  for  the  extension  of  its  wires  for  the  transmission  of 
electric  current  for  electric  light  as  hereinafter  provided ; 

1648.  Now,  therefore,  resolved,  that  the  said  St.  Paul  Gas 
Light  Company  is  hereby  ordered  and  directed,  pursuant  to 
the  provisions  of  said  secticm  25,  to  extend  its  electric  line  as 
follows,  to-wit: 

By  erecting  poles  and  stringing  wires  thereon  for  the 
transmission  of  electricity  for  electric  light  in  the  following 
streets  in  the  Fifth,  Eighth  and  Ninth  wards  of  said  city: 


613 

On  Smith  avenue,  in  the  Fifth  ward,  from  Third  street 
to  Walnut  street;  on  Walnut  street,  from  Smith  avenr, 
Pleasant  avenue;  on  Mackubin  street,  in  the  Eighth  ward, 
from  Rondo  street  to  Carroll  street,  and  on  the  north  side  of 
Thirteenth  street,  in  the  Ninth  ward,  from  Robert  street  to 
Jackson  street. 

By  erecting  poles  and  stringing  wires  thereon  for  the 
transmission  of  electricity  for  electric  light  in  the  following 
alleys  in  the  Seventh  and  Eighth  wards : 

In  the  alleys  through  the  block  between  Carroll  street  and 
Rondo  street,  in  the  Eighth  ward  from  Western  avenue  to 
Arundel  street,  and  from  Mackubin  street  to  Kent  street  ;  in 
the  alleys  through  the  blocks  between  Summit  avenue  and 
Portland  avenue,  in  the  Seventh  ward,  from  Lexington  avenue 
to  Dunlap  street,  and  "in  the  alleys  through  the  blocks  between 
Grand  avenue  and  Summit  avenue,  in  the  Seventh  ward,  from 
Lexington  avenue  to  Dunlap  street,  thence  on  Dunlap  street 
to  alley  between  Lincoln  and  Goodrich  avenues. 

1649.  All  of  said  extensions,  poles  and  wires  shall  he  erect- 
ed and  constructed  tinder  the  direction  and  supervision  "I  tin' 
Commissioner  of  Public  Works,  and  in  all  things  subject  to 
the  provisions  of  said  Ordinance  No.  2424,  and.  of  all  Other 
lawful  ordinances  and  resolutions  of  the  Citj   <>t~  St.   Paul. 

1650.  All  said  extensions  shall  he  fully  completed  and  in 
operation  wit  Inn  six  (6)  months  after  the  passage  of  this  reso 
lution,  provided  that  the  months  of  December,  January,  Feb- 
ruary, March  ami  April  shall  n"i  he  counted  in  computing  the 

time  within  which  such  extension  -hall  he  made,  and  pro- 
vided further,  that  said  companj  shall  nol  be  held  respon- 
sible for  any  delay  in  placing  any  portion  of  such  extensions 
in  operation,  which  is  dm-  to  inabilit)  to  obtain  the  necessary 
righl  of  way  over  private  propertj  upon  reasonable  terms, 
where  such  right  of  way  is  n<  in  order  to  conned  any 

pan  of  such  'tis  with  any  other  portions  of  the 

tem  herein  ordered. 

1651.  All  poles  shall  he  sel  in  such  location  in  said  stn 
and  alleys  a-  tin-  Commissioner  of  Public  Works  shall  d< 
nate,  and  shall  be  of  such  heighl   and  character  a-  he  shall 


<;i  i 

iate  and  approve,  and  any  and  all  of  such  poles  shall  be 
taken  down  and  removed,  and  said  wires  placed  under  ground, 
whenever  the  Common  Council  shall  deem  that  the  public  in- 
requires,  and  when  it  shall  so  order. 

ST.  PAUL  HOOP  MANUFACTURING  COMPANY. 
Ordinance  No.  1594. 

(Approved  May  12.  1802.) 

1652.         An  Ordinance  granting  unto    the    St.    Paul    Hoop 
Manufacturing  Company  permission  to  use  a  por- 
tion of  the  levee  in  the  Sixth  ward  of  the  City  of 
St.  Paul. 
The  Common   Council  of  the   City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  That  permission  and  authority  is  hereby  given 
and  granted  unto  the  St.  Paul  Hoop  Manufacturing  Company 
to  use  and  occupy  for  the  full  period  from  the  date  of  the  pass- 
age of  this  ordinance  until  July  1,  1916,  for  the  manufacturing 
purposes,  viz.,"  manufacturing  wrooden  hoops,  cooperage  stock 
and  general  cooperage,  and  all  things  necessary  and  incident 
thereto,  that  portion  of  the  levee  in  the  Sixth  ward  of  the 
City  of  St.  Paul,  described  as  follows,  to-wit:  Lots  three  (3), 
four  Mi.  five  i")).  and  six  (6),  of  block  one  hundred  and 
eighty-three  (183),  in  Robertson's  addition  to  West  St.  Paul, 
except  the  northerly  ten  (10)  feet  thereof. 

Provided,  that  the  grantees  herein  named  shall  employ 
in  their  said  business,  at  all  times  during  the  term  of  this 
franchise,  a  monthly  average  per  year  not  less  than  twenty- 
five  ( 25  i  men. 

This  grant  is  made  upon  the  express  condition  that  the 
grantees  herein  named  shall  pay  to  the  City  of  St.  Paul,  as 
compensation  and  rental  for  the  privileges  hereby  granted, 
the  sum  of  one  dollar  ($1)  per  annum  for  and  during  the 
time  hereinabove  specified,  payable  annually  in  advance. 

2.  That  permission  and  authority  is  hereby 
ven  and  granted  unto  the  said  the  St.  Paul  Hoop  Manufac- 
ring  Company  to  erect,  construct  and  maintain  on  said  lots 


615 

three  (3),  four  (4)  and  five  (5)  and  six  (6),  block  one  hundred 
and  eighty-three  (183),  in  Robertson's  addition  to  West  St. 
Paul,  a  stone  or  brick  veneered  building  sixty  (60)  by  one 
hundred  (100)  feet,  and  not  less  than  two  (2)  stories  high, 
which  building  shall  be  built  under  the  directions  and  accord- 
ing to  the  instructions  of  the  building  inspector  of  said  city, 
upon  obtaining  a  permit  so  to  do,  and  of  the  payment  of  the 
proper  fee  therefor. 

And  provided  further,  that  this  ordinance  shall  not  be 
construed  as  guaranteeing  or  warranting  am  of  the  rights 
hereby  granted. 

And  provided  further,  that  grantees  herein  named  shall 
complete  the  building  and  have  said  business  in  operation  by 
Jan.  1,  1894,  and  that  before  the  expiration  of  said  term  as 
aforesaid  said  building  shall  be  removed  from  said  above  de- 
scribed premises  by  said  grantee;  and  in  case  of  failure  to  re- 
move said  building  within  said  time,  the  same,  or  such  parts 
thereof  as  may  hereafter  remain  on  said  premises,  shall  be- 
come the  property  of  said  City  of  St.  Paul. 

(As  amended  by  Ord.  1679,  May  2,  1893,  §  1.) 

1654.  Sec.  '■'>.  No  rights  acquired  under  this  ordinance 
shall  be  transferred  to  any  other  corporation,  company,  per* 
son  or  persons,  unless  the  consent  of  the  common  council  of 
said  <ii\  shall  first  be  obtained. 

1655.  Sec.  I.  Said  grantee  shall  and  will  forever  indem- 
nify and  save  harmless  the  said  City  of  St.  Paul  againsl  any 
and  all  damages,  judgments,  claim-,  costs  and  expenses  of 
same  which  it  may  suffer  or  thai  may  be  recovered  or  obtained 
from  or  againsl  said  cit)  from  or  1>\  reason  of  the  growing 
oul  of  or  resulting  from  the  p  of  this  ordinance,  or  any 
matter  or  thing  connected  therewith,  or  with  the  exercise  by 
sai'l  grantee  of  the  privileges  hereby  granted. 

1656.  Sec.  5.     It  -ai<l  grantees  shall  fail  in  an)   respeel  to 
comply  with  the  provisions  of  this  ordinance,  then  all  ri 
and  privileges  hereby  granted  shall  be  forfeited  to  the  Citj  of 
St.  Paul. 

1657.  Sec.  6.  The  said  ■  hall  file  with  the  clerk 
within  thirty  (30)  days  after  the  publication  of  this  ordinance 


616 

its  written  acceptance  of  the  provisions  thereof,  the  same  to 
be  approved  by  the  corporation  attorney. 

Sec.  7.     This  ordinance  shall  take  effect  and  be  enforced 
from   and   after  this  publication   and   the   acceptance  thereof, 
irovided  in  section  >ix  (6)  of  this  ordinance. 

ST.  PAUL  LIME  AND  CEMENT  CO. 

(W.  D.  Stewart  and  John  F.  Pearce.) 

Ordinance  No.  2237. 

(Approved  December  20,  1901.) 

1658.  An  Ordinance  granting  unto  W.  D.  Stewart  and 
John  F.  Pearce,  doing  business  as  the  St.  Paul 
Lime  &  Cement  Company,  permission  to  erect  a 
corrugated  iron  building  on  Lot  13,  of  Subdivision 
of  Lot  1,  Block  31,  St.  Paul  Proper. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows  : 

1.  That  permission  be  and  it  is  hereby  granted  unto. 
W.  I).  Stewart  and  John  F.  Pearce,  doing  business  as  The 
St.  Paul  Lime  &  Cement  Company,  to  construct  and  erect  a 
corrugated  iron  building  sixty  (60)  feet  by  thirty-five  (35) 
feet,  with  a  gravel  roof,  upon  Lot  13,  of  Subdivision  of  Lot  1, 
St.  Paul  Proper,  same  being  situated  at  the  north- 
rner  of  Second  and  Jackson  streets,  said  building  to  be 
used  for  storage  of  building  material  not  of  an  inflammable 
nature. 

Sec.  2.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 


617 

ST.  PAUL  ROOFING  AND  CORNICE  COMPANY. 

Ordinance  No.  1678. 

(Approved  May  4,  1893.) 

1659.  An  Ordinance  consenting  to  the  transfer  and  assign- 
ment to  the  St.  Paul  Roofing  and  Cornice  Com- 
pany, by  L.  T.  Lefebvre  and  R.  S.  Deslauriers,  co- 
partners as  Lefebvre  &  Deslauriers,  of  the  rights 
and  privileges  granted  to  them  by  Ordinance  No. 
1531. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  Whereas,  by  ordinance  number  fifteen  hundred 
and  thirty-one  (1531),  approved  Aug.  27,  1891,  the  common 
council  did  grant  to  Lefebvre  &  Deslauriers  permission  and 
authority  to  use  and  occupy  for  manufacturing  purposes,  for 
the  period  of  twenty-five  (25)  years,  from  July  1,  1891,  in  the 
line  of  business  in  which  they  were  engaged,  to-wit,  manufac- 
turing cornice  and  sheet  metal  articles,  that  portion  of  the 
levee  in  the  Sixth  ward  of  the  City  of  St.  Paul,  described 
as  follows:  Lots  one  (1),  two  (2),  three  (3)  and  four  (  I )  of 
block  A  of  Robertson's  addition  to  Wes1  St.  Paul,  subject  to 
the  provisions  of  said  ordinance. 

And,  whereaSj  they  have  caused  to  be  formed  a  corpora 
tiop,  under  the  provisions  of  the  laws  of  the  State  of  Minne 
sota,  known  as  "The  St.  Paul  Roofing  and  Cornice  Company," 
which  is  tu  succeed  to  and  carry  on  the  manufacturing  busi- 
ness formerly  carried  on  by   them  in  the  Sixth   ward  of  the 
City  of  St.  Paul,  and  they  desire  t..  transfer  and  assign  to  said 
corporation  all  the  rights  acquired  In    them  under  said  ordi 
nance. 

Permission  and  authority  is  hereby  granted  to  tin-  said 
Lefebvre  &  Deslauriers  to  assign  and  transfer  to  the  3aid 
poratioh,  the  St.  Paul  Roofing  and  Cornice  Company,  all  the 
rights  and  privileges  granted  to  and  acquired  1>\  them  b) 
ordinance  number  fifteen  hundred  and  thirt)  one  (1531),  and 
the  common  council  does  hereb)  consent  to  such  transfer  and 
•ninent,  subject,  however,  to  the  compliance  by  said  St. 
Paul  Roofing  and  Cornice  Company  from  the  time  this  ordi 


618 

nance  shall  go  into  effect,  with  the  terms,  conditions  and  pro- 
ns  of  said  ordinance  number  fifteen  hundred  and  thirty- 
one   (1531),  to  be  by   the  said   Lefebvre  &  Deslauriers  com- 
plied with,  and  subject  to  all  the  rights  reserved  to  the  City 
•    Paul  b)    the  provisions  of  said  ordinance. 

1660.  Sec.   2.     That   said   St.     Paul    Roofing    and    Cornice 
•any    shall    tde    with    the    city    clerk,    within    thirty    (30) 

days  after  the  publication  of  this  ordinance,  its  written  accept- 
ance of  the  provisions  hereof,  the  same  to  be  first  approved  by 
the  corporation  attorney. 

Sec  '■'>.  This  ordinance  will  take  effect  and  be  in  force 
from  and  after  the  publication,  and  the  acceptance  thereof  as 
provided  in  section  two  (?)  of  this  ordinance. 

ST.  PAUL  ROOFING,  CORNICE  AND  ORNAMENT 

COMPANY. 

Ordinance  No.  1760. 

(Approved  May  21,  1894.) 

1661.  An  Ordinance  consenting  to  the  transfer  and  assign- 

ment to  St.  Paul  Roofing,  Cornice  and  Ornament 
Company  of  the  rights  and  privileges  granted  to 
Le  Febvre  &  Des  Lauriers,  by  Ordinance  No.  1531, 
and  by  them  assigned  to  St.  Paul  Roofing  and  Cor- 
nice Company,  pursuant  to  Ordinance  No.  1678. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows  : 

1.  Whereas,  by  ordinance  number  fifteen  hundred 
and  thirty-one  (1531),  approved  August  27,  1891,  the  common 
council  did  grant  to  Le  Febvre  &  Des  Lauriers  permission  and 
authority  to  use  and  occupy  for  manufacturing  purposes  for 
the  period  of  twenty-five  (25)  years  from  July  1,  1891,  in  the 
line  of  business  in  which  they  were  then  engaged,  -to- wit: 
Manufacturing  cornice  and  sheet  metal  articles,  that  portion  of 
the  levee  in  the  Sixth  ward  of  the  City  of  St.  Paul,  described 
as  follows:  Lots  one  (1),  two  (2),  three  (3)  and  four  (4), 
of  block  A  of  Robertson's  addition  to  West  St.  Paul,  subject 
t<    the  provisions  of  said  ordinance; 


619 

1662.  And  whereas,  by  ordinance  number  sixteen  hundred 
and  seventy-eight  (1678),  permission  was  granted  by  the 
common  council  to  the  said  Le  Febvre  &  Des  Lauriers  to  as- 
sign tp  the  St.  Paul  Roofing  and  Cornice  Company  the  rights 
and  privileges  granted  to  them  by  said  ordinance  number  tit- 
teen  hundred  and  thirty-one  (1531),  and  they  did  so  assign 
the  same,  subject  to  the  compliance  by  the  said  St.  Paul  Roof- 
ing and  Cornice  Company  with  the  terms,  conditions  and  pro- 
visions of  said  ordinance  number  fifteen  hundred  and  thirty- 
one  (1531)  by  them  to  be  complied  with; 

And  whereas,  said  St.  Paul  Roofing  and  Cornice  Company 
became  insolvent,  and  on  the  nineteenth  day  of  February, 
1801,  made  a  general  assignment  of  all  its  property  for  the 
benefit  of  its  creditors  to  Joseph  Haag,  and  he  sold  and  as- 
signed to  C.  W.  Hackett  all  his  rights,  title  and  interest  as 
such 'assignee  in  and  to  all  said  rights  and  privileges; 

1663.  And  whereas,  the  provisions  of  said  ordinance  num- 
ber fifteen  hundred  and  thirty-one  (1531),  have  up  to  this  time 
been  fully  complied  with,  and  a  corporation  has  been  formed, 
under  the  provisions  of  the  laws  of  the  State  of  Minnesota, 
known  as  the  St.  Paul  Roofing.  Cornice  and  <  >rnamen|  Com- 
pany, which  is  to  succeed  and  to  carry  on  the  manufacturing 
business  formerly  carried  on  by  the  said  Le  Febvre  &  Des 
Lauriers,  and  afterwards  by  their  successor,  the  St.  Paul  Roof 
ing  and  Cornice  Company,  in  the  Sixth  ward  of  the  Cit)  of 
St.  Paul,  and  this  eorjiorati.ni  desires  to  acquire,  and  the  said 
C.  \\  .  Ilaekeit  desires  to  transfer  and  assign  to  this  corpora- 
tion all  the  rights  and  privileges  which  were  granted  1>\   said 

ordinance  number  fifteen  hundred  and  thirl  \    one   I  l"':;1  I  : 

1664.  Permission  and  authoritj    is  hereby  granted  to  tin- 
said  C.  \V.   Hackett,  the  said  St.   Paul   Roofing  and  Coi 
Company,  and  the  said  Joseph   Haag,  its  assignee,  to  a 

and  transfer  to  the  said  corporation,  the  St.  Paul  Roofing,  Cor 
nice  and   Ornamenl    Company,  all   the  rights  and  privili 
granted  to  and  acquired  1>\  the  said  LeFebvn   &   D<    Lat 
by  said  ordinance     numbei    fifteen    hundred    and    thirt)  one 
( 1531  i.  and  the  common  council  does  hereb}  consenl  to 
transfer  and   assignment   of  said   rights  and   pri 


620 

however,  to  the  compliance  by  said  St.  Paul  Roofing, 
Cornice  and  Ornament  Company,  from  the  time  this  ordinance 
shall  go  into  effect,  with  the  terms,  conditions  and  provisions 
ordinance  number  fifteen  hundred  and  thirty-one 
I  1531  i.  to  be  by  the  said  LeFebvre  &  DesLauriers  complied 
with,  and  subject  to  all  the  rights  reserved  to  the  City  of  St. 
Paul  by  the  provisions  of  said  ordinance. 

1665.  Sec.  2.  That  said  St.  Paul  Roofing,  Cornice  and  Or- 
nament Company  shall  file  with  the  city  clerk  within  thirty 
(30)  days  after  the  publication  of  this  ordinance  its  written 
acceptance  of  the  provisions  hereof,  the  same  to  be  first  ap- 
proved  by  the  corporation  attorney. 

See.  •">.  This  ordinance  shall  take  eft'ect  and  be  in  force 
from  ami  after  its  publication,  and  the  acceptance  thereof  as 
provided  in  section  two  (2)  of  this  ordinance. 

ST.  PAUL  SASH,    DOOR    AND    LUMBER  COMPANY. 
Ordinance  No.  2449. 

(Approved  June  11,  1904.) 

1666.  An  Ordinance  authorizing  the  St.  Paul  Sash,   Door 

and  Lumber  Company  to  construct  and  maintain  a 
railway  spur  track  across  Arundel  street. 
The   Common  Council  of  the  City  of  St.   Paul  do  ordain   as 
follows : 

1.  That  authority  and  permission  is  hereby  granted 
to  the  St.  Paul  Sash,  Door  and  Lumber  Company  to  con- 
struct, maintain  and  operate  a  railway  spur  track  across 
Arundel  street  at  a  point  one  hundred  fifty-five  feet  north  of 
the  center  line  of  Minnehaha  street,  as  shown  by  the  red  lines 
upon  the  blue  print  and  diagram  hereto  attached. 

1667.  See.  2.  Said  spur  tracks  shall  be  constructed  under 
the  direction  and  supervision  of  the  Commissioner  of  Public 
Works  of  the  City  of  St.  Paul,  and  the  St.  Paul  Sash,  Door  and 
Lumber  Company  shall,  before  proceeding  with  the  work  of 
constructing  said  spur  track  across  said  street,  file  with  the 
Commissioner  of  Public  Works  a  bond  in  the  sum  of  Five 
Thousand  Dollars   ($5,000),  with  good  and  sufficient  sureties 


6-21 

to  be  approved  by  the  Mayor  of  said  city,  indemnifying  and 

saving  harmless  the  City  of  St.  Paul  from  any  and  all  dam- 
ages which  may  arise  by  virtue  of  the  construction  and  main- 
tenance of  said  spur  track  across  said  street. 

1668.  Sec.  3.     That  the  authority  and  permission  granted 

by  this  ordinance  is  subject  at  any  time  to  revocation  by  the 
Common  Council  of  the  City  of  St.  Paul. 

Sec.  4.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

ST.      PAUL     SHOWCASE      MANUFACTURING      COM- 
PANY. 

Ordinance  No.  1597. 

(Approved  May  L9,  1892.) 

1669.  An  Ordinance  granting  unto  the  St.   Paul  Showcase 

Manufacturing  Company  permission  to  use  a  por- 
tion of  the  levee  in  the  Sixth  ward  of  the  City  of 
St.  Paul. 
The   Common  Council  of  the  City  of  St.   Paul  do  ordain   as 
follows  : 

Sec.    l.     That   permission  and  authority  is  hereby  given 

and  granted  unto  W.  H.  Cook  and  frank  Van  Duviir.  doing 
business  under  the  firm  name  and  style  of  the  St   Paul  Slow- 

Manufacturing  Company,  to  use  and  occupy  for  manufac- 
turing purposes,  in  the  line  of  business  in  which  said  company 
is  now  engaged,  to-wi1  :  Show  cases,  store  and  office1  fixtures, 
until  the  firsl  day  of  July,  A.  D.  L916,  that  portion  of  the  levee 
in  the  Sixth  ward  in  the  Cit)  of  St.  Paul,  described  a-  follows, 
Lots  "iic  an. I  two  i  •.'  i.  block  one  hundred  and  eighty- 
three  I  183),  of  Robertson's  addition  t<-  West  St.  Paul,  except 
the  northerly  ten  (10)  feet  thereof. 

Provided  further,  that  tin-  grantee  herein  named  shall  em- 
plo)  in  their  -aid  business  at  all  time-  during  the  term  of 
franchise  nol  less  than  fifteen  (15)  men.     This  grant  is  made 
upon   Hi,    expres     condition   that   the  grantee  herein   named 

shall    pa)     tO    the    -aid    City    of    St.    Paul,   a-    compensation    and 

rental  for  the  privileges  hereb)  granted,  the  jum  of  one  dollar 


622 

per  annum,  for  and  during  the  time  hereinabove  speci- 
fied,  payable  annually  in  advance. 

1670.  Sec.   '■.'.     That    permission  and    authority    is    hereby 
■1  and  granted  unto  the  St.  Paul  Showcase  Manufacturing 

Company  to  erect,  construct,  and  maintain  on  said  hereby 
ted  premises  a  two  and  one-half  story  building",  to  be 
brick-veneered,  with  stone  basement,  to  be  forty  (40)  feet  in 
width  by  one  hundred  i  100)  feet  in  length,  with  the  necessary 
outbuildings  for  the  carrying  on  of  said  business,  all  of  which 
shall  be  brick  veneered,  the  outside  of  said  buildings  to  be 
fire-proof.  All  of  which  building  shall  be  built  under  the  di- 
rection and  according  to  the 'instructions  of  the  inspector  of 
buildings  of  said  city,  upon  obtaining  permits  so  to  do,  and 
the  payment  of  the  proper  fees  therefor;  provided,  however, 
that  the  chimney  and  smokestack  to  be  used  in  connection 
with  said  business  shall  extend  at  least  twenty-five  (25)  feet 
above  the  grade  of  the  Wabasha  street  bridge;  and  provided 
further,  that  this  ordinance  shall  not  be  construed  as  guaran- 
teeing or  warranting  any  of  the  rights  hereby  granted;  and 
provided  further,  the  grantees  herein  named  shall  complete 
said  building  and  have  said  business  in  operation  by  Oct.  1T 
1892;  and  that  before  the  expiration  of  this  ordinance  all  said 
buildings  shall  be  removed  from  off  said  above-described 
premises  by  said  grantees,  and  in  case  of  failure  to  remove 
said  buildings  within  said  time  the  same  or  such  part  thereof 
as  may  thereafter  remain  shall  become  the  property  of  said 
City  of  St.  Paul. 

1671.  Sec.  ::.  No  rights  acquired  under  this  ordinance 
shall  be  transferred  to  any  other  person,  company  or  corpora- 
tion, unless  the  consent  of  the  common  council  shall  be  first 
obtained. 

1672.  Sec.  4.  The  grantees  shall  and  will  forever  indem- 
nify and  save  harmless  the  said  City  of  St.  Paul  against  all 
damage-,  judgments,  claims,  costs  and  expenses  of  same  which 

nay  suffer  or  that  may  be  recovered  or  obtained  from  or 

linst  said  city  for  or  by  reason  of  the  granting  of  the  said 

privileges.  or  for  or  by  reason  of  the  growing  out  of  or  result- 

g  from  the  passage  of  this  ordinance,  or  any  matter  or  thine 


623 

connected  therewith,  or  with  the  exercise  by  the  said  grantees 
of  the  privileges  herein  granted. 

1673.  Sec.  5.  If  said  grantees  shall  fail  in  any  respect  to 
comply  with  the  provisions  of  this  ordinance,  then  all  rights 
and  privileges  hereby  granted  shall  be  forfeited  to  said  City 
of  St.  Paid. 

1674.  Sec.  6.  The  said  grantees  shall  hie  with  the  city 
clerk  of  said  city,  within  thirty  (30)  days  after  the  publication 
of  this  ordinance,  their  written  acceptance  of  the  provisions 
thereof,  the  same  to  be  approved  by  the  corporation  attorney. 

Sec.  ?.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  publication. 

SAME. 

Ordinance  No.  2085. 

(Approved  December  6,  1899.) 

1675.  An    Ordinance   to    amend    Ordinance    No.    1597,    en- 

titled "An  Ordinance  granting  unto  the  St.  Paul 
Showcase  Manufacturing  Company  permission  to 
use  a  portion  of  the  levee  in  the  Sixth  ward  of  the 
City  of  St.  Paul,"  approved  May  19,  1892. 

The  Common  Council  of  the  City  of  St.    Paul  do  ordai 

follows  : 

1.  That  section  one  of  Ordinance  No.  1597,  of  t lie 
General  Ordinances  of  the  City  of  St.  Paul,  entitled  "An  Or 
dinance  granting  unto  the  St.  Paul  Showcase  Manufacturing 
Compan)  permission  to  use  a  portion  of  the  levee  in  the  Sixth 
ward  of  the  City  of  St.  Paul,"  be  and  the  same  is  hereby 
amended  by  inserting  therein,  after  the  words  "Lota  one  ■  I) 
and  two  (2)"  the  words  "and  the  easl  half  of  lot  thre< 

Sec.    2.      This   ordinance   shall   take   effeel    and    be   in    force 

from  and  after  its  passage,  approval  and  publication. 


624 

SAME. 
Ordinance  No.  2420. 

(Approved  January  11,  1904.) 

1676.  An    Ordinance   accepting   the   proposition   of   Frank 

Van  Duyne  to  purchase  the  interest  of  the  city  in 
lots  numbered  One  (1)  and  Two  (2),  in  block  num- 
bered One  Hundred  and  Eighty-three  (183),  of 
Robertson's  Addition  to  West  St.  Paul,  for  Four 
Hundred  Dollars,  and  directing  the  proper  city  offi- 
cers to  execute  a  conveyance  of  the  interest  of  the 
city  in  said  land. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows  : 

Sec.  1.  The  proposition  of  Frank  Van  Duyne  made  to 
the  City  of  St.  Paul  to  purchase  from  said  City  of  St.  Paul  all 
right,  title,  estate,  lien  or  interest  of  said  City  of  St.  Paul  in 
and  to  said  lots  numbered  One  (1)  and  Two  (2),  in  block 
numbered  one  hundred  and  eighty-three  (183),  of  Robert- 
son's Addition  to  West  St.  Paul,  for  the  sum  of  Four  Hun- 
dred ($400)  dollars,  is  hereby  accepted. 

1677.  See.  2.  Upon  payment  of  said  sum  of  Four  Hun- 
dred (400)  dollars  by  said  Frank  Van  Duyne,  the  proper  city 
officers  are  hereby  authorized  and  directed  to  execute  and  de- 
liver to  said  Frank  Van  Duyne  a  good  and  sufficient  convey- 
ance for  all  the  right,  title,  estate,  lien  and  interest  of  the  City 
of  St.  Paul  in  and  to  lots  numbered  One  (1)  and  Two  (2),  in 
block  numbered  %One  hundred  and  eighty-three  (183),  of  Rob- 
ert-on  ">   Addition   to  West   St.   Paul,    according  to   the   plat 

•thereof  on  file  and  of  record  in  the  office  of  the  Register  of 
Deed-  in  and  for  the  County  of  Ramsey  and  State  of  Minne- 
sota, and  said  officers  are  authorized  to  affix  the  corporate  seal 
of  the  city  of  St.  Paul  to  said  instrument. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  publication. 


625 

ST.  PAUL  WAREHOUSE  AND  ELEVATOR  COMPANY. 

From  Article  LXXV.,  Municipal  Code  1884. 

(March  3,  1874.) 

1678.  Sec.  1.  There  is  hereby  granted  to  Win.  Dawson, 
Girart  Hewitt,  Robert  P.  Lewis,  Charles  Ethridge,  W.  S. 
Timmerman,  D.  W.  Ingersoll  and  Charles  Scheffer,  together 
with  such  other  persons  as  shall  hereafter  become  associated 
with  them,  and  to  their  heirs,  executors  and  assigns,  permis- 
sion or  authority  and  consent  of  the  common  council  of  the 
City  of  St.  Paul,  to  lay  a  single  line  of  railway  track,  with  such 
number  of  switches,  turnouts,  and  sidetracks  as  may  be  neces- 
sary, from  the  west  side  of  Wabasha  street ;  thence  along  the 
public  levee  to  the  intersection  of  Spring  street  with  the  levee ; 
then  along  and  through  Spring  street  to  Chestnut  street ;  and 
to  operate  and  use  such  track,  switches,  turnouts  and  side 
tracks,  with  locomotives  and  cars,  in  the  receiving  and  ship- 
ping of  grain  and  such  other  business  as  may  be  necessary 
and  incidental  thereto;  provided,  however,  that  if  any  other 
person  or  persons,  corporation  or  corporations,  shall  hereafter 
desire  to  erect  other  warehouse  or  warehouses,  elevator  or  ele- 
vators, at  any  point  along  said  Spring  street,  they  shall  he  al- 
lowed to  lay  down  other  tracks,  switches  or  turnouts,  and  to 
use  the  aforesaid  track  or  tracks  on  such  reasonable  terms  as 
may  be  agreed  upon,  so  as  to  give  free  access  for  shipping 
purposes  as  aforesaid  to  all  parties. 

1679.  vSec.  \!.  The  said  parties,  their  successors  and  as- 
signs,  shall  keep  said  Spring  street  as  free  as  possible  from 
freighl  trains  or  cars,  as  may  be  consistent  with  their  busin 
and  no  trains,  locomotives  or  car-  shall  be  allowed  or  permit- 
ted to  unreasonably  obstruct  any  street  crossing,  and  the  said 
parties,  their  successors,  assigns,  officers,  agents  and  em 
ployes  shall  be  subjed  to  all  police  regulations  under  the  law  3 
and  ordinances  of  said  city,  and  3uch  other  ordinal  ul.it- 

ing  railroads  within  the  city  now  in  force,  or  which   in.iv  ' 

after  be  adopted  by  the  common  council. 

1680.  Sec.  '■'<■  The  said  parties,  theii  and  as- 
signs, are  hereby  authorized  and  empowered  to  era  I  and  build 


626 

e  and  across  the  public  levee  a  bridge,  track  or  passage 
way  From  the  elevator  or  warehouse  of  said  parties,  their  suc- 
ind  assigns,  to  be  erected  upon  the  line  of  their  said 
railway  to  the  Mississippi  river,  to  facilitate  and  cheapen  the 
shipping  of  -rain  from  said  warehouse  or  elevators  by  water, 
the  same  to  be  so  erected  as  not  to  interfere  with  public  travel 
■  >r  convenience. 

1681.  Sec.    I.     The   said    parties,   their  successors   and   as- 
5,  arc  hereby  authorized  and  empowered  so  to  improve  St. 

Peter  street,  south  of  Third  street,  as  to  make  it  available  to" 
travel  with  trains  to  and  from  any  elevator  or  warehouse 
v  hich  said  parties,  their  successors  and  assigns,  may  erect  at 
or  near  said  street;  provided,  however,  that  the  right  given  to 
such  parties,  their  successors  and  assigns,  by  this  section,  to 
improve  and  use  St.  Peter  street,  south  of  Third  street,  shall 
not  in  any  manner  interfere  with  the  right  and  authority  of 
the  common  .council  or  board  of  public  works  to  grade  and 
open  said  St.  Peter  street  south  of  Third  to  public  use  and 
travel  at  any  time  after  a  period  of  ten  (TO)  years. 

1682.  Sec.a5.  If  said  parties,  their  associates  and  assigns, 
shall  hereafter  be  incorporated,  or  acquire  corporate  or  char- 
tered rights,  under  or  by  virtue  of  any  general  laws,  with  a 
view  to  exercise  and  enjoyment  thereunder  of  the  rights  and 
privileges  hereby  granted  and  conferred,  all  the  said  rights 
and  privileges  shall  extend  to  and  vest  in  such  corporation, 
upon  the  terms  and  conditions  herein  prescribed.  And  when 
such  parties  shall  be  so  incorporated,  or  shall  obtain  such  cor- 
porate or  chartered  rights,  such  corporation  shall  have  and  en- 
joy  in  it-  corporate  name  and  capacity,  all  the  rights  and 
privileges  hereby  granted,  as  the  successors  of  such  parties, 
without  further  action  of  the  common  council. 

1683.  6.  If  said  parties,  their  successors  and  assigns, 
shall  neglect  or  refuse  to  erect  and  complete,  ready  for  use, 
on  the  line  of  the  railway  track  granted  by  this  ordinance, 
within  one   i  1  |   year,  at  least  one   (  1  )   warehouse  or  elevator. 

the  receiving,  storing  and  shipping  of  grain,  or  at  any  time 

titer  the  erection  of  any  warehouse  or  elevator  on  the  line  of 

railroad  track,  shall   remove  or  abandon  the  use  of  the 


627 

same,  for  receiving,  storing  and  shipping  grain,  or  shall  as- 
sign or  attempt  to  assign,  the  rights  and  privileges  granted 

by  this  ordinance,  to  any  railroad  company  or  corporation,  or 
for  any  other  uses  than  those  granted  by  this  ordinance,  with- 
out the  consent  of  the  common  council,  then,  and  in  that  event, 
all  the  rights  and  privileges  granted  by  this  ordinance  shall 
cease,  and  said  ordinance  shall  be  void  and  of  no  effect. 

ST.  PAUL  WHITE  LEAD  AND   OIL  COMPANY. 

Ordinance  No.  1486. 

(Approved  April  9,  1891.) 

1684.         An    Ordinance    amending    Ordinance    No.    1483,    en- 
titled "An  ordinance  granting  unto  J.  A.  Willard, 
G.  F.  Piper,  E.  S.  Warner  and  G.  W.  Baker,  part- 
ners, trading  as  the  St.  Paul  White  Lead  and  Oil 
Company,  permission  to  use  a  portion  of  the  levee 
in  the   Sixth   ward   of  the   City   of   St.   Paul,"  ap- 
proved March  4,  1891. 
The   Common    Council   of  the   City  of  St.    Paul   do  ordain   as 
follows: 

1.  That  permission  and  authority  is  hereby  given 
and  -ranted  unto  J.  A.  Willard  and  ('..  \\  .  Baker,  partners 
trading  a^  the  St.  Paul  White  Lead  and  (  >il  Company,  and  un- 
to their  heirs,  executors,  administrators  and  assigns  to  use  and 
occupy  for  the  full  period  of  twenty-five  (25)  years  from  the 
dan-  of  the  approval  of  the  ordinance  to  which  this  is  an 
amendment,  for  manufacturing  purposes  in  the  line  of  busi- 
in  which  said  compan)  is  now  engaged,  manufacturing 
all  kind-  of  materials  used  in  painting  and  varnishing,  thai 
portion  of  the  levee  and  real  estate  in  the  Sixth  ward  of  the 
City  of  St.  Paul,  State  of  Minnesota,  described  as  follows,  to« 
wit:  A  piece  of  land  in  block  four  i  li.  I'.a/ille  &  Robert's 
addition  to  Wesl  St.  Paul,  and  described  and  contained  within 
the  following  metes  and  bound-,  t"  wit  : 

Bounded  on  the   west   side  by  the  easl   \'\ur  of  Starkey 

i,  produced  to  the  Mississippi  river;  bounded  on  the  north 

side  by  the  Mississippi  river,  at  a  distance  nol  exceeding  one 

hundred  (100)  feel  north  of  the  north  line  of  block  four  |  t), 


.  Idition,  as  platted;  upon  the  cast  side  by  a  line  running 

northerly  direction  from  the  northwesterly  corner  of  lot 

n    (7),  through  the  northwesterly  corner  of  lot  one   (1), 

of  block  four  (4)  of  Bazille  and  Robert's  addition  to  West  St. 

Paul,  to  the  said  river,  and  hounded  on  the  south  side  by  a 

hue  -  60)  feet  north  of  and  parallel  with  the  south  line  of 

the  levee  as  shown  on  map  now  in  the  city  engineer's  office; 

provided  that  the  City  of  St.  Paul  reserves  the  right  to  grant 

•iy  time  to  any  person,  firm,  company  or  corporation  the 

construct  and  operate  a  steam  or  any  other  railway 

across  the  north  one-third  of  said  land  hereby  granted  and 

leased  :  and.  provided  further,  that  the  grantees  herein  named 

shall   employ  in  their  said  business  at  air  times  during  the 

time  of  this  franchise  not  less  than  twenty-five   (25)   men. 

1685.  This  grant  is  made  upon  the  express  condition  that 
the  grantees  herein  named  shall  pay  to  the  City  of  St.  Paul, 
a^  compensation  and  rental  for  the  privileges  hereby  granted, 
the  sum  of  one  dollar  (SI)  per  annum  for  and  during  the  time 
hereinbefore  specified,  payable  annually  in  advance,  and  upon 
the  further  condition  that  all  buildings  erected  upon  said 
land  subsequent  to  Feb.  1,  1895,  shall  be  deemed  personalty 
for  the  purpose  of  taxation,  and  said  grantees,  their  heirs,  ex- 
ecutors, administrators  and  assigns,  shall  pay  said  taxes  so 
levied,  and  if  said  taxes  are  not  paid  prior  to  the  date  fixed  for 
die  sale  of  said  personalty  for  said  taxes  all  rights  under  this 
ordinance  shall  be  forfeited;  provided,  further,  that  it  is  under- 

1  that  the  City  of  St.  Paul  shall  not  be  considered  as  giv- 
ing a  warranty,  and  does  not  in  any  manner  warrant  the  title 
aid  property  or  any  part  thereof,  and  shall  not  be  liable 
in  any  action  or  proceeding  for  any  failure  of  title  or  any  other 
matter  or  claim  in  connection  with  said  land. 
(As  amended  by  Ord.   No.   1807,  approved  March   19,  1895, 

§1.) 

1686.  Sec.  2.  That  permission  and  authority  is  hereby 
given  and  granted  unto  said  J.  A.  Willard,  E.  S.  Warner  and 
G.  W.  Raker,  partners  trading  as  the  St.  Paul  White  Lead 
and  Oil  Company,  and  unto  their  executors,  administrators 
and  assigns,  to  erect,  construct  and  maintain  on  said  hereby 
granted  premises  a  four-story  brick  building,  with  stone  base- 


629 

ment,  to  be  sixty  (60)  feet  in  width  by  one  hundred  and 
twenty-five  (125)  feet  in  length;  also  one  (1)  one-story  frame 
warehouse  thirty-five  (35)  feet  long-  and  fifty  (50)  feet  wide, 
and  a  one-story  frame  building  sixteen  (16)  feet  wide  and 
twenty-four  (24)  feet  long;  all  of  which  buildings  shall  be 
built  under  the  direction  and  according  to  the  instructions  of 
the  inspector  of  buildings  of  said  city,  upon  obtaining  permits 
so  to  do  and  the  payment  of  the  proper  fees  therefor;  pro- 
vided, however,  that  the  chimney  and  smokestack  to  be  used 
in  connection  with  said  business  shall  extend  at  least  twenty- 
five  (25)  feet  above  the  grade  of  Wabasha  street  bridge  ;  and 
provided  further,  that  this  ordinance  shall  not  be  construed 
as  guaranteeing  or  warranting  any  of  the  rights  hereby 
granted;  and  provided  further  that  the  grantees  herein  named 
shall  complete  said  buildings  and  have  said  business  in  opera- 
tion by  Nov.  1,  1891,  and  that  before  the  expiration  of  said 
term  of  twenty-five  (25)  years  all  said  buildings  shall  be  re- 
moved from  the  above-described  premises  by  said  grantees. 
and  in  case  of  failure  to  remove  said  buildings  within  said 
time,  the  same,  or  such  part  thereof  as  may  thereafter  remain, 
shall  become  the  property  of  the  said  City  of  St.  Paul. 

1687.  See.  3.  That  if  said  J.  A.  Willard  and  G.  \\  .  Baker, 
their  heirs  or  assigns,  together  with  any  other  person  or  per- 
sons, should  at  any  time  organize  and  incorporate  their  said 
business  into  a  corporation  all- the  rights  herein  granted  and 
acquired  may  pass  to  said  corporation  withoul  an\  further  act 
of  said  eiu  ;  and  thai  if  any  one  or  more  of  --aid  gran 
should  die  at  any  time  during  the  continuance  of  this  li 

or  should  ret i re  From  saiil  linn,  or  any  other  person  "i"  persons 
should  be  taken  into  said  copartnership,  all  the  rights  herein 
granted  may  pass  to  and  be  and  become  the  rights  and  prop 
eriy  of  said  survivor  or  survivors   or  remaining   membei     of 
said  firm  tituted  after  taking  in  an}    laid  new  member 

or  members  withoul  any  further  acl  -  city. 

i  \s  amended  by  '  >rd.  1807,  Man  h  19,  i 

1688.  See.  I.     Said  grantees  shall  and  will  forever  indem 
nify  and  save  harmless  the  said  City  of  St.  Paul  againsl  any 
and  all  damages,  judgments,  claims,  costs  and  ol 

same,    which    it    mav    suffer  Or   that    ma\    b(  or   ob 


630 

1  from  or  againsl  said  city  for  or  by  reason  of  the  graijt- 

g  of  such  privileges,  or  for  or  by  reason  of  the  growing  out 

of  or  resulting  from  the  passage  of  this  ordinance  or  any  mat- 

hing  connected  therewith,  or  with  the  exercise  by  the 

said  grantees  ^i  the  privileges  hereby  granted. 

1689.  Sec.  5.  If  said  grantees,  their  heirs,  executors,  ad- 
ministrators or  assigns,  shall  fail  in  any  respect  to  comply 
with  the  provisions  of  this  ordinance,  then  all  rights  and  priv- 

-  hereby  granted  shall  be  forfeited  to  said  City  of  St. 
Paul. 

1690.  See.  6.  The  said  grantees  shall  file  with  the  city 
clerk,  within  thirty  (30)  days  after  the  publication  of  this 
ordinance,  their  written  acceptance  of  the  provisions  thereof, 
the  same  to  be  first  approved  by  the  corporation  attorney  of 

•-aid  city. 

1691.  Sec.  2.  All  ordinances  and  parts  of  ordinances  here- 
tofore passed  inconsistent  with  this  ordinance  are  hereby  re- 
pealed. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  publication  and  acceptance  thereof  as  pro- 
vided in  section  six  (6)  of  this  ordinance. 

TABITHA  SOCIETY. 
Ordinance  No.  1897. 

(Approved  December  2,  1896.) 

1692.  An    Ordinance   authorizing   the   Tabitha    Society   of 

the  State  of  Minnesota  to  run  a  pipe  across  East 
Ninth  street  for  the  purpose  of  conducting  steam. 
The   Common    Council   of  the  City  of  St.    Paul  do  ordain   as 
fi  rtlows  : 

Sec.   1.      mat  authority  and  permission  be  and  the  same 
are  hereby  given  to  the  Tabitha  Society  of  the  State  of  Min- 
nesota to  excavate  across  and  under  the  surface  of  East  Ninth 
t.  from  the  building  on  lot  5,  block  1,  Hoyt's  Addition,  to 
the  building  on   lot  2,  block  2,  Hoyt's  Addition,  and  to   lay 
cross  and  underneath  the  surface  of  said  street,  between  said 
ildings,  a  pipe  for  the  purpose  of  conducting  steam.     All 


631 

work  shall  be  under  the  supervision  and  to  the  satisfaction  of 
the  City  Engineer  of  the  City  of  St.  Paul.     Provided,  however, 

that  said  Tabitha  Society  of  the  State  of  Minnesota  shall  exe- 
cute and  deliver  to  the  city  a  bond  in  such  sum  and  upon  such 
conditions  as  shall  be  approved  by  the  Corporation  Attorney 
before  such  excavation  is  made. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

TWIN  CITY  FENCE  AND  WIRE  WORKS. 

Ordinance  No.  2283. 

(Approved  May  L2,  L902.) 

1693.         An  Ordinance  authorizing  the  Twin  City  Fence  and 
Wire  Works  to  erect  a  frame  addition  to  their  fac- 
tory upon  lot  5,  block  4,  Bazille  and  Roberts'  Ad- 
dition to  the  City  of  St.  Paul. 
The  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 
follows : 

Sec.  1.  That  permission  and  authority  are  hereby  given 
to  the  Twin  City  Fence  and  Wire  Works  to  erect  a  frame 
addition  to  their  factory  upon  lot  5,  block  1.  Bazille  &  Rob- 
erts' Addition  to  the  City  of  St.  Paul,  such  frame  addition  1" 
be  approximately  twenty-five  feet  in  width  and  eight)  feet 
in  length  and  to  be  constructed  under  the  superintendence  ■  ■  t 
the  Building  Inspector  of  said  City,  and  said  Building  tnspec- 
tor  is  hereby  authorized  to  issue  to  said  Twin  City  Pence  and 
Wire  Works  a  proper  permit  therefor. 

2.     This  ordinance   shall   lake   effecl    and   lie   in    I 
from  and  after  it^  passage,  approval  and  publication. 

als<  'J    J.  1  tanner.  I 


632 

UNION  MANUFACTURING  COMPANY. 
Ordinance  No.  2272. 
Approved  April  7,  1902.) 

1694.  An  Ordinance  granting  to  Fred  B.  Brace,  George  H. 
Shellenberger  and  Fred  C.  Genge  the  right  to  use 
certain  of  the  streets  and  alleys  of  the  City  of  St. 
Paul  for  the  purpose  of  transmitting  electric  cur- 
rents for  furnishing  light  and  power. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows: 

Sec.  1.  That  there  is  hereby  granted  to  Fred  B.  Brace, 
George  II.  Shellenberger  and  Fred  C.  Genge,  their  successors 
and  assigns,  subject,  however,  to  all  the  agreements,  limita- 
t i < > n >  ami  conditions  hereinafter  contained,  for  the  period  of 
twenty-five  (25)  years  from  the  date  of  the  acceptance  of  this 
ordinance  as  hereinafter  provided,  the  right  to  enter  upon,  use 
and  occupy  for  the  purpose  of  transmitting  and  carrying  elec- 
tric currents  therein,  for  furnishing"  light  and  power,  the 
streets  and  alleys  included  in  that  part  of  the  City  of  St.  Paul 
lying  west  of  the  center  line  of  Lexington  avenue;  and  to 
erect  pole-  in  such  streets  and  alleys  and  to  string  wdres 
thereon  and  to  maintain  and  operate  the  same  for  c'onducting 
electric  currents  for  furnishing  light  and  power.  Also  con- 
duct and  maintain  under  such  streets  and  alleys  an  under- 
ground conduit  system  of  wires  for  conducting  and  trans- 
mitting electric  currents  for  furnishing  light  and  power,  but 
the  grant  or  authority  hereby  conferred  shall  not  be  construed 
as  a  grant  of  an  exclusive  right  or  privilege,  but  no  poles  or 
overhead  wires  shall  be  placed  or  maintained  in  said  Lexing- 
ton avenue. 

1695.  Sec.  2.  The  grantees  herein,  their  successors  and 
!i-.  within  the  period  of  one  (1)  year  after  the  date  of 
their  acceptance  of  this  ordinance  as  herein  provided,  shall 
enter  upon  the  construction  of  the  necessary  plant  and  equip- 
ment for  putting  in  operation  a  system  for  supplying  electric 
light  and  power  to  the  City  of  St.  Paul  and  its  inhabitants 
within  the  district  hereinabove  prescribed,  and  within  two  (2) 
irom  the  date  of  this  acceptance  of  this  ordinance  shall 


have  in  successful  operation  a  proper  plant,  including-  the  nec- 
essary equipment  for  the  furnishing  of  electric  light  and 
power,  and  shall  actually  enter  upon  the  business  of  supply- 
ing electric  light  and  power  within  said  district,  and  as  said 
system  is  put  in  and  extended  there  shall  be  constructed  and 
put  in,  in  connection  therewith,  the  necessar)  leads  and  con- 
nections to  and  throughout  all  lamp  posts  and  masts  which 
shall  then  and  thereafter  be  erected  or  located  by  the  City  of 
St.  Paul  in  any  or  all  of  said  streets  for  the  purpose  of  street 
lighting,  and  whenever  required  by  said  city,  said  grantees 
shall  put  in  the  necessary  lamps,  globes  and  connections  there- 
for, and  shall  light  the  various  streets  and  public  grounds 
upon  which  it  shall  have  extended  its  wires  to  such  extent  and 
in  the  manner  directed  by  said  city,  and  when  required  shall 
furnish  and  put  in  the  necessary  wiring  and  connections  with 
the  various  buildings  along  the  line  of  the -streets  .so  occupied 
by  it  and  furnish  and  provide  proper  and  suitable  light  there- 
for. The  light  so  required  to  be  furnished  said  cit\  and  its 
inhabitants  to  be  furnished  at  a  just  and  reasonable  price  to 
be  charged  therefor,  not  exceeding  the  maximum  rates  there 
for,  to  be  fixed  and  established   as   hereinafter  provided. 

1696.  See.  •'!.  The  grantees  herein,  their  successors  ami 
assigns,  at  any  time  after  the  expiration  of  four  i  I  i  years 
from  the  date  of  the  acceptance  of  this  ordinance,  ma}  be  re 
quired,  by  direction  of  the  Common  Council  of  said  city,  to 
extend  it-  poles  or  conduil  system  for  the  furnishing  of  lighl 
and  power  along  such  streets  and  alleys  within  said  district  as 
the  Common  Council  may  direct,  and  said  grantees,  within 
the  period  oi  6)  month-  after  receiving  such  directions 
shall  construcl  the  necessary  pole  lines  and  underground 

tem  as  the  Common  Council   may  determine,  and   thereafter 

maintain  and  operate  the  same  in  the  street-,  and  alleys  5p 

tied  in  said  direction,  throughout  the  period  covered  by  this 
-rant,  subject   to  tin-  terms  and  conditions  hereof,  provided, 

however,  that  not  more  than  one  mile  of  pole  line  or  more  than 

one-half  mile  of  conduil    shall  be  ordered  01    required  to  be 
ci instructed  in  any  i  >nr  \  ear. 

1697.  Sec.   i.     The  Common  Council  ■■  the  right  at 
any  time  after  five  years  from  tin    |              of  thi    ordinance  to 


63  ! 

an}  pole  or  overhead  wires  authorized  to  be  constructed 
under  the  provisions  of  this  ordinance,  to  be  placed  under- 
ground in  a  system  of  underground  conduits,  and  reserves  the 
right  to  order  any  overhead  wires  and  the  poles  supporting 
the  same,  to  be  removed  from  one  street  to  another,  and  re- 
serves the  right  to  order  conduits  or  pipes  which  may  be 
d  b}  said  company  in  any  of  the  streets  and  alleys  of  the 
city,  to  be  changed  or  relocated  in  said  streets  whenever  the 
public  interests  shall  so  require,  and  all  changes  of  the  char- 
acter provided  for  in  this  section  shall  be  made  at  the  expense 
of  said  grantees,  their  successors  and  assigns. 

1698.  Sec.    5.     The   grantees   herein,   their   successors   and 
£ns,    whenever   called    upon    so   to   do,   by   the    Common 

Council  of  the  City  of  St.  Paul,  shall,  at  their  own  cost,  make 
all  the  necessary  connections  to  and  throughout  all  street 
lamps  and  masts  at  any  time  put  up  and  maintained  by  the 
city,  furnish  all  the  necessary  globes  therefor  and  light  by 
electricity,  in  such  manner  as  said  city  may  recpiire,  all  of  the 
streets,  alleys  and  public  grounds  of  said  city  upon  which 
they  shall  have  placed  any  of  their  electric  wares  to  the  extent 
that  said  wires  shall  have  been  placed  thereon,  and  said  gran- 
tees shall  receive  from  the  city  a  just  and  reasonable  price 
for  the  light  so  furnished ;  and  the  Common  Council  shall  have 
the  power  herein  and  hereby  reserved  from  time  to  time  to 
regulate  and  prescribe  the  maximum  price  to  be  charged  by 
said  company  for  the  furnishing  of  light  and  power  under  the 
terms  of  this  ordinance,  whether  furnished  to  the  City  of  St. 
Paul  or  to  any  other  person,  company  or  corporation,  but  such 
price  shall  be  fair  and  reasonable. 

1699.  Sec.  (').  The  poles,  conduits  and  wires  put  in  by  said 
grantees,  their  successors  and  assigns,  under  the  provisions  of 
this  ordinance,  shall  be  of  such  character  and  shall  be  placed 
and  located  in  such  manner  and  at  such  places  as  shall  be  pre- 
scribed by  the  Commissioner  of  Public  Works  of  said  city. 
and  whenever  any  street  upon  which  any  pole  shall  have  been 

>hall  be  graded,  paved  or  otherwise  improved,  said  gran- 
tees shall  reset  their  poles  in  such  manner  as  the  Commis- 
sioner shall  direct,  at  their  own  expense,  to  conform  to  the 
street  as  reconstructed. 


635 

1700.  Sec.  ].  The  rights  and  privileges  hereby  granted 
shall  be  held  and  exercised  by  the  grantees  named  herein,  their 
successors  and  assigns,  subject  to  all  the  conditions  and  limi- 
tations contained  in  the  charter  of  the  City  of  St.  Paul,  in- 
cluding the  filing  of  the  statement  provided  for  in  section  2"t 
of  chapter  IV  of  said  charter,  and  the  payment  of  a  license  fee 
of  five  per  cent  (5  per  cent  i  of  the  gross  earnings  derived  or 
accrued  from  the  exercise  and  enjoymenl  of  such  rights  and 
privileges  as  therein  required. 

1701.  Sec.  8.  The  grantees  herein,  for  themselves,  their 
successors  and  assigns,  hereby  assume  all  liability  that  may 
be  caused  by  the  exercise  of  the  rights  and  privileges  con- 
ferred by  this  ordinance,  and  shall  at  all  times  save  the  City 
of  St.  Paul  harmless  from  all  damages,  costs  and  expense 
arising  therefrom,  and  whenever  said  company,  it-  successors 
and  assigns  shall  desire  to  erect  pole-,  string  wire-  or  exca- 
vate any  portion  of  any  street  within  the  district  herein  pre- 
scribed, they  shall  first  obtain  from  the  Commissioner  of 
Public  Works,  or  his  successor-,  a  permit  therefor,  and  -aid 
Commissioner  shall  have  tin-  righl  to  prescribe  proper  rules, 
regulations  and  limitation-,  iip.ui  the  granting  of  such  permit. 
including  a  proper  provision  for  tin-  restoration  of  tin-  street 
to  it-  former  condition,  ami  said  grantees  -hall  comply  with 
all  proper  regulations  and  requirements  so  prescribed  by  -aid 
Commissioner  of    Public    Work-,    or    his    successor,   in   that 

behalf. 

1702.  9,      The   rights   and    privileges   conferred    b)    this 

ordinance  -hall  not  in  an)  manner  directly  or  indirectly,  be 
sold,  assigned,  leased  or  in  any  way  transferred  to  an)  other 
person,  company,  corporation  "i   association   now   ownin 

ising  any  rights,  privileges  or  authorit)   similar  to  those 
conferred  by  this  ordinance,  either  b)   virtue  of  an)  ordinance 
; .ini .  from  tin-  Common  Council  of  -.mi  city,  or  b)  virtue 
Hi.    Legislature  of  the  State  of  Minnesota,  or  to 
an)  compan)  or  corporation  now  or  her*  vned  or 

trolled,  directly  or  indirectly,  b)    an)    such  person,  company 
oi  •  irporation,  whether  claiming  or  holding  under  tin  .  I 
franchises  ami  privil<  i    which  may 

hereafter  I"-  granted  to  them  or  either  of  them  before  or 


636 

piration  of  the  franchises  or  privileges  now  held  by  them' 
ther  of  them.     Nor  shall  the  grantees  herein,  their  succes- 
hv  suffer  or  permit  any  of  the  rights,  privileges 
and  authority  conferred  by  this  ordinance,  or  any  of  the  poles, 
conduits  herein  authorized  to  be  laid  or  constructed 
•  m1  in  any  manner  by  any  such  person,  company  or 
ts  successor  in  interest,  without  first  obtaining 
the  consent  of  the  Common  Council  of  said  city,  by  resolution 
duly  passed  for  that  purpose,  and  furthermore,  said  grantees 
shall  not  in  any  manner  transfer  or  assign  any  of  the  rights  or 
privileges  here!)}"  granted  to  any  person,  company  or  corpora- 
tion, without  the  consent  of  the  Common  Council  of  the  City 
of  St.  Taul,  and  in  case  of  any  such  assignment  or  transfer 
being  authorized  by  said  Common  Council,  then  no  such  sale 
or  transfer  shall  be  valid  or  effective  until  a  written  instru- 
ment creating  such  transfer  and  containing  and  reciting  the 
terms  of  such  sale  shall  be  filed  with  the  City  Comptroller; 
nor  shall  any  such  transfer  be  valid  or  of  any  force  or  effect 
until  the  purchaser  or  transferee  shall  file  with  the  City  Comp- 
troller a  written  agreement  in  form   to  be  approved  by  the 
Corporation  Attorney,  obligating  himself  and  itself  to  pay  to 
the  city  of  St.  Paul  the  same  gross  earning  tax  or  license  fee, 
herein  imposed  upon  the  grantees  herein  mentioned,  and  oth- 
erwise to  comply  with  all  the  terms,  conditions  and  require- 
ments of  this  ordinance  and  the  charter  of  said  city. 

1703.  Sec.  10.  The  grantees  herein,  before  exercising  any 
of  the  privileges  or  authority  conferred  by  this  ordinance 
shall  execute  and  deliver  to  said  city  a  good  and  sufficient 
bond  thereto  in  the  penal  sum  of  five  thousand  dollars 
($5,000),  in  such  form  and  with  such  sureties  as  shall  be  ap- 
proved by  the  Corporation  Attorney  of  said  city,  conditioned 
for  the  faithful  performance  by  said  grantee  and  by  its  succes- 
sors and  assigns  of  all  the  obligations  and  conditions  imposed 
by  the  terms  of  this  ordinance,  and  the  Common  Council  at 
any  time  hereafter  may  require  that  said  bond  shall  be  re- 
placed with  a  new  bond,  in  such  increased  amount  or  with 
such  other  or  additional  sureties  thereon  as  the  public  interest 
may  require  and  as  shall  be  prescribed  by  said  Common  Coun- 
cil, said  bond  to  be  similarly  conditioned  and  approved. 


(J.'5? 

1704.  Sec.  11.  In  case  the  grantees  herein,  their  succes- 
sors and  assigns,  shall  at  any  time  fail  to  comply  with  or  in 
the  case  of  a  breach  by  them  of  any  of  the  terms,  provisions, 
conditions  or  limitations  contained  in  and  provided  for  in  this 
ordinance,  all  the  rights  and  privileges  hereby  granted  forth- 
with shall  terminate  and  become  forfeited  to  said  city,  and  in 
case  of  any  such  breach  or  failure  to  comply  with  any  of  the 
terms,  provisions,  conditions  and  limitations,  the  Common 
Council  of  said  city  shall  have  the  power  to  declare  the  ter- 
mination and  forfeiture  of  all  the  franchises  and  privileges 
hereby  granted. 

1705.  Sec.  12.  The  grantees  herein,  within  thirty  (30) 
days  after  the  passage  and  publication  of  this  ordinance,  shall 
file  with  the  City  Clerk  their  written  acceptance  thereof,  and 
therein  shall  agree  to  abide  by,  keep  and  perform  all  of  the 
terms,  limitations,  conditions  and  provisions  hereof,  such 
acceptance  to  be  in  such  form  as  shall  be  approved  by  the 
Corporation  Attorney,  and  within  the  same  period  said  gran- 
tees shall  file  in  the  office  of  the  City  Comptroller  a  certified 
copy  of  such  acceptance,  together  with  the  bond  herein  pro- 
vided for. 

Sec.  13.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval,  publication  and  accepl 
ance,  as  hereinbefore  provided. 

UNITED   STATES   ELECTRIC   LIGHTING   COMPANY. 
From  Article  I. WW.  Municipal  Code   L884. 

1706.  Sec.  L8.  Thai  the  privilege  is  hereby  granted  to  the 
United  States  Electric  Lighting  Compan)  to  erect  such  tele- 
graph pdles,  in  the  streets  of  the  City  of  St.  Paul,  at  such 
place  or  i>lac<-.  and  on  such  streets  aa  may  I"-  approved  by 
the  said  common  council,  under  the  supervision  of  the  city 
engineer,  3uch  poles,  together  with  the  wires  thereon,  to  be 
subject  to  the  removal  to  3uch  place  or  places  as  the  common 
council  may.  at  any  time  direct,  at  the  cosl  and  expen 
said  company.  The  said  the  United  States  Electric  Lighl 
ing  Company,  hereby  assumes  all  liability  that  may  be  caused 
by  the  erection  of  ju<  h  pol<  -  and  tin  aid  electric  light, 


638 

shall   at   all   times   save    the   City   of   St.    Paul   harmless 
from,  and  From  all  damage  growing  out  thereof,  and  said 
company  shall  use  none  bu1  insulated  wires. 

(<  >rd.  approved  Mar.  1  1.  L882,  §  1.) 

1707.  Sec.  1!(.  Nothing  herein  contained  shall  give  to  saidr 
the  United  States  Electric  Lighting  Compay,  the  exclusive 
privilege  of  using  the  electric  light  in  the  City  of  St.  Paul — 
the  right  to  in  any  manner  amend  this  ordinance  at  any  time 
i-,  herein  reserved. 

(Id.  §2.) 

1708.  Sec.  20.  The  United  States  Electric  Lighting  Com- 
pany,  he  ami  it  is  hereby  permitted  to  erect  poles  for  stringing 
wires  for  electric  lighting,  upon  the  following  named  streets 
in  said  city,  to-wit:  Third  street,  Fourth  street.  Fort  street, 
Wabasha  street,  Robert  street,  Jackson  street,  Sibley  street, 
Wacouta  street.  Fifth  street,  Seventh  street,  Rosabel  street, 
and  Broadway,  under  the  supervision  of  and  subject  to  the 
inspection  and  control  of  the  city  engineer,  and  upon  and. 
under  the  following  conditions  and  instruction,  to-wit:     Such 

s  -hall  he  thirty-five  (35)  feet  in  height  above  the  ground, 
and  shall  not  be  less  than  ten  (10)  inches  in  diameter  at  the 
im  and  five  ( •"> )  inches  in  diameter  at  the  top;  they  shall 
laned  and  shall  be  painted  a  dark  color  for  the  distance  of 
six   1 1) )  feet  from  the  ground,  and  from  that  point  to  the  top 
they  shall   be   painted   white;   they  shall  be  set  one  hundred 
and    forty    (14(>)    feet  apart,   except  otherwise   expressly   per- 
mitted by  the  city  engineer;  and  in  case   any  other  corpora- 
tions, companies  or  persons,  are  now  or  shall  be  at  any  time 
hereafter,  permitted,   by  the    common    council    of    said    city 
rect  poles  or  string  its  wires    for    the    purpose  of  electric 
lighting    in    said    city,    or    to    use    the    streets    of    said    city 
for  the  purpose  of  electric  lighting:  and  such  corporation  or 
corporations,   company   or   companies,   person   or  persons,   as 
sire  to  use  the  poles  so  erected  by  said  Linked  States 
Electric  Lighting  Company,  for  the  purpose  of  supporting  the 
for  such  purpose,  such  corporations,  companies  or  per- 
all  be  entitled  to  do  so,  upon  paying  to  said  United 
-  Electric  Lighting  Company,  or  its  successors,  the  pro- 
hare  of  the  cost  of  procuring  and  erecting  such 


639 

poles,  to  be  determined  as  follows:  Upon  the  erection  <>i  poles 
upon  any  of  said  streets,  said  United  States  Electric  Lighting 
Company  shall  immediately  report  to  the  city  engineer  the 
actual  cost  of  such  poles  as  erected,  and  said  city  engineer 
shall  ascertain  and  determine  the  actual  cost  of  said  poles 
erected,  and  certify  the  amount  which  he  shall  find  to  he  cor- 
rect, and  keep  a  record  thereof  in  his  office  for  public  inspec- 
tion. Upon  the  first  application  as  aforesaid  to  use  the  poles 
so  erected,  the  applicant  shall  pay  to  the  United  States  Elec- 
tric  Lighting  Company  one-half  i1.-  of  said  actual  cost  of 
said  poles,  so  determined  by  said  city  engineer;  and  in  case  of 
a  second  application,  the  applicant  shall  pa)  one-third  (1  3) 
of  such  cost,  the  same  to  be  divided  equally  between  t In- 
United  States  Electric  Lighting  Company  and  the  firsl  appli- 
cant; and  successive  applicants  shall  pay  their  proportionate 
share  of  such  cost,  the  same  to  be  divided  proportionately  in 
like  manner,  and  all  applicants  so  paying  their  proportionate 
share  of  the  cost  of  said  poles  shall  become,  and  lie  by  com- 
mon consent,  joinl  owners  with   said   United  States   Electric 

Lighting  Company  of  said   pole-,,  and   shall   be  entitled   to  use 
them  for  the  purpose  of  electric  lighting;  and  it   is  conditional, 
that  if  an)  other  corporations,  companies  of  persons,  have  pro 
I  or  shall  procure  like  permission  from  said  common  cum 
cil  to  creei  poles  ■  "i  said  streets  or  any  of  them,  and  shall  actu 
ally  erect  it-  poles  "ii  any  of  --aid  streets  before  -aid   United 
States  Electric  Lighting  Compan)  shall  have  erected  it-  poles 
on  such   street,  then  the  permission  hereb)    granted  i-  with 
drawn,  and   said    United   States    Electric    Lighting   Comp 
shall  b(   restricted  to  using  such  poles  then  alread)  I  \\n 

der  the  conditions  as  herein  contained  ;  and  ii  is  expressly 
ditioned  ami  provided,  thai  in  case  -aid  United  Stat 
trie  Lighting  Compan)   -hall  •  .allow  an)   applicant  t*> 

use  its  poles  upon  payment  of  the  proportionate  amounl  t' 

for,    and    to    sell    to    -aid    applicant    -nch    propi 

said   poll-   a-   lnrciu   provided,   thereupon   the   righl 
United  States  Electri<    Lighting  Compan)   to 
lain  its  poles  upon  tl  and  the 

same  shall  be  forthwith  removed  from  such 

them,    upon    and    under    the    older    and    dil  till     '''in 


640 

mon  council;  and  it  is  expressly  provided,  that  the  acceptance 
of   this   permission   by   the    United    States   Electric   Lighting 

pany,  either  by  resolution  of  the  board  of  directors  or  by 
acting  hereunder  in  the  erection  of  its  poles  shall  be  an  ac- 
ceptance of  all  the  conditions  and  provisions  herein  contained; 
and  it  is  further  provided,  that  the  rights  hereby  granted  are 
further  subject  to  all  the  conditions  and  requirements  of  the 
ordinance  heretofore  passed,  allowing  said  United  States  Elec- 
tric Lighting  Company  to  use  the  streets  of  said  city  for  the 
erecting  of  poles  for  the  purpose  of  electric  lighting. 
(Ord.  approved  April  18,  1882,  §  1.) 

(Repealed  by  resolution  of  council  May  29,  1900.) 

VALLEY  IRON  WORKS. 
Ordinance  No.  1366. 

(Approved  July  2,  1890.) 

1709.  An  Ordinance  granting  unto  John  Grant  and  Thomas 
Cameron,  copartners  as  the  Valley  Iron  Works, 
privilege,  to  use  and  occupy  a  portion  of  the  levee 
in  the  Sixth  ward  of  the  City  of  St.  Paul,  and  to 
erect  and  maintain  buildings  on  the  same  and  carry 
on  the  business  of  a  foundry  and  working  in  metals 
thereon,  and  to  repeal  Ordinance  No.  1355. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  That  permission  and  authority  is  hereby  given 
and  granted  unto  John  Grant  and  Thomas  Cameron,  copart- 
ners as  the  Valley  Iron  Works,  to  use  and  occupy  until  the 
first  day  of  July,  A.  D.  1916,  for  manufacturing  purposes,  that 
portion  of  the  levee  and  land  in  the  Sixth  ward  of  the  City  of 
St.  Paul  as  follows  : 

That  tract  and  parcel,  of  land  situated  in  the  City  of  St. 
Paul  and  County  of  Ramsey,  described  as  follows,  to-wit : 
Beginning  at  a  point  on  the  lot  line  between  lots  three 
)  and  four  (4),  in  block  three  (3),  of  Bazille  &  Robert's  Ad- 
dition to  the  City  of  St.  Paul,  sixty  (60)  feet  northerly  from 
the  southerly  line  of  the  levee  in  the  Sixth  ward  of  said  city; 
thence  easterly  and  parallel  with  said  levee  line  to  the  east 


641 

line  of  lot  two  (2)  of  block  three  (3)  of  said  addition  ;  thence 
northerly  along  the  said  easterly  line  of  said  lot  two  (2)  pro- 
duced to  the  Mississippi  river;  thence  along  the  bank  of  said 
river  to  the  aforesaid  lot  line  between  said  lots  three  (3)  and 
four  (4)  if  produced;  thence  southerly  along  the  said  lot  line 
1  ist  named  to  the  point  of  beginning,  which  property  as  herein 
described  forms  a  part  of  the  so-called  levee  in  the  Sixth 
ward  of  St.  Paul. 
(As  amended  by  Ord.  Xo.  1545,  approved  (  )ct.  20,   L891,  §  l.i 

1710.  Sec.  2.  That  permission  and  authority  is  hereby 
given  and  granted  unto  John  Grant  and  Thomas  Cameron,  co 
partners  as  the  Valley  Iron  Works,  to  erect,  construct  and 
maintain  frame  buildings  upon  said  premises  for  use  in  their 
business  of  a  foundry  and  working  in  metals,  and  also  such 
additions  to  such  buildings,  and  an  engine  and  boiler  house 
and  such  outhouses  and  other  structures  as  may  be  necessary 
or  convenient  for  the  carrying  on  of  their  said  business,  all 
their  buildings  and  additions  thereto,  engine  and  boiler  house, 
outhouses  and  Structures  to  be  buill  under  the  direction  and 
according  to  the  instructions  of  the  building  inspector  of  said 
city,  ami  payment  of  all  city  fees  therefor. 

The   main   building   to   be   of   the   Eollowing   dimensions: 
Forty  by  eighty  t  10x80)  feet,  in  part  one  (  1  i  and  in  part  two 
tones  high,  and  the  engine  and  boiler  house  to  be  sixteen 
by  thirty  i  16x30)  feet,  one  I  I  i  stor)  high. 

1711.  See.  :;.  \'o  rights  acquired  under  this  ordinance 
shall  be  transferred  to  any  other  person  unless  the  consenl  of 
tin   common  council  shall  be  firsl  obtained. 

1711^2.  ec.    I.     That  that  certain  ordinance  number  thir 

teen  hundred  and  fifty-five  (1355),  approved  by  the  mayoi  of 
said  cit)  June  5,  1890,  be  and  the  same  i^>  hereby  in  all  th 
r.  pealed. 

Si  e.  .'».     'I  his  ordinance  shall   take  effeel  and  be  in  force 
fo .m  and  after  its  p.  rttl  publication. 


642 

SAME. 
Ordinance  No.  2267. 

(Approved  March  6,  1902.) 

1712.  An  Ordinance  supplemental  to  Ordinance  No.  1366, 

as  amended,  granting  unto  the  Valley  Iron  Works 
permission  to  use  a  portion  of  the  levee  in  the  Sixth 
Ward  of  the  City  of  St.  Paul,  for  manufacturing 
purposes. 
Whereas.  Under  the  provisions  of  Ordinance  No.   1366, 
approved  July  1,  1890,  John  Grant  and  Thomas  Cameron,  co- 
partners as  the  Valley  Iron  Works,  were  granted  the  right  to 
use  and  occupy  for  the  period  of  ten  years  from  the  date  of 
the  passage  of  said  ordinance,  for  manufacturing  purposes  in 
the  line  of  the  business  of  said  company,  certain  land  situated 
in    Bazille  and   Robert's  Addition   to  West   St.   Paul,   and   to 
erect  thereon  certain  buildings  for  the  use  of  its  said  business; 
and 

1713.  Whereas,  Under  and  pursuant  to  the  terms  of  Ordi- 
nance No.  1545,  approved  Oct.  22,  1890,  the  rights  granted  un- 
to said  Grant  and  said  Cameron,  under  said  Ordinance  No. 
1366.  were  extended  until  the  first  day  of  July,  A.  D.  1916; 
and 

1714.  Whereas,  Said  company,  pursuant  to  said  permis- 
sion, entered  upon  said  land  and  erected  certain  building  and 
made  extensions  and  improvements  thereon,  and  said  Grant 
and  Cameron  have  applied  for  an  additional  parcel  of  land 
next  to  and  adjoining  that  heretofore  granted  them  under  and 
pursuant  to  the  terms  of  said  Ordinance  No.  1366. 

1715.  Now,  therefore,  the  Common  Council  of  the  City  of 
St.  Paul  do  ordain  as  follows: 

Sec.  1.  That  permission  and  authority  is  hereby  granted 
unto  said  John  Grant  and  Thomas  Cameron,  copartners  as  the 
Valley  Iron  Works,  to  use  and  occupy  that  portion  of  the 
levee  in  the  Sixth  ward  of  the  City  of  St.  Paul  described  and 
designated  as  follows: 

Beginning  at  the  northeast  corner  of  lot  5,  block  3,  Bazille 
and  Robert's  addition  to  the  City  of  St.  Paul ;  thence  northerly 


643 

along  a  line  as  will  be  established  by  producing  the  westerly 

lot  line  of  lot  -A  to  the  intersection  with  the  Mississippi  river : 
thence  westerly  to  the  easterly  right  of  way  line  of  the  Chicago 
&  Great  Western  Railroad;  thence  southwesterly  along  the 
easterly  right  of  way  line  of  said  Chicago  &  Great  Western 
railway  to  a  point  located  on  the  intersection  of  said  easterly 
right  of  way  line  of  the  Chicago  &  Great  Western  Railway. 
and  the  westerly  line  of  lot  5  produced;  thence  southerly  to 
the  northwest  corner  of  lot  5,  of  block  3,  Bazille  and  Robert's 
Addition  to  the  City  of  St.  Paul ;  thence  easterly  to  point  of 
beginning.  Until  the  first  day  of  July,  A.  D.  1916,  for  manu- 
facturing purposes  in  the  line  of  business  in  which  said  com- 
pany is  now  engaged. 

1716.  Sec.  ''.  The  authority  and  privilege  hereby  granted 
is  made  subject  to  all  the  terms  and  conditions  applicable 
hereto,  contained  in  said  Ordinance  No.  1366  and  No.  1545, 
hereinabove  referred  to  and  subject  to  the  rights  of  the  City 
of  St.  Paul  by  its  proper  officers  to  enter  at  any  time  on  the 
above  described  premises  for  the  purpose  of  cleaning,  main- 
taining and  repairing  the  sewer  situated  thereon. 

1717.  Sec.  3.  None  of  the  rights  conferred  by  this  ordin- 
ance shall  be  transferred  to  any  other  person,  firm  or  corpora- 
tion unless  and  until  the  consent  of  the  Common  Council  of 
said  city  to  such  transfer  shall  first  be  obtained. 

1718.  Sic   l.     Said  John  Grant  and  Thomas  Cameron, 
partners  as  the  Valley  Iron  Works,  the  grantees  herein,  with 

in   thirty   (30)    days  after  the  passage   and   publication   of  this 

ordinance,  shall  tile  in  tin-  office  of  the  City  Clerk  its  written 
acceptance  thereof,  the  same  to  be  in  such  form  as  shall  bi 
proved  by  the  corporation  attorney,  otherwise  tins  ordinance 
shall  be  of  no  force  i  »r  effect. 

Sec.  5.     This  ordinance  shall  take  effeel  and  be  in  force 
from    and   ai't.-r  its   |  publication   and   acceptance,  as 

in  provided. 


644 

SAME. 

Ordinance  No.  2120. 

(Approved  May  24,  1900.) 

1719.         An  Ordinance  to  grant  unto  J.  A.  Posey  permission 
to  use  a  portion  of  the  levee  in  the  Sixth  Ward  in 
the  City  of  St.  Paul. 
The  Common  Council  ^i  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  That  permission  and  authority  be  and  the  same 
is  hereby  given  unto  J.  A.  Posey  to  use  and  occupy,  for  the 
full  period  of  twenty-five  (25)  years  from  the  date  of  the  pass- 
'  this  ordinance,  for  the  purpose  of  constructing  and  man- 
ufacturing sheet  iron  smokestacks,  boilers  and  other  articles 
composed  or  manufactured  wholly  or  in  part  of  sheet  iron, 
that  portion  of  the  levee  in  the 'Sixth  ward  in  the  City  of  St. 
Paul  described  as  follows,  to-wit:  The  southerly  one  hun- 
dred and  thirty"  feet  (130)  of  lots  one  (1)  and  two  (.2.)  of 
block  one  hundred  eighty-eight  (188),  Robertson's  Addition 
to  West  St.  Paul,  according  to  the  plat  thereof  on  file  in  the 
office  of  the  Register  of  Deeds  of  Ramsey  Comity,  State  of 
Minnesota.  This  grant  and  permission  is  made  by  and  on  be- 
half of  the  City  of  St.  Paul  upon  the  express  conditions  and 
terms  hereinafter  set  forth,  to-wit: 

First — The    said   grantee   above   named   shall   pay   to   the 
City  of  St.  Paul,  as  compensation  and  rental  for  the  privileges 
hereby  granted,  the  sum  of  one  dollar  ($1)  per  annum,  payable 
annually  in  advance,  for  and  during  the  time  herein  specified. 
md     Said  grantee  shall  erect  upon  said  premises  and 
'tain  thereon  a  main  building  forty  (40)  feet  in  width  and 
xty  (60)  feet  in  length,  and  such  other  buildings  as  the  con- 
duct of  their  business  shall  hereafter  require;  all  of  said  build- 
hall  be  built  of  wood,  covered  with  corrugated  iron,  and 
II  be  built  under  and  upon  plans  approved  by  the  Building 
Inspector  of  said  city,  upon  obtaining  a  proper  permit  therefor. 
aid  buildings  shall  be  used  for  the  manufacturing  purposes 
above  set  forth  and  in  connection  therewith.     Provided,  how- 
ever, that  chimneys  and  smokestacks,  if  any  there  be,  to  be 
used   on    said   buildings,   shall   extend  at  least  fifty    (50)    feet 


645 

above  the  grade  of  the  streets  adjacent  thereto;  and  provided 
that  the  Common  Council  of  the  City  of  St.  Paul  may,  by 
special  resolution,  permit  the  erection  by  said  grantee  of  build- 
ings of  a  different  character  or  material  to  those  above  set 
forth. 

Third — The  grantee  herein  named  shall  complete  said 
buildings  and  have  said  business  in  full  operation  within 
twelve  (12)  months  from  the  passage  of  this  ordinance,  and 
within  ninety  (90)  days  after  the  expiration  of  the  term  of  the 
lease  herein  granted  said  building  or  buildings  shall  be  re- 
moved from  said  above-described  premises  by  said  grantee, 
and  in  case  of  failure  to  remove  said  buildings  within  said 
time  the  same,  or  such  part  thereof  as  may  thereafter  remain 
upon  said  premises,  shall  become  the  property  of  the  said 
City  of  St.  Paul. 

Fourth- — Said  grantee  shall  and  will  forever  indemnify 
and  save  harmless  the  City  of  St.  Paul  against  any  and  all 
damages,  judgments,  claims,  costs  and  expenses  of  the  same 
which  said  city  may  suffer  or  which  may  be  recovered  or  ob- 
tained from  or  against  said  city  from  or  by  reason  of  or  grow 
ing  out  of  or  resulting  from  the  passage  of  this  ordinance,  or 
tin-  performance  or  transaction  of  any  matter  or  thing  con- 
nected therewith  or  mentioned  therein,  or  in  the  exercise  by- 
said  grantee  of  the  privileges  herein  granted. 

Fifth — Tin-  said  grantee  -hall,  in  the  prosecution  of  the 

manufacturing   business    to    be    carried    on    upon    the    property 

d  to  him  under  this  ordinance,  constantly  keep  employed 

throughout  the  entire  period  For  which  said  propert)  is  leased 

than  eighl    (8)   adull   persons,  all  of  whom  shall  be 

resident-   of   the   City   of   St.    Paul. 

1720.  2,  This  ordinance  shall  nol  he  considered  or 
construed  a-  in  any  manner  guaranteeing  or  warranting  any 

of  the  rights  hereby   -ranled,  nor  the  title  of  an)    of  the   lands 

her<  in  described. 

1721.  •'!.     All  the  piling,  riprapping  and  filliri 

sary  to  be  done  on  the  land  above  described  -hall  he  let  t.i  St. 
Paul  contractors,  or  he  performed  by  persons  or  laborei 

siding   in    the   City   of   St.    Paul,   and    all    the   stone   used    in   the 

truction  of  any  of  the  ^aid  buildings  constructed  on  said 


646 

lises  shall  be  of  St.  Paul  manufacture  or  quarried  in  said 
city. 

1722.  Sec.  1.  If  the  grantee  shall  fail  in  any  respect  to 
comply  with  the  provisions  of  this  ordinance  then  all  the  privi- 

-    herein    granted   shall   he   immediately   forfeited   to   the 
City  of  St.  Paul  and  this  grant  or  lease  be  thereby  terminated 
rfeited. 

1723.  Sec.  5.  All  buildings  placed  on  said  lands  as  herein 
provided  shall  be  personalty  for  the  purposes  of  taxation,  and 
said  grantee  agrees  to  pay  all  taxes  which  may  be  levied  or 

ssed  on  said  buildings;  and  in  case  said  grantee  shall  al- 
1..W  said  taxes  to  remain  unpaid  until  the  date  of  the  sale 
thereof-,  then  all  the  rights  and  privileges  hereby  granted  shall 
r<  vert  to  the  City  of  St.  Paul  and  this  lease  shall  thereupon 
terminate. 

1724.  Sec.  6.  The  said  grantee  shall,  not  later  than  twelve 
I  12)  months  after  the  passage  of  this  ordinance,  begin  the 
prosecution  of  said  manufacturing  business  hereinbefore  de- 
scribed on  said  premises,  and  during  the  continuance  of  this 

-hall  continuously  prosecute  the  same;  and  if  dur- 
ing the  term  of  this  lease  said  grantee  shall  fail  for  any 
of  the  thirty  (30)  days  to  conduct  said  manufacturing 
business  as  aforesaid,  then  said  city  shall  have  the  right 
and  option,  by  a  resolution,  upon  thirty  (30)  days'  writ- 
ten notice  to  said  grantee  of  its  intention  to  do  so, 
to  cancel  and  terminate  said  lease.  Provided,  that  fail- 
ure to  prosecute  said  business  as  aforesaid  caused  by  flood  or 
damage  by  fire  or  the  elements,  or  strikes,  shall  not  be  taken 
as  a  part  of  said  thirty  (30)  days. 

1725.  Sec.  7.  If  said  grantee  shall  fail  to  comply  with  any 
of  the  provisions  of  this  ordinance,  then  said  city  has  the  right 
and  option,  upon  giving  thirty  (30)  days'  written  notice  to 
said  grantee  of  its  intention  to  do  so,  to  terminate  and  forfeit 

-<•.     Provided,   that  in  case  this  lease  is  forfeited  by 
said  city  or  otherwise,  for  any  reason,  then  said  grantee  shall 
ive  the  right  during  the  six  (6)  months  next  following  such 
>rfeiture    to   remove    its   machinery,   property   and   improve- 
ments from  said  premises. 


Gd7 

1726.  Sec.  8.  All  rights  hereby  granted  shall  at  all  times 
be  subject  to  all  ordinances  of  said  City  of  St.  Paid  now  in 
force,  or  which  may  hereafter  be  passed,  and  no  rights  ac- 
quired under  this  ordinance  shall  be  transferred  to  any  other 
party  unless  the  consent  of  the  Common  Council  of  said-city 
shall  be  first  obtained. 

1727.  Sec.  9.  Said  grantee  shall  file  with  the  City  Clerk 
of  said  city,  within  thirty  (30)  days  after  the  publication  of 
this  ordinance,  his  written  acceptance  of  the  provisions  there- 
of, and  an  agreement  to  perform  all  the  terms  thereof,  the 
same  to  be  approved  by  the  Corporation  Attorney . 

Sec.  10.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  publication  and  acceptance,  as  pro- 
vided herein. 

SAME. 

Ordinance  No.  2139. 

I  \pproved  September  15,  L900.) 

1728.  An  Ordinance  granting  unto  J.  A.  Posey  and  W.  T. 

Calton,  doing  business  under  the  firm  name  and 
style  of  Vulcan  Boiler  Works,  permission  to  use  a 
portion  of  the  levee  in  the  Sixth  ward  in  the  City 
of  St.  Paul. 

The  Common  Council  of  the  Citj    of  St.   Paul  do  ordain  as 
fi  illows : 

I.     That  permission  and  authority  be  and  the  same 
is  hereby  given  unto  J.  A.  Pose)  and  \\  .  T.  Calton,  doing  busi 
ness  under  the  firm  name  and  style  of  Vulcan  Boiler  Works, 
to  use  and  occupy,  for  the  full  period  of  twent)  -fiv<  from 

the  date  of  the  p  of  this  ordinance,  for  the  purpo  < 

tructing  and  manufacturing  sheel  iron  smokestacks,  boil 
ers  and  other  articles  composed  or  manufactured  wholly  or  in 
part  of  dieet  iron,  thai  portion  of  the  levee  in  the  Sixth  ward 
in  the  city  of  St.   Paul,  described  as  follows,  to-wit:       The 

southerly   one    hundred   and    thirty    (  I 

two  (2)  and  three  (3)  of  block  one  hum  lied  eighty-eight  |  I 
Robert -on'-  addition  to  Wesl  St.  Paul,  a<        I  the  plat 

thereof  on  file  in  the  ofl I  th<  of  deeds  of  Rai 


G  is 

state  of  Minnesota,  subject,  however,  to  an  easement 

ned  b)  said  Cit\  of  St.  Paul  on  lots  one  (1)  and  two  (2), 
>r  a  bridge  leading  to  the  public  baths,  and  an  entrance  there- 
to, but  which  said  easement  shall  be  relinquished  by  said  city 
'aul  as  soon  as  the  necessity  therefor  is  removed;  all 

hich  said  easement  is  in  accordance  with  the  plat  hereto 
attached.  This  grant  and  permission  is  made  by  and  on  behalf 
of  the  Cit)  of  St.  Paul  upon  the  express  conditions  and  terms 
hereinafter  set  forth,  to-wil  : 

First — The  said  grantee  above  named  shall  pay  to  the 
Cit)  of  St.  Paul,  as  compensation  and  rental  for  the  privileges 
hereby  granted,  the  sum  of  one  dollar  ($1)  per  annum,  payable 
annually  in  advance,  for  and  during  the  time  herein  specified. 

Second — Said  grantee  shall  erect  upon  said  premises  and 
maintain  thereon  a  main  building  forty  (40)  feet  in  width  and 
sixty  (60)  feet  in  length,  and  such  other  buildings  as  the  con- 
duct of  their  business  shall  hereafter  require;  all  of  said  build- 
ings shall  be  built  of  wood,  covered  with  corrugated  iron,  and 
shall  be  built  under  and  upon  plans  approved  by  the  Building 
[nspector  of  said  city,  upon  obtaining  a  proper  permit  there- 
for.    Said  buildings  shall  be  used  for  the  manufacturing  pur- 

s  above  set  forth  and  in  connection  therewith.  Provided, 
however,  that  chimneys  and  smokestacks,  if  any  there  be,  to 
be  used  on  said  buildings,  shall  extend  at  least  fifty  (50)  feet 
above  the  grade  of  the  streets  adjacent  thereto;  and  provided 
that   the   Common   Council  of  the   City  of  St.   Paul  may,   by 

ial  resolution,  permit  the  erection  by  said  grantee  of  build- 
ings of  a  different  character  of  material  to  those  above  set 
forth. 

Third — The    grantee    herein    named    shall    complete    said 

buildings    and    have    said    business    in    full    operation    within 

twelve   (12)   months  from  the  passage  of  this  ordinance,  and 

within  ninety  (90)  days  after  the  expiration  of  the  term  of  the 

herein   granted   said  building  or  buildings  shall  be   re- 

noved   from  said  above-described  premises  by  said   grantee, 

1  in  case  of  failure  to  remove  said  buildings  within  said  time 

same,  or  such  part  thereof  as  may  thereafter  remain  upon 
1  premises,  shall  become  the  propertv  of  the  said  City  of 
St.  Paul. 


640 

Fourth — Said  grantee  shall  and  will  forever  indemnify 
and  save  harmless  the  City  of  St.  Paul  against  any  and  all 
damages,  judgments,  claims,  costs  and  expenses  of  the  same 
which  said  city  may  suffer  or  which  may  be  recovered  or  ob- 
tained from  or  against  said  city  from  or  by  reason  of  or  grow- 
ing out  of  or  resulting  from  the  passage  of  this  ordinance  or 
performance  or  transaction  of  any  matter  or  thing  connected 
therewith  or  mentioned  therein,  or  in  the  exercise  by  said 
grantee  of  the  privileges  herein  granted. 

Fifth — The  said  grantee' shall,  in  the  prosecution  of  the 
manufacturing  business  to  be  carried  on  upon  the  property 
leased  to  him  under  this  ordinance,  constantly  keep  employed 
throughout  the  entire  period  for  which  said  propert)  is  leased 
not  less  than  eight  (8)  adult  persons,  all  of  whom  shall  be  resi- 
dents of  the  City  of  St.  Paul. 

1729.  Sec.  2.  This  ordinance  shall  not  be  considered  or 
construed  as  in  any  manner  guaranteeing  or  warranting  an)  of 
the   rights  hereby  granted,  nor  the  title  of  any  of  the   lands 

herein  described. 

1730.  Sec.  :;.  All  the  piling,  riprapping  and  filling  neces- 
sary to  be  done  on  the  land  above  described  shall  be  let   to    >i . 

Paul  contractors,  or  be  performed  by  persons  or  laborers  re 
siding  in  the  City  of  Si.   Paul,  and  all  the  stone  used  in  the 
construction  of  any  of  the  said  buildings  constructed  on  said 
premises  shall  be  of  St.  Paul  manufacture  or  quarried  in  said 

city. 

1731.  Sec.    I.     If  said  grantee  -hall   fail  in  .- 1 1 1 \    respeel   t" 

comply  with  the  provisions  of  this  ordinance  then  all  the  prh 
-    herein    granted    shall    lie    inimediateh     forfeited    to    the 

City  of  St.  Paul  and  iln-  granl  or  lease  he  thereb)  terminated 
or  f<  >rfeit<  d. 

1732.  Sec  5.  \ll  buildings  placed  on  said  lands  as  herein 
provided  shall  1><-  personalt)  for  the  purposes  of  taxation,  and 
said  grantee  agrees  to  pa}  all  taxes  which  ma}  be  levied  or 
assessed  on  said  buildings;  and  in  case  said  grantee  shall  al 

low    said    taxes    to    remain    unpaid    until    the    date    of    the    sale 

thereof,  then  all  the  rights  and  privileges  hereb)  granted  shall 


650 

the  City  of  St.  Paul  and  this  lease  shall  thereupon 
terminate. 

1733.  See.  i'..     The  said  grantee  shall,  not  later  than  twelve 
(12)    months  after  the  passage  of  this  ordinance,  begin  the 

:ution  of  said  manufacturing  business  hereinbefore  de- 
scribed  on  said  premises,  and  during  the  continuance  of  this 

shall  continuously  prosecute  the  same;  and  if  during  the 
term  of  this  lease  said  grantee  shall  fail  for  any  of  the  thirty 

days  to  conduct  said  manufacturing  business  as  afore- 
said, then  said  city  shall  have  the  right  and  option,  by  a  reso- 
lution, upon  thirty  (30)  days'  written  notice  to  said  grantee 
of  its  intention  to  do  so,  to  cancel  and  terminate  said  lease. 
Provided,  that  failure  to  prosecute  said  business  as  aforesaid 
caused  by  flood  or  damage  by  fire  or  the  elements,  or  strikers, 
shall  not  be  taken  as  a  part  of  said  thirty  (30)  days. 

1734.  Sec.  T.  If  said  grantee  shall  fail  to  comply  with  any 
of  the  provisions  of  this  ordinance,  then  said  city  has  the  right 
and  option,  upon  giving  thirty  (30)  days'  written  notice  to  said 
grantee  of  its  intention  to  do  so,  to  terminate  and  forfeit  this 
lease.  Provided,  that  in  case  this  lease  is  forfeited  by  said 
city  or  otherwise,  for  any  reason,  then  said  grantee  shall  have 
the  right  during  the  six  (6)  months  next  following  such  for- 
feiture to  remove  its  machinery,  property  and  improvements 
from  said  premises. 

1735.  Sec.  8.  All  rights  hereby  granted  shall  at  all  times 
be  subject  to  all  ordinances  of  said  City  of  St.  Paul  now  in 
force,  or  which  may  hereafter  be  passed,  and  no  rights  ac- 
quired under  this  ordinance  shall  be  transferred  to  any  other 
party  unless  the  consent  of  the  Common  Council  of  said  city 
shall  be  first  obtained. 

1736.  Sec.  U.  Said  grantee  shall  file  with  the  City  Clerk 
of  said  city,  within  thirty  (30)  days'  after  the  publication  of 

s  ordinance,  his  written  acceptance  of  the  provisions  there- 
and   an   agreement  to  perform  all  the  terms  thereof,  the 
same  to  be  approved  by  the  Corporation  Attorney. 

Sec.  10.     Ordinance  No.  2120,  approved  May  24,  1900,  is 
herebv  rescinded. 


G51 

Sec.  11.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  publication  and  acceptance,  as  pro- 
vided therein. 


VULCAN  BOILER  WORKS. 
Ordinance  No.  2168. 

(Approved  Feb.  7,  1901.) 

1737.  An  Ordinance  giving  consent  to  and  approval  of  con- 

veyance by  W.   T.   Calton  to  J.   A.   Posey  of  his 
rights  to  part  of  lots  1,  2  and  3,  in  block  188,  of 
Robertson's  Addition  to  West  St.  Paul. 
The   Common  Council  of  the   City  of   St.   Paul  do  ordain  as 
follows : 

Sec.  1.  Whereas,  Permission  and  authority  was.  by  Or- 
dinance numbered  2139,  duly  passed  by  the  Common  Council 
of  the  City  of  St.  Paul,  and  approved  September  15th,  1900, 
and  published  September  19th,  1900,  granted  to  J.  A.  L'osey 
and  W.  T.  Calton,  doing  business  under  the  firm  name  of 
Vulcan  Boiler  Works,  the  right  to  use  and  occupy  for  the  full 
period  of  25  years  from  the  date  of  the  passage  of  said  ordi- 
nance, for  the  purpose  of  constructing  and  manufacturing 
sheet  iron  smokestacks,  boilers  and  other  articles  compi 
or  manufactured  wholly,  or  in  part,  of  sheet  iron,  thai  porl 
of  the  levee  in  the  Sixth  ward  in  the  Cit)  of  St.  Paul,  described 
as  follows,  to-wit:  The  southerly  L30  feel  of  lots  l.  2  and  3, 
in  block  L88,  of  Robei  Addition  to  West  St.  Paul,  sub 

to  the  easements  retained  by  said  City  of  St.  Paul,  on  lots  one 
i  l  i  and  two  i ".'  i  for  a  bridge  leading  to  the  public  baths  and 
entrances   therefc  which   granl    was   upon   certain   con- 

ditions contained  in  said  ordinance  and, 

1738.  Whereas,  said  W.  T.  Calton  lias  hen  dul)  con- 
veyed all  his  rights  thereunder  and  interesl  therein  to  J.    \. 

3 ,  wli«.  hi  i  >\<<\  to  the  busiw  aid  firm  ; 

Now,  therefore,  the  consent,  permission  and  approval  of 
the  Cit\  of  St.  Paul  for  such  conveyance  1"'.  and  the  same  is 
hereby  granted  to  said  W.  T.  Calton,  it  being  expressly  un- 


652 

I  that  his  assignee,  J.  A.  Posey,  is  to  comply  with  all 
>Miitlitii>n^  and  terms  "i  said  ordinance. 
Sec.  '.'.      This  ordinance  shall  take  effect  and  he  in  force 
from  and  after  its  passage  and  pnhlication. 

SAME. 

Ordinance  No.  2499. 

i  Approved  February  23,  1905.) 

1739.  An  Ordinance  consenting  to  the  transfer  and  assign- 
ment unto  the  St.  Paul  Boiler  and  Manufacturing 
Company,  a  Corporation,  of  the  rights  and  privi- 
leges acquired  by  J.  A.  Posey  and  W.  T.  Calton, 
under  Ordinance  No.  2139  of  the  General  Ordi- 
nances of  the  City  of  St.  Paul,  entitled,  "An  Ordi- 
nance granting  unto  J.  A.  Posey  and  W.  T.  Calton, 
doing  business  under  the  firm  name  and  style  of 
the  Vulcan  Boiler  Works,  permission  to  use  a  por- 
tion of  the  levee  in  the  Sixth  ward  in  the  City  of 
St.  Paul,"  approved  Sept.  15,  1900. 
The  Common  Council  T5f  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  Whereas,  By  Ordinance  Xo.  2139  of  the  General 
I  'rdinances  of  the  City  of  St.  Paul,  entitled  "An  Ordinance 
granting  unto  J.  A.  Posey  and  W.  T.  Calton,  doing  business 
under  the  firm  name  and  style  of  the  Vulcan  Boiler  Works, 
permission  to  use  a  portion  of  the  levee  in  the  Sixth  Ward  in 
the  City  of  St.  Paul."  approved  Sept.  15,  1900,  the  Common 
Council  of  the  City  of  St.  Paul  did  grant  to  the  said  J.  A. 
y  and  W.  T.  Calton  permission  and  authority  to  use  and 
occupy  for  the  period  of  twenty-five  years  for  the  purpose  of 
constructing  and  manufacturing  sheet  iron  smokestacks,  boil- 
ers and  other  articles  composed  and  manufactured  wholly  or 
•:  part  of  sheet  iron,  that  portion  of  the  levee  in  the  Sixth 
ward  in  the  City  of  St.  Paul,  described  as  follows,  to-wit: 

The  southerly  one  hundred  and  thirty   (130)  feet  of  lots 

one  id  i.  two  (2  I.  and  three  (3),  block  one  hundred  and  eighty- 

-  >.  Robertson's  Addition  to  West  St.  Paul,  according 


653 

to  tlie  recorded  plat  thereof  on  file  in  the  office  of  the  Register 

of  Deeds  in  and  for  the  County  of  Ramsey  and  Stale  of  .Min- 
nesota, and, 

1740.  Whereas,  Said  Ordinance  No,  2139  was  duly  accepted 
by  said  J.  A.  Posey  and  W.  T.  Calton  by  filing  their  written 
acceptance  thereof  in  the  office  of  the  City  Clerk  of  said  City 
of  St.  Paid,  and. 

1741.  Whereas,  All  the  rights  and  privileges  acquired  by 
said  J.  A.  Posey  and  W.  T.  Calton  under  said  <  Irdinance  Mo. 
2139  were  with  the  consent  and  permission  and  authorit)  of 
the   Mayor  and  Common   Council   of   said   cit)    dul)    assigned 

and  transferred  to  Frederick   Smith  and  W.  J.   Richards,  and. 

1742.  Whereas,  Said  Frederick  Smith  and  W.  J.  Richards 
desire  to  transfer  and  assign  to  the  St.  Paul  Boiler  and  Manu- 
facturing Company  all  the  rights  and  privileges  granted  b) 
said  Ordinance  No.  2139  and  acquired  by  them  as  aforesaid, 

1743.  Now,  Therefore,  permission  and  authorit)    is  hereby 
granted  to  the  said  Frederick  Smith  and  \\  .  J,  Richards  to  as 
sign  and  transfer  to  said  St.   Paul   Boiler  and   Manufacturing 
Company  all  the  rights  and  privileges  granted  to  and  acquired 

aid  I.  A.  Pose)  and  W.  T.  Calton  under  and  pursuant  t<> 
the  terms  of  said  Ordinance  X"-  2139,  and  acquired  1>\  said 
Smith  and  Richards  as  aforesaid,  and  the  Common  Council  of 
the  City  of  St.  Paul,  does  hereb)  consenl  to  such  transfer  and 

'innent.  subject,  however,  to  the  full  and  complete  com- 
pliance with  the  terms  ,,f  said  <  Ordinance  No.  2139  b)   said  St. 
Paul  Boiler  and  Manufacturing  Company,  and  subject,  also,  t" 
all   the  r i L4 1 ) t ~   reserved   to  the   Cit)    of  St.    Paul  b)    tin-  pro 
vision*,  of  -aid  ordinance  and  subject  t"  the  present  right 
the  i  ity  for  a  bridge  and  approach  to  the  public  baths. 

1744.  That  said  St.  Paul  Boiler  and  Manul 

Compan)     -hall    file    with    the    said    ClerK    of    -aid    cit)     within 

thirty  i :!"  i  days  after  tin   passage  and  publication  of  this  ordi 
nance  their  written  acceptance  of  the  pn  and 

an  agreemenl  to  perform  all  of  said  terms  thereof,  tin 
be  appn  *\  ed  b)     aid  <  lorporation    \tt<  »i  - 

1745.  '  >rdinancc   mall  I 

fi  .1 1  e    fr<  »iii  and   a  ft<r  it  -   ;  I,  pnhlie.iti-  HI    .in  ' 

ceptance  ;i-  herein  pr< rvided. 


65  I 


SAME. 

Ordinance  No.  2366. 

(Approved  April  11,  1903.) 

1746.  An  Ordinance  consenting  to  the  transfer  and  assign- 
ment unto  Frederick  Smith  and  W.  J.  Richards, 
copartners,  as  the  Vulcan  Boiler  Works,  of  the 
rights  and  privileges  acquired  by  J.  A.  Posey  and 
W.  T.  Calton  under  Ordinance  No.  2139  of  the  gen- 
eral ordinances  of  the  City  of  St.  Paul,  entitled: 
"An  Ordinance  granting  unto  J.  A.  Posey  and  W. 
T.  Calton,  doing  business  under  the  firm  name  and 
style  of  the  Vulcan  Boiler  Works,  permission  to 
use  a  portion  of  the  levee  in  the  Sixth  ward  in  the 
City  of  St.  Paul,"  approved  Sept.  15,  1900. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  "Whereas,  By  Ordinance  No.  2139  of  the  general 
ordinances  of  the  City  of  St.  Paul,  entitled:  "An  ordinance 
granting  unto  J.  A.  Posey  and  W.  T.  Calton,  doing  business 
under  the  firm  name  and  style  of  the  Vulcan  Boiler  Works, 
permission  to  use  a  portion  of  the  levee  in  the  Sixth  ward  in 
the  City  of  St.  Paul,"'  approved  Sept.  15,  1900,  the  Common 
Council  of  the  City  of  St.  Paul  did  grant  to  the  said  J.  A. 
Posey  and  W.  T.  Calton  permission  and  authority  to  use  and 
occupy,  for  the  period  of  twenty-five  years,  for  the  purpose 
of  constructing  and  manufacturing  sheet  iron  smoke  stacks, 
boilers  and  other  articles  composed  and  manufactured  wholly 
or  in  part  of  sheet  iron,  that  portion  of  the  levee  in  the  Sixth 
ward  in  the  City  of  St.  Paul  described  as  follows,  to-wit:  The 
southerly  one  hundred  and  thirty  feet  of  lots  one,  two  and 
three,  block  one  hundred  and  eighty-eight,  Robertson's  ad- 
dition to  West  St.  Paul,  according  to  the  recorded  plat  there- 
of on  file  in  the  office  of  the  Register  of  Deeds, .  Ramsey  coun- 
ty, Minnesota ;  and 

1747.  Whereas,  Said  Ordinance  No.  2139  was  duly  ac- 
cepted by  said  J.  A.  Posey  and  W.  T.  Calton  by  filing  their 
written  acceptance  thereof  in  the  office  of  the,Citv  Clerk;  and 


( ;  5  5 

Whereas,  Said  J.  A.  Posey  and  W.  T.  Calton  desire  to 
transfer. and  assign  to  Frederick  Smith  and  W.  J.  Richards  all 
the  rights  and  privileges  acquired  by  said  Posey  and  Calton, 
under  and  pursuant  to  the  terms  of  said  Ordinance  1N0.  2139; 
and  the  Common  Council  of  the  City  of  St.  Paul  does  hereby 
consent  to  such  transfer  and  assignment  subject,  however,  to 
the  full  and  complete  compliance  of  the  terms  of  the  said  Or- 
dinance Xo.  2139  by  said  Frederick  Smith  and  W.  J.  Richards, 
and  subject  also  to  all  the  rights  reserved  to  the  City  of  St. 
Paul  by  the  provisions  of  said  ordinance. 

1748.  Sec.  2.  That  said  Frederick  Smith  and  W.  J.  Rich- 
ards shall  file  with  the  City  Clerk  of  said  city,  within  thirty 
days  after  the  passage  and  publication  of  this  ordinance,  their 
written  acceptance  of  the  provisions  hereof  and  an  agreement 
to  perform  all  of  said  terms  thereof,  the  same  to  be  approved 
by  the  corporation  attorney. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval,  publication  and  accept- 
ance; as  herein  provided. 

E.  C.  WARNER. 

Ordinance  No.  2134. 

(Approved  July  21.  1900.) 

1749.  An  Ordinance  granting  to  E.  C.  Warner  permission 

to  construct  a  railroad  spur  track  across  Manvel 
avenue,  from  lot  1  in  block  57  to  lot  1  in  block  58 
of  St.  Anthony  Park,  and  across  the  alley  lying  be- 
tween said  block  58  and  the  right  of  way  of  the 
Great  Northern  Railway  company. 
Whereas,  It  has  been  made  to  appear  upon  the  petition  oi 
one  E.  C.  Warner  thai  he  is  aboul  to  construcl  a  linseed  oil 
mill,  giving   continuous   employmenl    t<>  one  hundred    (100) 
men,  at  a  location  to  the  wesl  of  St.  Anthony  Park,  and  thai  in 
order  to  enable  him  to  operate  said  mill  it  will  be  n 
for  him  to  have  certain  facilities  for  railroad  connections;  and 

Whereas,   It  has  been  made  further  to  appear  thai 
!•'..  C.  Warner  i^  the  ^uner  of  all  the  land  affected  in  any  way 
by  the  permission  herein  ami  hereby  granted; 


65G 

\..\\   therefore,  The  Common  Council  of  the  City  of  St. 
Paul  do  ordain  as  follows : 

1750.  Sec.  1.  Thai  permission,  privilege  and  authority  be 
and  it  is  hereby  granted  to  E.  C.  Warner  to  construct  a  rail- 
road spur  track  across  Manvel  avenue,  from  lot  1  in  block  57- 
to  lot  1  in  block  58  of  St.  Anthony  Park,  and  also  across  the 
alley  lying  between  said  block  58  and  the  right. of  way  of  the 
('.reat  Northern   Kailway  company,  as  it  at  the  present  exists. 

1751.  Sec.  2.  The  privilege,  permission  and  authority 
herein  contained  .and  hereby  granted  shall  be  subject,  how- 
ever, to  all  existing  terms  and  provisions  of  law'  and  of  the 
charter  and  ordinances  of  the  City  of  St.  Paul,  and  shall  be 
further  subject  to  regulation,  control  and  revocation  by  the 
Common  Council  of  said  city. 

1752.  Sec.  3.  The  grantee  herein  shall,  within  ten  (10) 
days  after  the  passage,  approval  and  publication  hereof,  file 
in  the  office  of  the  City  Clerk  an  acceptance  in  writing  of  the 
terms  hereof,  and  attached  thereto,  and  as  a  part  of  said  writ- 
ten acceptance,  he  shall  also  file  a  bond  in  the  sum  of  five 
thousand    dollars    <$~>,000),    in    form   to   be    approved   by   the 

■  rati' m  Attorney,  with  good  and  sufficient  sureties,  con- 
ditioned forever  to  save  the  City  of  St.  Paul  harmless  from 
any  co^ts.  damages  or  expense  in  the  premises,  and  any  failure 
within  the  time  above  limited  to  file  said  bond  and  written  ac- 
ceptance, as  aforesaid,  shall  be  construed  as  a  termination  of 
any  and  all  privileges,  permission  and  authority  herein  and 
hereby  granted. 

1.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after   its  passage,  approval  and  publication. 


657 

WATEROUS  ENGINE  WORKS  COMPANY. 

Ordinance  No.  1773. 

(Approved  August  27,  1894.) 

1753.         An  Ordinance  granting  unto  the  Waterous  Engine 

Works  Company  permission  to  occupy  and  use  a 

portion  of  the  levee  in  the  Sixth  ward  in  the  City 

of  St.  Paul. 

The  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  there  is  hereby  given  and  granted  unto  the 
Waterous  Engine  Works  Company,  a  corporation  created  and 
organized  under  the  laws  of  the  State  of  Minnesota,  its  suc- 
cessors and  assigns  (which  for  convenience  hereafter  are 
called  herein  said  ''grantee"  or  said  "company"),  permission 
and  authority  to  use  and  occupy  for  the  full  period  of  fifty  (50) 
years  from  the  date  of  the  passage  of  this  ordinance,  for  the 
purpose  of  manufacturing  machinery,  engines,  boilers  and  ar- 
ticles composed  and  manufactured  wholly  or  in  part  of  iron 
or  metal,  that  portion  of  the  levee  in  the  Sixth  ward  in  the 
City  of  St.  Paul  included  within  a  tract  bounded  as  follows, 
to- wit : 

On  the  east  by  Eaton  avenue  extended  as  a  continuous 
straight  avenue  for  a  distance  of  three  hundred  and  ten  (310) 
feet  north  of  the  south  line  of  the  levee;  on  the  west  by  South 
Robert  street;  on  the  south  by  a  line  (called  for  convenience 
herein  Line  "A"),  which  line  is  parallel  with  and  sixty  (60) 
feci  north  <>f  a  straighl  line  drawn  from  the  northeasterly  cor- 
ner of  block  one  hundred  and  seventy-six  (176)  of  Robertson's 
Addition  to  West  St.  Paul  to  the  northwesterly  corner  <<i 
block  four  i  1 1  of  Marshall's  addition  to  Wesl  St.  Paul ;  and  on 

the  north  by  a  line  two  hundred  and  fifty  (250)  feel  north  of 
and   parallel  with  said   south  line,  or  said    I. in.-  "  \  " 

This  granl  and  permission  is  made  by  and  in  behali  ol 
the  City  of  Si.  Paul  upon  the  express  terms  and  conditions 
hereinafter  set   forth  : 

First — Said  gran  or  assigns,  shall  pay 

to  the  City  of  St.  Paul  .-i-  compensation  and  rental  for  the 
privileges  hereby  granted  the  sum  of  one  dollar  ($1  i  per  an- 


658 

num.  payable  annually,  in  advance,  for  and  during  the  time 
hereinabi  >\  e  specified. 

Second  Said  grantee  .shall  erect  upon  said  premises  and 
maintain  thereon  a  building  not  less  than  one  hundred  and 
ninety-five  i  195)  feet  long  1»\  seventy  (70)  feet  in  width,  and 
from  time  to  time  during  the  life  of  this  lease  such  other  build- 
ings ami  improvements  as  it  may  desire  to  erect  on  said 
premises  for  its  business  operations.  All  of  said  buildings 
herein  specified  shall  be  of  brick  and  stone,  or  brick  or  stone, 
and  the  same  shall  be  built  under  and  upon  plans  approved  by 
the  building  inspector  of  said  city,  upon  obtaining  the  proper 
permit  therefor.  Any  building  erected  upon  said  premises 
shall  be  used  for  the  manufacturing  purposes  above  set  forth 
and  in  connection  therewith:  provided,  however,  that  the 
chimneys  and  smokestacks,  if  any  there  be  erected,  to  be  used 
in  said  building^  shall  extend  at  least  twenty-five  (25)  feet 
above  the  grade  of  the  streets  above  specified;  Robert  street 
excepted;  and  provided,  that  the  common  council  of  the  City 
of  St.  Paul  may,  by  special  resolution,  permit  the  erection  by 
said  grantee  of  buildings  of  a  different  character  and  material 
than  those  above  set  forth. 

Third — The  grantee  herein  named,  its  successors,  or  as- 
signs,  shall  complete  said  building  herein  specified  and  have 
said  business  in  full  operation  within  twelve  (12)  months  from 
the  passage  of  this  ordinance.  Before  the  expiration  of  the 
term  of  this  lease  said  buildings  shall  be  removed  from  said 
by    said    grantee,   its  successors,  or  assigns,   and   in 

of  failure  to  remove  said  buildings  within  said  time  the 
same,  or  such  part  thereof  as  may  thereafter  remain  on  said 

tises,  shall  become  the  property  of  said  City  of  St.  Paul. 

Fourth— Said    grantee    shall    and    will   forever   indemnify 

and   save  harmless  the   City  of  St.   Paul  against  any  and  all 

mages,   judgments,    claims,      costs    and    expenses   of     same 

hich  -aid  city  may  suffer  or  which  may  be  recovered  or  ob- 

ined  from,  or  by  reason  of.  or  growing  out  of,  or  resulting 

from,   the   passage  of  this   ordinance,   or   the   performance   or 

transaction    of   any   matter   or   thing   connected   therewith,   or 

mentioned  therein,  or  with  the  exercise  by  said  grantee  of  the 

privileges  hereby  granted. 


659 

Permission  is  hereby  granted  the  said  Waterous  Engine 
Works  Company,  its  snecessors  and  assigns,  to  construct  said 
buildings  on  said  premises  on  a  plan  and  of  a  material  known 
as  heavy  mill  construction,  thoroughly  tied  together  and 
ered  with  corrugated  iron;  the  said  buildings  resting  on  heavy 
grill  work  and  bottom  or  foundations  sills  below. 

All  said  buildings  to  be  erected  under  plans  approved  by 
the  building  inspector  of  said  city. 
i  As  amended  by  Ord.   No.  1778,  approved   Oct.    I.    1894,  ^  L.) 

1754.  Sec.  2.  'Pbe  said  Waterous  Engine  Works  Compan) 
shall,  not  later  than  twelve  (12)  months  after  the  passage  of 
this  ordinance,  begin  the  prosecution  of  its  manufacturing 
business  hereinbefore  described,  on  said  premises,  and  during 
the  continuance  of  this  lease  shall  continuously  prosecute  the 
same,  and  if  during  the  term  of  this  lease  said  company,  its 
successors,  or  assigns,  shall  fail  for  any  successive  thirty  (30) 
days  to  conduct  said  manufacturing  business  as  aforesaid, 
then  said  city  has  the  right  and  option,  by  resolution,  upon 
thirty  (30)  days'  written  notice  to  said  grantee  of  it-,  intention 
So  to  do,  to  caned  and  terminate  said  lease,  provided  that    fail 

ure  to  prosecute  said  business,  as  aforesaid,  caused  1>\  a  il 1. 

or  damages  by  fire,  or  the  elements,  or  strikes,  shall  nol  be  tak- 
en as  a  part  of  said  thirty  (30)  days. 

1755.  3.  All  ih*-'  piling,  riprapping  and  filling  m 
sary  to  be  done  on  land  above  described,  shall  be  lei  to  St. 
Paul  contractors,  or  be  performed  b)  persons  and  laborer 
siding  in  the  City  of  St.  Paul,  and  all  the  brick  or  -tone  used 
in  the  construction  of  any  of  the  said  buildings  constructed  on 
said  premises  shall  be  of  St.  Paul  manufacture  oi  quarried  in 
said  city. 

1756.  Sec.  I.  This  ordinance  shall  nol  b  dered  or 
construed  as  in  any  manner  guarant*  warranting  an) 
of  the  rights  hereb)    granted,  or  the  title  of  the  land  hei 

cribed,  excepl    ■•■     againsl    the  future  acts  of  said  city,   its 

irs,  or  assigns.     Said  compan)   ma)   use  in  improving 

and  building  on  said  premises  trie  material  it   now  has  on  its 

lots  in   South   St.    Paul. 

(As  amended  b)   Ofd.  No.  1774,  approved  Sept.  8,  1894, 


[f  ^ai<i   grantee,  its  successors,  or  assigns, 
fail  to  compl}    with  any  of  the  provisions  of  this  ordi- 
nance, then  said  city  has  the  right  and  option  so  to  do,  to  ter- 
•i.l  Forfeit  this  lease:  provided,  that  in  case  this  lease 
I  !»\   said  city,  or  otherwise  for  any  reason,  then  said 
grantee  shall  have  the  right,  during  the  six  (6)  months  next 
lowing  such    forfeiture,  to  remove  its  machinery,  property 
and  improvements  from  said  premises. 
I  Vs  amended  by  Ord.  No.  1774,  approved  Sept.  8,  1894,  §2.) 

1758.  Sec.  6.     All  buildings  placed  on  said  land  as  herein 

■  led  shall  be  deemed  personalty  for  purposes  of  taxation, 
and  said  grantee  agrees  for  itself,  its  successors  and  assigns, 
to  pay  all  taxes  which  may  be  levied  or  assessed  on  said 
buildings,  and  in  case  said  grantee,  its  successors,  or  assigns, 
shall  allow  said  taxes  to  remain  unpaid  until  the  date  of  tax 
sale  therefor,  all  the  rights  and  privileges  hereby  granted  shall 
revert  to  the  city,  and  this  lease  shall  thereupon  terminate. 

17  59.  Sec.  7.  Any  building  said  grantee  may  erect  on  said 
premises  may  be  so  erected  as  to  have  a  business  entrance 
and  passageway  to  and  from  and  upon  Robert  street  bridge; 
said  business  entrance  or  passageway  when  erected  to  be  ac- 
cording  to  the  plans  approved  by  the  engineer  or  building  in- 
spector of  said  city. 

1760.         Sec.  8.     In  the  event  at  any  time  during  the  last  year 
of  this  lease,  or  during  the  last  year  of  said  fifty  (50)  years, 
said  company,  its  successors  or     assigns,  is    still    using  said 
premises   in   the   prosecution   of   a   business   of  the   character 
herein  named,  and  has  placed  on  said  premises  improvements 
then      reasonably     worth      not      less   than    twenty   thousand 
,000),  then  said  company,  its  successors,  or  assigns,  has 
the  right  and  option  to  have  an  extension  of  this  lease,  and 
the   rights   and   privileges   herein   specified,   for  an   additional 
wenty-fh  e  I  35  I  years,  by  giving  said  city,  or  its  successors,  at 
time  during  said  last  year,  written  notice  of  its  election 
ive  this  lease  so  extended,  said  lease  so  extended  or  con- 
med  to  he  governed  by  all  the  terms,  conditions  and  stipula- 
tions applicable  to  said  first  fifty  (50)  years. 


661 

1761.  Sec.  9.     Said  grantee  shall  file  with  the  city  clerk  of 

said  city,  within  sixty  (60)  days  after  the  passage  and  publi- 
cation of  this  ordinance,  its  written  acceptance  of  the  pro- 
visions thereof,  and  its  agreement  to  perform  all  the  terms 
thereof,  the  same  to  be  approved  by  the  corporation  attorney. 
Sec.  10.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  the  passage,  publication  and  acceptance  there- 
of, as  provided  herein. 


ELLA  WEINHOLZER. 

Ordinance  No.  2408. 

(  Approved  November  21,  L903.  i 

1762.  An  Ordinance  granting  to  Ella  Weinholzer  the  right 

to  construct  a  tunnel  under   Wabasha  street,  be- 
tween Third  street  and  the  northerly  approach  to 
the  Wabasha  street  bridge,  in  the  City  of  St.  Paul. 
The  Common  Council  of  the  City  of  St.    Paul  do  ordain   as 
follows  : 

Sec.  I.  Privilege  is  hereby  granted  to  Ella  Weinholzer 
the  righl  to  construct,  and  for  the  period  of  twent)  five  years 
after  the  passage  and  acceptance  of  this  ordinance,  to  maintain 
a  tunnel  of  such  size  and  shape  as  may  be  approved  b)    the 

Commissioner  of  Public  Works,  and  at  such  a  place  as  he  may 
direct,    extending    from    Cot    Six    (6),    Block    Thirt_\    fi 
St.    Paul    Proper,  underneath  the  surface    of    said    Wabasha 
t,  to  Lot  (  me  i  I  I,  Bloi  k  Thirt}  -six  I  36  I,  St.  Paul  proper, 
and  to  lay  and  maintain  in  said  tunnel  tin-  necessarj    pipe-  for 

conducting  heat. 

1763.  ■.'.  The  privilege  hereby  conferred  i-  granted 
under  tin  condition  that  the  grantee  herein  shall  assume  all 
liability  that  may  arise  out  of  or  be  caused  1»\   tli<-  exerci 

tin-  privileges  so  granted,  ami  shall  at  all  tin*  'In-  City 

of  St.  Paul  harmless  from  an)  and  all  damagi  ami  ex 

penses  growing  out  of  or  arising  from  the  construction  and 
maintenance  of  said  tunnel  and  the  pipes  authorized  to  in- 
laid therein. 


662 

1764.  Sec     ;.     No  excavations  shall  be  made  in  said   W'a- 

For  the  purpose  of  constructing  said   tunnel  and 

same  shall  be  placed  at  such  point  beneath  the  surface  of 

public  safety  and  convenience  may  require,  and 

all  be  prescribed  by  the  Commissioner  of  Public  Works 

of  the  City  of  St.  Paul. 

1765.  Sec.  I.  The  privilege  hereby  conferred  shall  not.  at 
any  time,  be  sold,  transferred  or  assigned  to  any  other  person, 
firm  or  corporation,  without  the  consent  of  the  City  of  St. 
Paul,  and  shall  be  held  and  exercised  for  the  purpose  of  sup- 
plying heat  to  the  building  upon  Lot  One  (1).  Block  Thirty* 

16  '.  Saint  Paul  Proper,  and  shall  not  be  used  or  employed 
for  any  other  purpose  whatsoever. 

1766.  Sec.  5.  The  grantee  herein  shall  not  furnish  heat  to 
the  building  on  said  Lot  one  (1),  Block  Thirty-six  (36),  Saint 
Paul  Proper,  except  under  written  contract  \vith  the  owner 
or  tenant  thereof,  and  such  contract  shall  provide  for  a  fixed 
and  established  charge,  which  shall,  at  no  time,  be  less  than 
the  actual  cost  of  supplying  said  heat  and  said  grantee  shall 
keep  an  accurate  set  of  books  of  account,  which  shall  at  all 
times  truthfully  set  forth  and  disclose  both  the  cost  of  sup- 
plying heat  and  the  amount  charged  or  received  therefor, 
and  said  books  shall  at  all  times  be  open  to  the  examination 
and  inspection  of  the  City  Comptroller  of  the  City  of  Saint 
Paul :  said  grantee  shall  annually  on  or  before  the  first  Monday 
in  February  of  each  and  every  year,  file  in  the  office  of  the 
City  Comptroller  a  statement  such  as  is  required  by  Section 
•.'*..  Chapter  1.  of  the  Charter  of  the  City  of  Saint  Paul  and 
said  grantee  shall  likewise  and  on  or  before  the  first  Monday 
in  March  of  each  and  every  year,  pay  into  the  City  Treasury. 
a  license  fee  in  a  sum  equal  to  5  per  cent  of  the  gross  earnings 
derived  or  accruing  from  the  exercise  and  enjoyment  of  the 
privilege  hereby  granted. 

Sec.  6.     The  grantee  herein  shall  execute  and  deliver 

City  of  Saint  Paul  a  good  and  sufficient  bond  in  the 

n  of  Five  Thousand  ($5,000)  Dollars,  in  such  form  and  with 

hall  be  approved  by  the  Corporation  Attorney 

id  City,  conditioned  for  the  faithful  performance  by  said 


663 

grantee  of  all  the  obligations  and  conditions  hereby  "imposed. 
This  bond  shall  be  executed  and  delivered  before  any  of  the 
privileges   hereby  conferred   arc     exercised    by    the    grantee 

herein. 

1768.  Sec.  7.  In  the  event  that  the  grantee  herein  shall  fail 
at  any  time  to  comply  with  any  of  the  terms,  provisions,  con- 
ditions or  limitations  herein  contained,  the  privilege  hereby 
granted  shall  forthwith  terminate  and  become  forfeited  to  the 
City  of  Saint  Paul,  and  said  City  shall  have  the  right  to  close 
such  tunnel  or  make  such  public  use  thereof  as  the  public  in- 
terest may  require. 

1769.  Sec.  8.  Within  thirty  days  after  the  passage,  ap- 
proval and  publication  of  this  ordinance  the  grantee  herein 
shall  file  with  the  City  Clerk  his  written  acceptance  thereof,  in 
such  form  as  shall  be  approved  by  the  Corporation  Attorney, 
and  within  the  same  period,  the  said  grantee  shall  file  in  the 
office  of  the  City  Comptroller  a  certified  copy  of  such  accept- 
ance, together  with  the  Bond  herein  provided  for,  Provided, 
that  before  this  ordinance  shall  take  effect  the  grantee  shall 
pay  into  the  City  Treasury  the  sum  of  One  Hundred  Dollars 
as  a  fee  to  defray  the  expense  of  the  City  in  the  premises,  and 
the  Commissioner  of  Public  Works  shall  not  issue  a  permit  for 
doing  the  work  herein  provided  for  except  upon  presentation 
of  the  City  Treasurer's  receipt  for  said  sum. 

Sec.  !».     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  it-  passage,  approval,  publication  and  accepl 
ami-  a-  hereinbefore  provided,  and  upon  the  paymenl   to  the 
Citv  of  said  $100.00. 


G6  I 

* 

WESTERN  UNION  TELEGRAPH  COMPANY. 

Ordinance  No.  1709. 

Approved  I  Ictober   L3,   L893. ) 

An  Ordinance  permitting  the  Western  Union  Tele- 
graph Company  to  file  its  acceptance  of  Ordinance 
No.  1675. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
Follows : 

Sec.  1.  That  the  Western  Union  Telegraph  Company 
be  and  is  hereby  granted  permission  to  accept  at  this  time  and 
file  it-  acceptance  of  ordinance  sixteen  hundred  and  seventy- 
five  (  L675),  entitled  "An  ordinance  regulating  and  controlling 
the  placing  and  operating  of  telegraph,  telephone  and  other 

trie  wires  and  conductors  underground,"  the  said  accept- 
ance to  have  the  same  force  and  effect  in  all  particulars  as  if 
filed  within  the  sixty  (GO)  days  prescribed  for  said  filing  in 
said  ordinance  sixteen  hundred  and  seventy-five  (1675)  above 
named. 

2.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

See  Ord.   1675  under  "Electric  Wires,  etc.") 

YOUGHIOGHENY  AND  LEHIGH  COAL  CO. 

Ordinance  No.  2287. 
('Approved  May  29,  1902.) 

1771.  An  Ordinance  authorizing  the  Youghiogheny  &  Le- 
high Coal  Company  to  construct  a  board  fence 
around  lots  five  (5)  and  six  (6),  block  forty-nine 
(49),  Kittson's  Addition  to  the  City  of  St.  Paul. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

I.     That  permission  and  authority  are  hereby  granted 

the  Youghiogheny  &  Lehigh  Coal  Company  to  construct  a 

1  fence  six  (6)  feet  high,  around  lots  five  (5)  and  six  (6), 

dock  forty-nine   (49),  Kittson's  Addition  to  the   City  of  St. 

aul  under  the  superintendence  of  the  Building  Inspector  of 


665 

said  City,  and  said  Building  Inspector  is  hereby  authorized 
to  issue  to  said  Youghiogheny  &  Lehigh  Coal  Company  a 
proper  permit  therefor. 

Sec.  2.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage, 

OLD  FRANCHISE  ORDINANCES  REPEALED. 
Resolution  of  the  Council. 
(Approved  May  89,  1900.) 

1772.  Whereas,  there  have  been  at  various  times  hereto- 
fore granted  by  the  Common  Council  of  the  City  of  St.  Paul, 
certain  rights  and  privileges  in  the  way  of  using  and  occup}  ing 
the  streets,  alleys  and  public  grounds  of  said  city  for  the  pur- 
pose of  erecting  poles  and  laying  conduits  and  stringing  wires 
therein  and  thereon  for  the  purpose  of  the  transmission  of 
electricity  for  sale  and  disposition  for  light,  heat  or  power  pur- 
poses, anion-  others  to  the  United  States  Electric  Lighting 
Company,  The  Rapid  Transit  Telegraph  Company.  The  Eu- 
reka Improvement  Company,  the  Mi<l\\a\  Electric  Light  Com- 
pany, T'1'  Columbia  Electric  Company,  and  certain  other  per- 
sons, firms  and  corporations;  and, 

1773.  Whereas,  Many,  if  nol  all,  of  said  grants  or  privileges 
are  not  now  being  exercised  for  any  purpose  whatever,  and 
certain  other  of  said  -rants  or  privileges  are  not  being  exer- 
cised by  the  grantees  therein,  but  are,  whether  wrongfully  or 
otherwise,  in  use  and  operation  by  other  persons,  linns  and 
corporations  than  the  grantees  themselves;  and. 

1774.  Whereas,  On  June  2,  1900,  :i  new  municipal  cha 
adopted   at   the  election  of   Ma)    l.    \'u>{].  containing   various 
and  many  restrictions  upon  the  grants  of  franchise  rights  and 
privileges,  w  ill  gi  i  into  >  effect  ;  and. 

1775.  Whereas.  It  i-  the  opinion  of  the  Common  Council 
thai  at  the  time  such  charter  shall  take  effect,  the  franchise 
rights  and  privileges  nol  now  in  actual  n^<-  or  operation,  such 
as  the}  ma)  be,  and  such  franchise  rights  oi  privileges  b) 

of  grant,  a-*  aforesaid,  as  are,  wrongfully  or  otherwise,  ii 

01    operation  by  others   than   the  grantees   themselv<        hall 


(ISli 

and  revert  to  the  City  of  St.  Paul  and  be  thereafter 
to  the  provisions  of  said  new  charter. 

1776.  Now,  therefore,  Be  it  resolved,  By  the  Common 
ncil  of  the  City  of  St.  Paul,  that  all,  each  and  every  of  the 
grants  of  franchise  rights,  privilege  and  authority  hereinbefore 
referred  to,  shall,  upon  the  passage,  approval  and  publication 
hereof,  determine  and  become  void  and  of  no  effect,  reverting 
unconditionally  to  the  City  of  St.  Paul. 


PART  III. 
THE  BUILDING  CODE. 


669 

LAWS   RELATING   TO    BUILDING,    PLUMBING,    GAS 

FITTING  AND  ELECTRICAL  WORK. 

Ordinance  No.  2209. 

City  of  St.  Paul. 

An  Ordinance  providing  for  all  matters  concerning,  relating 
to  or  affecting  the  construction,  alteration,  repair,  removal 
or  maintenance  of  all  buildings  or  structures,  or  parts  of 
buildings  or  structures,  erected  or  to  be  erected  within  the 
City  of  St.  Paul. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows  : 

PART  I. 
Title  of  Ordinance. 

1777.  Sec.  1.  The  following  provisions  shall  constitute 
and  be  known  as  the  "Building  Code,"  and  may  be  cited  as 
such.  They  presumptively  provide  for  all  matters  concerning, 
affecting  or  relating  to  the  construction,  alteration,  repair  or 
removal  or  maintenance  of  all  buildings  or  structures  or  parts 
of  buildings  or  structures  erected  or  to  be  erected  within  the 
City  of  St.  Paul. 

PART  II. 

Preliminary  Requirements. 

1778.  Sec.  2.  New  Buildings  and  Buildings  to  be  al- 
tered.— Nfo  wall,  structure,  building  OT  any  part  thereof,  or 
wall  * >r  any  platform,  staging  or  flooring  to  he  used  for  stand- 
ing  or  seating  purposes,  shall  hereafter  In-  buill  or  constructed 
in  tin-  City  of  St.  Paul,  except  in  conformity  with  the  pro- 
visions of  this  code.  \'<>  building  already  erected,  or  hereafter 
to  be  built  in  said  city,  shrill  be  raised,  altered,  moved  or  built 
upon  in  any  manner,  that  would  be  iii  violation  of  any  of  the 
provisions  of  this  code,  or  the  permit  is-ne.1  thereunder. 

1779.  Sec.  3.  Permits. —  Mo  WOrfc  "i  repair-  -hall  he  done 
upon  any  structure,  building  or  3hed  in  the  City  of  St.  Paul 
(except  as  hereinafter  mentioned)  without  a  permit  from  the 

Commissioner  of   Public   Works. 


670 

re  proceeding  with  the  erection,  enlargement,  alter- 
.  repair  or  removal  of  an)  building  in  the  City  of  St.  Paul, 
a  permit  for  such  erection,  enlargement,  alteration,  repair  or 
removal  shall  first  be  obtained  by  the  owner  or  owners,  or  his 
<»r  their  agent  from  the  Commissioner  of  Public  Works,  and 
it  shall  be  unlawful  to  commence  or  proceed  with  the  erection, 
enlargement,  alteration,  repair  or  removal  of  any  building  or 
structural  part  thereof  or  ^i  any  structure  which  is  to  be  used 
for  the  shelter  or  enclosure  of  persons,  animals  or  chattels 
within  the  City  ^>\  St.  Paul,  unless  such  permit  shall  first  have 
been  obtained  from  the  Commissioner  of  Public  Works,  or  as 
hereinafter  provided. 

1780.         Sec.  4.     Application  for  Permit. — When  any  person 
(  r  persons  shall  be  desirous  of  erecting,  repairing,  changing  or 
altering  any  building  or  structure  within  the  limits  of  said  city, 
he  or  the}-  shall  make  application  at  the  office  of  the  Commis- 
sioner of    Public    Works  for  a  permit   for  that  purpose,   and 
shall  furnish  said  Commissioner  with  a  written  statement,  up- 
on a  blank  form  furnished  by  said  Commissioner  for  that  pur- 
gether  with  the  plans  and  specifications  of  the  same, 
which  shall  be  delivered  to  the  said  Commissioner  of  Public 
Works  and  remain  in  his  custody  a  sufficient  length  of  time 
to  allow  the  necessary  examination  to  be  made  of  the  same, 
after  which,  if  it  shall  appear  to  said  Commissioner  that  the 
and  ordinances  of  such  city  are,  and  are  contemplated  to 
implied   with,   he   shall   grant   such   permit.     If   the   said 
-       tier  shall  so  require,  copies  of  said  plans  and  speci- 
fications -hall  be  filed  in  his  office  until  the  completion  of  the 
building    or    structure    in    question.     The    said    commissioner 
may,  however,  issue  permits  for  minor  repairs,  alterations  or 
additions   without   plans   or  specifications.     Repairs  of  build- 
•  r  structures,  the  cost  of  which  will  not  exceed  fifty  dol- 
r-.  may  be  made  without  notice  to  the  Commissioner  of  Pub- 
lic \\  orks.  but  such  repairs  shall  not  be  construed  to  include 
the  cutting  away  of  any  stone  or  brick  wall,  or  any  portion 
of,  the  removal  or  cutting  any  beam  or  support,  or  the 
>val,  change  or  closing  of  any  staircase.     Nothing  in  this 
section    shall   be   construed   to   prevent   the    Commissioner   of 
Public  Works  from  granting  his  permit  for  the  erection  of  any 


671 

part  of  a  building",  or  any  part  of  a  structure,  where  the  plans 
and  detailed  statements  of  said  building  or  structure  have 
been  presented  for  the  same  before  the  entire  plans  and  de- 
tailed statements  of  said  building  or  structure  have  been  sub- 
mitted. Any  permit  which  may  be  issued  by  the  Commis- 
sioner of  Public  Works  pursuant  to  the  provisions  of  this  sec- 
tion, but  under  which  no  work  is  commenced  within  one  year 
from  the  time  of  issuance,  shall  expire  by  limitation. 

Provided,  that  before  a  permit  for  the  removal  of  any 
building  shall  be  issued  there  shall  be  tiled  in  the  office  of  the 
Commissioner  of  Public  Works  the  written  assent  to  such 
removal  from  the  person  owning  a  majority  of  front  feet  of  lots 
in  the  same  block  on  the  same  street  in  which  it  is  proposed 
to  locate  such  removed  building,  and  also  from  a  majorit)  of 
persons  owning  front  feet  opposite  the  proposed  location, 
and  within  one  hundred  and  fifty  I  150)  feet  of  the  same. 
i  \s  amended  by  Ord.  2530,  approved  Aug.  L9,  L905.) 

1781.  Sec.  5.  Revocation  of  Permits. — Should  the  Com- 
missioner of  Public  Works  become  convinced  that  the  work- 
under  such  permit  is  not  proceeding  according  to  detailed 
statement,  plans  and  specifications  upon  which  such  permit 
was  issued,  but  is  proceeding  in  violation  of  the  law  or  ordi- 
nance, it  shall  be  his  duty  to  notify  the  owner  or  owner-,  or 
or  their  agent,  in  writing,  that  the  work  is  being  construct- 
ed in  violation  ,,f  the  permit  and  ordinance,  and  that  the  same 
immediately  rectified  to  conform  with  the  building 
law-,  if  the  owner  or  owners,  or  hi-  or  their  agent,  neglects 
to  comply  with  the  said  laws  or  fails  to  make  corrections,  j| 
shall  be  the  further  dut)  of  the  Commissioner  of  Public  Works 
to.  notify  them  in  writing  to  appear  before  the  Board  of  Public 

Works  at  some  stated  time  and  -how  cause  wh)  said  permit 
shall  not  he  revoked.  Should  the  parties  notified  fail  to  ap- 
pear at  tic  tirrn  o  stated,  or  should  the  Board  of  Public 
Works,   after   hearing,   determine   such    action    n<  .   or 

proper,  the)  ma\  revoke  said  permit,  and  notice  thereof  -hall 
be  immediatel)  served  upon  the  owner,  agent,  superintend- 
ent   or    contractor    in    charge    of    tin-    work    and    posted    on    the 

property.     Said  notice  shall  be  in  wril  jned  by  the  p 

dent  or  presidenl  pro  tern,  of  tin-  Board  of  Public  Works,  and 


revocation   of  permit,  any  contractor  or  workman 

inning  any   work  in  or  about  said  structure,  building  or 

S,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 

shall  be  lined  not  less  than  ten  dollars  ($10)  nor  more 

than  one  hundred  dollars  ($100),  or  may  be  imprisoned  not  to 

i  d  ninety   |  90  I  da\  s. 

1782.  Sec.  6.  Appeals. — Provided  that  should  any  party 
ieved  object  to  the  decision  of  the  Board  of  Public  Works, 
he.  she  or  they  may  further  appeal  in  writing  to  the  Common 
Council  within  three  days  after  the  decision  of  the  Board  of 
Public  Works,  specifying  in  such  appeal  the  reason  and 
ground  therefor  and  accompanying  the  same  by  the  payment 
of  Thirty  Dollars  ($30),  but  if  the  appeal  be  sustained,  the 
said  Thirty  Dollars  ($30)  shall  be  refunded.  The  Common 
Council  shall  thereupon  appoint  a  commission  to  consist  of 
three  disinterested  persons,  who  shall  in  such  time  as  the  said 
Commissioner  of  Public  Works  shall  specify,  not  exceeding 
five  days,  carefully  consider  the  said  appeal  and  decide  there- 
on, and  the  decision  of  a  majority  of  said  commission  shall  be 
final.  They  shall  be  paid  for  their  services  ten  dollars  ($10) 
each.  Xo  commission  named  in  accordance  with  this  act  shall 
have  any  power  or  authority  to  set  aside,  or  nullify,  or  alter 
any  of  the  provisions  herein,  or  order  or  require  any  permit 
to  be  issued  for  a  building  to  be  constructed  otherwise  than 
as  herein  required. 

Any  applicant  for  a  permit  from  the  Commissioner  of 
Public  Works  required  by  this  act,  whose  application  has  been 
refused,  or  any  person  who  has  been  ordered 'by  the  Commis- 
sioner of  Public  Works  to  incur  any  expense,  may  appeal  by 
giving  notice  in  writing  of  such  appeal.  If  the  appeal  shall 
be  from  an  order  refusing  permit,  it  shall  be  taken  within  fif- 
teen days  from  the  refusal  of  such  permit  and  not  thereafter. 
If  the  appeal  is  from  an  order  to  take  down  and  remove  a 
dangerous  building  or  structure,  or  a  dangerous  wall  or  walls 
or  any  part  or  parts  of  any  building,  it  shall  be  taken  within 
three  days  from  the  issuance  of  such  order  and  not  thereafter, 
computing  the  time  within  which  an  appeal  may  be  taken, 
the  la=t  day  shall  fall  on  Sunday  or  on  a  legal  holiday,  the 
appeal  shall  be  taken  on  the  following  day.     Notice  of  appeal 


673 

may  be  given  by  leaving  the  same  at  the  office  of  the  Com- 
missioner of  Public  Works,  either  with  the  said  Commissioner 
or  with  a  clerk. 

PART  III. 

Definitions. 

1783.  Sec.  7.  Measurements  of  height  for  Buildings  and 
Walls. — The  height  of  buildings  shall  be  measured  from  the 
curh  level  at  the  center  of  the  front  of  the  building  to  the  top 
of  the  highest  point  of  the  roof  in  the  case  of  flat  roofs ;  and  f>  >r 
pitched  roofs,  one-half  the  height  of  the  highest  gable  shall  be 
taken  as  the  highest  point  of  the  building. 

When  walls  of  a  structure  do  not  adjoin  the  street,  then 
the  average  level  of  the  ground  adjoining  the  walls  of  the 
building  may  be  taken  instead  of  the  street  curh  level  for  the 
height  of  such  building. 

1784.  Sec.  8.  Measurements  for  Widths  of  Buildings. — 
For  the  purpose  of  this  Code,  the  greatest  linear  dimension  ol 
any  building  in  its  depth  shall  he  considered  its  length  and  the 
next  greatest  linear  dimension  its  width. 

1785.  Sec.  9.  Classes  of  Buildings. —  Buildings  of  the  first 
class  shall  he  taken  to  mean  and  include  buildings  of  fireproof 
construction  throughout. 

Buildings   of   the    second   class   shall   he   taken    to   mean    all 

buildings  not  of  the  first  class,  the  external  of  parts  walls  of 
which  an-  of  brick,  stone,  iron  or  other  equally  substantial 
and  incombustible  material. 

Buildings    of    the    third    da---    shall    l.e    taken    to    mean    all 

buildings  or  structure-  not  of  the  firs!  "i"  second  classes,  the 

external   walls  of  which  are  constructed  of  wood. 

1786.  Sec.  10.  Private  Dwellings,  Definitions  of. —  Private 
dwellings    -hall    he    taken    to    mean    and    include    all    buildings 

which  shall  he  intended  of  designed  for.  of  u 

residence,  hut  no  pan  of  which  structure  is  u  ed  a    a  8toi 

for  any  business  purpi 

1787.  Sec.   11.     Apartment   Houses. —  An   apartment    In 

-hall  he  taken  to  mean  and  include  every  building  win.  h  shall 


61  I 

be  intended-or  designed  for,  or  used  as  the  home  or  residence 
of  three  or  more  families  or  households,  living  independently 
i  f  each  other,  and  in  which  every  family  or  household  shall 
ha\  e  provided  a  kitchen. 

Provided,  that  buildings,  the  first  floors  of  which  are  used 
tores  and  the   upper  floors   for  sleeping  rooms,  shall  be 
-dered  as  apartment  houses. 

1788.  Sec.  12.     Flat  Buildings. — The  above  definition  may 
refer  to  Flat  Buildings. 

1789.  Sec.  13.  Hotel,  Definition  of. — A  hotel  shall  be  taken 
to  mean  and  include  every  building  or  part  thereof,  intended, 

gned  for  or  used  for  supplying  food  and  shelter  to  resi- 
dents or  guests,  and  having  a  general  public  dining  room  or  a 
cafe,  or  b(  »th. 

1790.  Sec.  14.  Office  Buildings,  Definition  of. — An  office 
building  shall  be  taken  to  mean  and  include  every  building 
which  shall  be  divided  into  rooms  above  the  first  floor,  and  be 
intended  and  used  for  business  purposes. 

1791.  Sec.  15.  Warehouse,  Definition  of. — A  warehouse 
shall  be  taken  to  mean  every  building  used  for  the  storage  of 
merchandise. 

1792.  Sec.  16.  Factory  Buildings,  Definition  of.— A  fac- 
tory building  shall  be  taken  to  mean  every  building  in  which 

Is,  wares,  merchandise  and  articles  of  general  and  special 
utility  are  manufactured  by  machinery. 

1793.  Sec.  17.  Public  Buildings,  Definition  of.— A  public 
building  shall  be  taken  to  mean  every  building  used  as  a  place 

ssemblage  or  a  place  of  public  resort. 

1794.  Sec.  18.  Frame  Buildings,  Definition  of. — A  frame 
building  shall  be  taken  to  mean  a  building  or  structure,  the  ex- 
terior walls  of  which  are  constructed  of  wood. 

1795.  Sec.  19.  Veneered  Buildings. — A  veneered  building- 
shall  be  taken  to  mean  a  building  or  structure  constructed  of 
wood  and  the  exterior  walls  of  which  are  sheathed  with  boards 
and  covered  with  at  least  four  inches  of  brick  or  stonework. 


675 

1796.  Sec.  20.  Metal-Covered  Buildings,  Definition  of. — 
A  metal  covered  building  shall  be  taken  to  mean  every  build- 
ing sheathed  with  boards  on  the  outside  wall  and  covered  with 
metal. 

1797.  Sec.  20a.  Mill  Construction,  Definition  of.— Mill 
construction  shall  be  taken  to  mean  a  method  of  construction 
complying  with  the  following  provisions : 

All  wood  floor  and  roof  joists,  beams  and  girders  shall  be 
exposed  and  have  a  sectional  area  of  not  less  than  sixty-three 
square  inches.  All  wood  posts  shall  have  a  sectional  area  of 
not  less  than  ninety  square  inches.  All  floors  shall  be  com- 
posed of  matched  plank  not  less  than  three  and  three-quarters 
inches  thick  or  of  a  rough  floor  of  matched  plank  not  less  than 
two  and  three-quarters  inches  thick  and  a  finished  floor  not 
less  than  seven-eighths  of  an  inch  thick,  between  which  shall 
be  laid  three  thicknesses  of  water  proof  or  asbestos  paper  or 
three-quarters  of  an  inch  of  mortar.  All  partitions  except  for 
elevator  shafts  and  stairways  shall  be  composed  of  incom- 
bustible material  or  of  matched  plank  not  less  than  two  and 
three-quarters  inches  thick.  All  elevator  shafts  and  stair- 
ways shall  be  enclosed  with  brick  walls,  and  all  openings  into 
such  shafts  and  stairways  and  all  hatches  and  openings  in 
floors  shall  be  provided  with  automatic  or  self-closing  doors 
or  traps  composed  of  incombustible  or  fire-resisting  material. 
No   WOOd   studs,    furring  or  lath   shall    be    used.      The   exp< 

surfaces  of  all  wood  shall  be  dressed,  but   shall  not  be  var- 
nished, shellacked  or  painted  with  lead  and  oil.     All  structural 
iron  or  steel  shall  be  protected  a-  required  for  fire-proof  build- 
All    windows   opening   upon    courts   or   alleys   less   than 
thirty  fret  in  width  shall  be  provided  with  standard  fire  proof 
shutters  or  with   metal   frame  and   sash  glazed   with   win-  or 
ro  prism  gla 
(As  amended  b)  Ord.  No.  2375,  approved   Maj    13,  L903  I 


67C 

PART  IV. 

Quality  of  Materials. 

1798.  Sec.  21.     Brick. —  Brick  used  in  all  buildings  shall  be 
hard,  well-burned,  solid  or  hollow  brick. 

When  bid  brick  or  stone  are  used  in  any  wall  they  shall  be 
thoroughl)    cleaned   before   being  used,   and  shall   he   whole, 
good,   hard,   well-burned   brick,   or  clean   and  sound   quarried 
.  and  equal  in  quality  to  new  brick  and  stone. 

1799.  Sec.  22.  Sand. — The  -and  used  for  mortar  in  all 
buildings  shall  be  clean,  sharp,  grit  sand,  free  from  loam 
oi  dirt,  and  shall  not  be  finer  than  the  standard  samples  kept 
in  the  office  of  the  Commissioner  of  Public  Works. 

1800.  Sec.  23.  Lime  Mortar. — Lime  mortar  shall  be  made 
ne  part  slacked  lime  and  not  more  than  four  parts  of  sand. 
All  lime  used  for  mortar  shall  be  thoroughly  burned,  of 

good  quality,  and  properly  slacked  before  it  is  mixed  with  the 
sand. 

1801.  Sec.  24.  Cement  Mortar. — Cement  mortar  shall  be 
made  of  cement  and  sand  in  the  proportions  of  one  part  of 
cement  and  not  more  than  three  parts  of  sand,  and  shall  be 
used  immediately  after  being  mixed.  The  cement  and  sand 
are  to  be  measured  and  thoroughly  mixed  before  adding 
water. 

Cement  must  be  finely  ground  and  free  from  lumps. 

Portland  cement  shall  when  tested  neat,  after  one  day  set 
in  air,  be  capable  of  sustaining  without  rupture  a  tensile 
strain  of  at  least  120  pounds  per  square  inch,  and  after  one 
day  in  air  and  six  days  in  water,  be  capable  of  sustaining 
without  rupture,  a  tensile  strain  of  400  pounds  per  square 
inch. 

Cements  other  than  Portland  shall,  when  tested  neat 
after  one  day  set  in  air.  be  capable  of  sustaining  without  rup- 
ture a  tensile  strain  of  80  pounds  per  square  inch,  and  after 
one  day  in  air  and  six  days  in  water,  be  capable  of  sustaining 
without  rupture  a  tensile  strain  of  at  least  120  pounds  per 
square  inch  ;  said  tests  to  be  made  under  the  supervision  of 
the  Commissioner  of  Public  Works,  at  such  times  as  he  may 


•  ;;; 

determine,  and  a  record  of  all  cements  answering  the  above 
requirements  shall  be  kept  for  public  information. 

1802.  Sec.  24a.  Cement  and  Lime  Mortar. — Cement  and 
lime  mortar  shall  be  made  of  one  part  of  slacked  lime,  one 
part  of  cement  and  not  more  than  three  parts  of  sand. 

1803.  Sec.  25.  Concrete. — Concrete  for  foundation  shall  be 
made  of  at  least  one  part  of  cement,  three  part--  of  sand  and 
five  of  broken  stone,  of  such  size  as  to  pass  through  a  two  and 
one-half  inch  ring;  or  good  clean  gravel  may  be  used  in  the 
same  proportion  and  size  as  the  broken  stone.  The  cement 
sand  and  stone  or  gravel  shall  be  measured.  All  concrete 
when  in  place  shall  be  properly  rammed  and  allowed  to  set 
without  being  disturbed. 

1804.  Sec.  26.  Quality  of  Lumber. — All  timbers  and  wood 
beams  tised  in  any  building  shall  be  of  good  sound  material. 
free  from  rot,  large  or  loose  knots,  shakes  or  imperfections 
whereby  the  strength  may  be  impaired,  and  of  such  size  and 
dimensions  as  the  purposes  tor  which  the  building  is  intended 
require. 

1805.  Sec.  27.  Wrought  Iron. — All  wrought  iron  shall  be 
uniform  in  character,  fibrous,  tough  and  ductile.  It  shall  have 
aii  ultimate  tensile  resistance  of  not  less  than  Is. nun  pounds 
per  square  inch,  an  elastic  limit  of  not  less  than  one-half  the 
ultimate  strength  per  square  inch,  and  an  elongation  of  20 
per  cent   in  eight  inches   when   tested   in  small  specimen-. 

1806.  Sec.  28.  Steel.— All  rolled  structural  steel  shall  have 
.-n   ultimate   tensile   strength  of  not    less  than   54,000  pounds 

square  inch.  Its  elastic  limit  shall  not  be  less  than  one 
half  the  ultimate  strength  per  square  inch  and  a  minimum 
elongation  of  not   less  than  20  per  cenl   in  eight   inches. 

Rivets  shall  have  an  ultimate  tensile  strength  of  not  less 
than  50,000  pounds  per  square  inch, 

1807.  Sec.  29.  Cast  Steel.— This  shall  com,,,,,  ,,,,,  more 
than  from  one  quarter  to  one  half  of  I  per  cenl  of  carbon  and 
not  over  eighl  our  hundredths  of  i  per  cenl  of  phosphorous; 
n  shall  be  practically  free  from  holes,  and  have  an  ultimate 
tensile  strength  of  not  less  than  60,000  pound-  per  square  inch 

Of  section. 


678 

1808.  Sec.  30.  Cast  Iron. — Shall  be  made  of  good  foundry 
mixture,  producing  a  clean,  tough,  grey  iron.  Sample  bars, 
five  feet  long,  one  inch  square,  cast  in  sand  molds  and  placed 

ipports  four  feel  six  inches  apart,  shall  bear  a  central 
load  of  500  pounds  before  breaking.  Castings  shall  be  free 
from  serious  blow  holes,  cinder  spots  and  cold  shuts.  Ulti- 
mate tensile  strength  shall  not  be  less  than  16,000  pounds  per 
square  inch  when  tested  in  small  specimens. 

PART  V. 

Calculation,  Strength  of  Materials. 

1809.  Sec.  31.  Safe  Loads  for  Masonry  Work.— The  safe 
bearing  load  to  apply  to  brick  work  shall  be  taken  at  eight 
tons  per  square  foot  when  lime  mortar  is  used;  eleven  and 
one-half  tons  per  square  foot  when  lime  and  cement  mortar 
mixed  is  used;  fifteen  tons  per  square  foot  when  cement  mor- 
tar is  used.  The  safe  bearing  load  to  apply  to  rubble  stone 
work  shall  be  taken  at  twelve  tons  per  square  foot  when  Port- 
land cement  is  used.  When  cement  other  than  Portland  is 
used,  nine  tons  per  square  foot;  when  lime  and  cement  mortar 
mixed  is  used,  eight  tons  per  square  foot ;  and  when  lime  mor- 
tar is  used,  six  tons  per  square  foot.  The  word  "ton," 
v/herever  used  in  this  ordinance,  shall  be  construed  to  mean 
a  ton  of  2,000  pounds. 

The  safe  bearing  load  to  apply  to  concrete  when  Portland 
cement  is  used  shall  be  taken  at  fifteen  tons  per  square  foot; 
when  cement  other  than  Portland  is  used,  eight  tons  per  foot. 

1810.  Sec.   32.     Computation  for   Strength  of  Materials. — 

The  dimensions  of  each  piece  or  combination  of  materials  re- 
quired shall  be  ascertained  by  computation,  according  to  the 
rules  prescribed  by  this  Code. 

1811.  Sec.  33.  Factors  of  Safety. — Where'the  unit  stress 
for  any  material  is  not  prescribed  in  this  Code,  the  relation  of 
allowable  unit  stress  to  ultimate  strength  shall  be  as  one  to 
four  for  metals  subjected  to  tension  or  transverse  stress; 
as  one  to  six  for  timber,  and  as  one  to  ten  for  natural  or  arti- 
ficial stones  and  brick  or  stone  masonry.  But  wherever 
working  stresses  are  prescribed  in  this  Code,  varying  the  fac- 


679 

tors  of  safety- hereinabove  given,  the  said  working"  stresses 
shall  be  used. 

1812.  Sec.  34.  Tests  for  Materials. — New  structural  ma- 
terials of  whatever  nature  shall  be  subjected  to  such  tests  to 
determine  its  character  and  quality  as  the  Commissioner  of 
Public  AYorks  shall  direct ;  the  test  shall  be  made  under  the 
supervision  of  said  Commissioner,  or  the  architect  or  owner 
may  rile  with  him  a  certified  copy  of  the  results  of  tests,  such 
as  he  may  have  prescribed,  which  have  been  made. 

1813.  Sec.  35.  Strength  of  Columns. — The  working  stress- 
es used  for  the  calculation  of  cast  iron,  steel,  wrought  iron  or 
wood  columns,  shall  be  determined  by  the  use  of  Rankin's 
formula. 

Any  column  eccentrically  loaded  shall  have  the  stresses 
caused  by  such  eccentricity  computed,  and  the  combined 
stresses  resulting  from  such  eccentricity  at  any  part  of  the 
column,  added  to  all  the  other  stresses  at  that  part,  shall  in  no 
case  exceed  the  working  stresses  as  computed  by  Rankin's 
formula. 

The  eccentric  load  of  a  column  shall  be  considered  to  be 
distributed  equally  over  the  entire  area  of  that  column  at  the 
next  point  below  at  which  the  column  is  securely  braced  later- 
ally in  the  direction  of  the  eccentricity. 

1814.  Sec.  36.  Working  stresses. — The  safe  carrying  ca- 
pacity of  the  various  materials  of  construction  (except  in  case 
of  columns)  shall  be  determined  by  substantially  the  following 

working  stresses  in  pounds  per  smiare  inch  of  sectional  area  : 

1815.  COMPRESSION   (Direct). 

Rolled  steel   in, urn! 

steel 16,000 

Wroughl   iron    12,000 

•    iron   (in  short   blocks) 16,000 

Steel  pins  and  rivet s  i bearing) is, (too 

Wrought  iron  pins  and  rivets  I  bearing  I 1.5,000 


680 

\\  ith  Across 

('.rain  Grain 

1,000  roo 

Yellow  pine,  Washington  and  Oregon  fir 1,100  600 

White    pine 900  300 

Spruce    800  LOO 

Locust    1,200  1,000 

1  femlock    S00  300 

Chestnut    500  1,000 

Ci  mcrete  (  Portland  I  cement,  1 ;  sand  2  ;  stone  4 230 

Concrete  I  Portland)  cement,  1;  sand,  2;  stone.  5 208 

rete    (Rosendale   or   equal)    cement.    1;   sand,   2; 

stone.    4 125 

Concrete    (Rosendale   or  equal)    cement.   1;   sand.   2: 

-i'  me,   5 Ill 

Rubble  stone  work  in  Portland  cement  mortar 1-40 

Rubble  stone  work  in  Rosendale  cement  mortar Ill 

Rubble  stone  work  in  lime  and  cement  mortar 97 

Rubble  stone  work  in  lime  mortar ]0 

Prick    work   in    Portland   cement   mortar,   cement,    1; 

-and.  3 250 

Brick  work  in  Rosendale  or  equal  cement  mortar,  ce- 

•     ment,  1 ;  sand,  3 208 

Prick   work   in   lime   and   cement   mortar,   cement,   1 ; 

lime.  1  :  sand,  3 160 

Prick  work  in  lime  mortar,  lime,  1,  sand,  4 Ill 

Granites  (according  to  test) 1.000  to  2,000 

Limestones   (according  to  test) 700  to  2,300 

Marbles  (according  to  test) 600  to  1,200 

Sandstones  (according  to  test) 400  to  1,600 

Prick  (flatwise)    150  to  300 

1816.  TENSION  (Direct). 

Rolled  steel   16^000 

Ca>t  steel   16,000 

Wrought    iron 12,000 

'    iron    3,OQ0 

Yellow  pine,  Washington  and  Oregon  fir '.  12,000 

White    pine 800 


CM 


Spruce     300 

Oak 1,000 

Hemlock    600 


1817.  SHEAR. 

Steel  pistes   

Steel  shop  rivets  and  pins 

Steel  field  rivets 

Steel  field  bolts.- 

Wr<  iught  in  in  web  plates 

Wrought  iron  shop  rivets  and  pins. 

Wrought  iron  field  rivets 

Wrought  iron  field  bolts 

Cast    iron 


With 

Fiber 

Yellow   pine 70 

White    pine 50 

Spruce    •),) 

.  ..- LOO 


Oak     .  .  . 
Locust    . 

1  Icmlock 
Chestnut 


L00 

to 


9,000 
L0,000 
8,000 
7,000 
6,000 
7,500 
6,000 
5,500 
3,000 

Across 
Fiber 
500 
350 
320 
600 
720 
275 
L50 


1818.         SAFE  EXTREME  FIBER  STRESS  (Bending.) 

Rolled   steel  beams L6 

Rolled  steel  pins,  rivets  and  bolts 20 

Rolled  steel  beams  (nel   flange  section) 

Rolled  wroughl   iron  beams 

Rolled  wroughl   iron  pins,  rivets  and  bolts 

Rolled  wroughl  ifon  beams  (net  flange  section) 

Cast  iron,  compression  side 

Casl   iron,  tension  side 

"^  ellow  pine.  Washington  and  <  Iregon  fir 

White    pine 

Spruce     

Oak    

L,ocus1    

I  1  em  lock     


,000 
,000 

.1)111) 
.( 

,000 
,000 
,000 
,000 

..-,1)1) 
.111)11 

,000 

,111) 

800 

600 


L,l 


682 

Chestnut    800 

Granite    180 

Limesfc  >n<     150 

Slate 400 

Marble    120 

Sandstone    100 

rete  (Portland)  cement   1  :  sand  2  ;  stone  4 30 

Concrete  I  1'ortland)  cement,  1 ;  sand  2  ;  stone  5 20 

Concrete    (Rosendale  or  equal)    cement,    1;  sand,  2; 

stone,    4 10 

Concrete    (Rosendale   or   equal)    cement,    1;   sand,   2; 

stone.    5 10 

Brick  (common) 50 

Brick  ( in  cement) .   30 

1819.  Sec.  37.  Wind  Pressure. — All  structures  exposed  to 
wind  shall  be  designed  to  resist  a  horizontal  wind  pressure  of 
thirty  pounds  for  every  square  foot  of  surface  thus  exposed, 
from  the  ground  to  the  top  of  the  same,  including  roof,  in  any 
direction.  In  no  case  shall  the  overturning  moment  due  to 
wind  pressure  exceed  seventy-five  per  cent  of  the  moment  of 
stability  of  the  structure. 

In  all  structures  exposed  to  wind,  if  the  resisting  mo- 
ments of  the  ordinary  materials  of  construction,  such  as  ma- 
sonry partitions,  floors  and  connections  are  not  sufficient  to 
resist  the  moment  of  distortion  due  to  wind  pressure  taken 
in  any  direction  on  any  part  of  the  structure,  additional  brac- 
ing shall  be  introduced  sufficient  to  make  up  the  difference  in 
the  moments. 

In  calculation  for  wind  bracing,  the  working  stresses  may 
be  increased  by  fifty  per  cent. 

In  buildings  under  one  hundred  feet  in  height,  provided 
the  height  does  not  exceed  four  times  the  average  width  of 
base,  the  wind  pressure  may  be  disregarded. 

PART  VI. 

Floor  Loads  and  Temporary  Supports. 

1820.  Sec.  38.  Floor  Loads.— The  dead  loads  in  all  build- 
ings shall  consist  of  the  actual  weight  of  walls,  floors,  roofs, 
partitions  and  all  permanent  construction. 


683 

The  live  or  variable  loads  shall  consist  of  all  loads  other 
than  dead  loads. 

Every  door  shall  he  of  sufficient  strength  to  hear  safely 
the  weights  to  be  imposed  thereon  in  addition  to  the  weight 
of  the  materials  of  which  the  floor  is  composed;  if  to  be  used 
as  a  dwelling'  house,  tenement  house,  apartment  house,  hotel 
or  lodging  house,  each  door  shall  be  of  sufficient  strength  in 
all  its  parts  to  hear  safely  upon  every  square  foot  of  its  surface 
not  less  than  sixty  pounds  ;  if  to  be  used  for  office  purposes 
not  less  than  seventy-five  pounds  upon  every  square  foot  above 
the  first  floor,  and  for  the  latter  floor  one  hundred  and  fifty 
pounds ;  if  it  is  to  be  used  as  a  school,  or  a  place  of  instruction, 
not  less  than  one  hundred  pounds  upon  every  square  foot; 
if  to  be  used  for  stable  and  carriage  house  purposes  not  less 
than  eighty-five  pounds  upon  every  square  foot;  if  to  be  used 
as  a  place  of  public  assemblage,  not  less  than  one  hundred 
and  twenty-five  pounds  upon  every  square  foot;  if  to  be  used 
for  ordinary  stores,  light  manufacturing  and  light  storage,  not 

than  one  hundred  and  twenty  pounds  upon  every  square 
foot ;  if  to  be  used  as  a  store  where  heavy  materials  are  to  be 
kepi  or  stored,  warehouse,  factory  or  any  other  manufactur- 
ing or  commercial  purposes,  not  less  than  two  hundred  pounds 
upon  every  square  foot. 

The  strength  of  factory  floors,  intended  to  cany  running 
machinery,  shall  be  increased  above  the  minimum  given  in 
this  section  in  proportion  to  the  degree  of  vibratory  motion 
liable  to  he  transmitted  to  the  floor,  as  may  be  required  by 
the  Commissioner  of  Public  Works.  The  roofs  of  all  build- 
ings shall  be  proportioned  to  bear  safely  thirty  pounds  upon 
every  square  Foot,  measured  horizontally,  in  addition  to  the 
weighl  of  the  materials  composing  the  same. 

For  sidewalks  over  areas  the  live  loads  shad  be  taken  to 
be  three  hundred  pounds  upon  every  square  fool  measured  on 
a  horizontal  plane. 

Vertical  supports  shall  be  of  sufficient   strength  to  bear 
safely  the  weighl  of  the  portion  of  each  and  every  floor  dc 
pending  upon  it  for  support  in  addition  to  the  weighl  required 
as  before  stated  to  be  supported  safely  upon  said  portion  of 

said  floors. 


684 

For  the  purpose  of  determining  the  carrying  capacity  of 
columns  in  dwellings,  office  buildings,  stores,  stables,  public 
buildings  and  factories,  when  over  five  stories  in  height,  a  re- 
duction of  the  live  loads  shall  be  permissible  as  follows:  For 
the  roof  and  top  floor  the  full  live  loads  shall  be  used:  for 
each  succeeding  lower  floor  it  shall  be  permissible  to  reduce 
the  live  load  by  five  (5)  per  cent  until  fifty  (50)  per  cent  of 
the  live  loads  fixed  by  this  section  is  reached,  when  such  re- 
duced loads  shall  he  used  for  all  remaining"  floors. 

1821.  Sec.  39.     Load  on  Floors    to    be    Distributed.— The 

weight  placed  on  any  of  the  floors  of  any  building  shall  be 
safely  distributed  thereon.  The  Commissioner  of  Public 
Works  shall  require  the  owner  or  occupant  of  any  building, 
or  any  portion  thereof,  to  redistribute  the  load  on  any  floor, 
or  to  lighten  such  load  where  he  deems  it  necessary. 

1822.  Sec.  40.  Strength  of  Existing  Floors  to  be  Calcu- 
lated.— In  all  warehouses,  storehouses,  factories,  workshops 
and  stores  where  heavy  materials  are  to  be  kept  or  stored,  or 
machinery  introduced,  the  weight  that  each  floor  will  safely 
sustain  upon  each  square  foot  thereof  or  upon  each  varying 
part  of  such  floor,  shall  be  estimated  by  a  competent  person 
employed  by  the  owner  or  occupant,  said  estimate  shall  be 
placed  in  a  conspicuous  place  on  each  story,  or  varying  parts 
of  each  story,  of  the  building  to  which  it  relates.  Before  any 
building  hereafter  erected  is  occupied  and  used  in  whole  or  in 
part  for  any  of  the  purposes  aforesaid,  and  before  any  build- 
ing erected  prior  to  the  passage  of  this  code,  but  not  at  such 
time  occupied  for  any  of  the  aforesaid  purposes,  is  occupied 
or  used,  in  whole  or  in  part,  for  any  of  said  purposes,  the 
weight   that  each  floor  will  safely  sustain  upon  each   square 

thereof  shall  be  ascertained  and  posted  in  a  conspicuous 
place  on  each  story  or  varying  part  of  each  story  of  the  build- 
ing to  which  it  relates.  No  person  shall  place  or  cause  or  per- 
mit to  be  placed,  on  any  floor  of  any  building,  any  greater  load 
than  the  safe  load  thereof,  as  correctly  estimated  and  ascer- 
tained as  herein  provided. 

-  amended  by  Ord.  2375,  approved  May  13,  1903.) 


685 

1823.  Sec.  41.  Strength  of  the  Temporary  Supports. — 
Every  temporary  support  placed  under  any  structure,  wall, 
girder  or  beam,  during  the  erection,  finishing,  alteration  or  re- 
pairing of  any  building  or  structure  or  any  part  thereof,  shall 
be  built  of  sufficient  strength  to  safely  carry  the  load  to  be 
placed  thereon. 

PART  VII. 

Excavations  and  Foundations. 

1824.  Sec.  42.  Excavations. — All  excavations  for  buddings 
shall  he  properly  guarded  and  protected  by  the  person,  persons 
or  corporations  causing  same  to  be  made,  so  as  to  prevent  the 
same  from  becoming  dangerous  to  life  or  limb,  and  shall  be 
sheath-piled  where  it  may  be  necessary  to  prevent  the  adjoin- 
ing soil  from  caving"  in  by  reason  of  its  own  weight,  or  by 
reason  of  any  load  that  may  rest  upon  it. 

1825.  Sec.  43.  Depths  of  Excavations. — The  legal  depth 
for  excavation  to  the  bottom  of  footings  shall  be  six  feet  for 
dwellings  and  twelve  feet  for  business  buildings,  to  be  meas- 
ured from  the  curb  level  on  the  party  line. 

Under  no  circumstances  shall  the  foundations  of  any 
building  of  the  first  or  second  class  except  those  erected  on 
solid  rock — be  less  than  four  feet  deep  below  the  finished 
grade.  Provided  that  any  wall  erected  prior  to  the  passage  of 
this  ordinance  shall  be  exempt  from  the  provisions  of  this  sec- 

ti(  in. 

Whenever  an  excavation  shall  be  carried  to  a  greater 
depth  than  the  legal  depth  above  given,  it  shall  be  the  duty 
of  the  person  or  persons  making  such,  or  causing  such  exca- 
vation to  be  made  to  preserve  an)   contiguous  legal  wall  or 

walls    from    injury   ami    sustain    ami    protect    ami    underpin    the 

.same  at   his  own  cost  and  expense,   SO  that    the  said   wall  or 

walls  shall  be  and  remain  as  safe,  practically,  as  before  such 

avation    was    commenced.     Me    shall    give    timel)    written 

notice  to  adjoining  property  owners  of  his  intention   to  do 

and  the  adjoining  propert)  owners  shall  permit  the  necessary 
occupancy  of  their  ground  ami  premise-,  so  that  their  walls 
may  be  underpinned  ami  sustained.     If  such  excavation  shall 


686 

not  be  carrie9  down  to  a  depth  greater  than  the  legal  depth 
above  given,  the  owner  or  owners  of  such  adjoining  or  con- 
tiguous wall  or  walls  shall  preserve  their  own  walls  from  in- 
jury and  so  sustain,  protect  and  underpin  the  same  that  they 
shall  be  and  remain  as  safe  as  before  such  excavation  was 
commenced,  and  the  said  owner  or  owners  of  adjoining  or 
contiguous  wall  or  walls  shall  be  permitted  to  enter  upon  the 
premises  where  such  excavation  is  being'  made  for  that  pur- 
when  necessary. 

If  the  person  or  persons  whose  duty  it  shall  be  to  preserve 
or  protect  any  wall  or  walls  from  injury  as  provided  above, 
shall  neglect  or  fail  to  do  so  after  having  had  twenty-four 
hours'  notice  from  the  Commissioner  of  Public  Works,  then 
the  said  Commissioner  may  enter  upon  the  premises  and  may 
furnish  such  support  and  protection  as  the  circumstances  may 
require.  The  expense  so  incurred  may  be  recovered  by  the 
City  from  the  party  or  parties  compelled  by  law  to  furnish 
such  support  and  protection. 

1826.  Sec.  44.  Foundations. — Foundations  shall  be  pro- 
portioned to  the  actual  loads  they  will  have  to  carry  in  the 
completed  and  occupied  building. 

Every  building  except  buildings  erected  on  solid  rock 
shall  have  foundations  of  brick,  stone,  iron,  steel  or  concrete 
laid  on  the  solid  ground  or  level  surface  of  rock,  or  upon  piles 
or  ranging  timbers  when  solid  earth  or  rock  is  not  found. 

Piles  intended  to  sustain  a  wall,  pier  or  post  shall  be 
driven  to  a  solid  bearing  if  practicable  to  do  so,  and  the  num- 
ber of  such  piles  shall  be  sufficient  to  support  the  weight  to  be 
imposed  thereon.  No  pile  shall  be.  used  of  less  dimensions 
than  five  inches  at  the  small  end  and  ten  inches  at  the  butt 
for  piles  twenty  feet  or  less  in  length  ;  and  twelve  inches  at 
the  butt  for  piles  more  than  twenty  feet  in  length.  Xo  pile 
shall  be  weighted  with  a  load  exceeding  fifty  thousand  pounds. 
When  a  pile  is  not  driven  to  refusal,  its  safe  sustaining  power 
shall  be  determined  by  the  following  formula :  Twice  the 
weight  of  the  hammer  in  tons,  multiplied  by  the  height  of  the 
fall  in  feet,  divided  by  the  least  penetration  of  pile  in  inches 
plus  one.  under  the  last  blow. 


681 

The  Commissioner  of  Public  Works  shall  be  notified  of 
the  time  when  test  or  initial  piles  will  be  driven,  that  he  may 
be  present  in  person.  The  tops  of  all  piles  in  permanently  wet 
earth  shall  be  required  to  be  cut  off  at  least  nine  inches  below 
footings,  and  concrete  shall  be  rammed  down  in  the  interspaces 
between  the  heads  of  the  piles  to  a  depth  and  thickness  of  not 
less  than  nine  inches,  and  for  one  foot  in  width  outside  of  the 
piles,  and  the  piles  properly  sealed  with  nine  inches  of  con- 
crete on  top. 

Provided,  that  if  pile  construction  is  used  under  water 
and  ranging  and  capping  timbers  are  laid  on  piles  for  founda- 
tions, they  shall  not  be  less  than  six  inches  thick,  properly 
joined  together,  and  tops  laid  below  low  water  mark. 

Where  metal  is  incorporated  in  or  forms  part  of,  or  the 
whole  of  a  foundation,  it  shall  be  thoroughly  protected  from 
rnst  by  paint,  asphaltum  and  concrete. 

1826a.  Sec.  45.     Pressure  under  Footings  of  Foundations. 

—The  loads  exerting  pressure  under  the  footings  of  founda- 
tions in  buildings  more  than  three  stories  in  height  are  to  be 
computed  as  follows;  For  warehouses  and  factory  buildings 
they  are  to  be  the  full  dead  load  and  the  full  live  load  estab- 
lished by  section  38  of  this  code. 

In  stores  and  buildings  for  light  manufacturing  purposes 
the}  are  to  be  the  full  dead  load  and  sixty  per  cent  of  the 
live  load  established  by  section  38  of  this  Code. 

In  churches,  school  houses  and  places  of  public  amuse- 
menl  they  are  to  he  a  full  dead  load  and  fifty  per  cent  of  the 
live  load  established  by  Section  38  of  this  Code. 

In  office  buildings,  hotels,  dwellings,  apartment  houses, 
tenemenl  lion-.-,  lodging  houses  and  stables,  they  are  to  he 
the  full  dead  load  and  thirty  per  cenl  of  the  live  load  estab- 
lished by  Section  38  of  this  Code. 

PART  VIII. 

Walls,   Piers  and   Partitions. 

1827.         Sec.  46.     Materials  of  Walls.— The  walls  of  all  build- 

other  than  frame  or  wood  buildings  shall  he  constructed 

of  stone,  brick,  Portland  cemenl  e.  iron,  steel  or  other 


688 

hard  incombustible  material,  and  the  several  component  parts 
of  such  buildings  shall  be  as  herein  provided.  All  buildings 
shall  be  inclosed  on  all  sides  with  independent  or  party  walls. 

1828.  Sec.  47.  Walls  and  Piers.— In  all  walls  of  the  thick- 
ness specified  in  this  Code,  the  same  amount  of  materials  may 
be  used  in  piers  or  buttresses.  Bearing  walls  shall  be  taken 
to  mean   those   walls  on   which   the  beams,  girders  or  trusses 

The  walk  and  piers  of  all  buildings  shall  be  properly  and 
solidly  bonded  together  with  close  joints  filled  with  mortar. 
They  shall  be  built  to  a  line  and  be  carried  up  plumb  and 
straight.  The  walls  of  each  story  shall  be  built  up  the  full 
thickness  to  the  top  of  the  beams  above.  All  brick  laid  in 
non-freezing  weather  shall  be  well  wet  before  being  laid. 

All  isolated  piers  shall  be  built  of  stone  or  good,  hard, 
well  burnt  brick  laid  in  cement  mortar. 

Cap  stones  not  less  than  seven  (7)  inches  in  thickness,  or 
iron  plates  proportioned  in  either  case  to  the  weight  to  be 
carried,  and  of  the  full  size  of  the  pier  shall  be  set  under  all 
columns  or  girders  bearing  on  said  pier's.  Isolated  piers  shall 
not  exceed  in  height  ten  times  their  least  dimensions.  Where 
walls  or  piers  are  built  of  coursed  stones,  with  dressed  level 
beds  and  vertical  joints,  the  said  walls  or  piers  shall  in  no 
case  be  less  than  three-fourths  of  the  thickness  provided  for 
brick  work. 

1829.  Sec.  48.  Ashlar. — Stone  used  for  the  facing  of  any 
building  shall  be  of  such  thickness  as  to  make  the  walls  in- 
dependent of  the  ashlar,  conform  as  to  thickness  with  the  re- 
quirements of  this  Code,  unless  the  ashlar  be  at  least  eight 
inches  thick  and  bonded  into  the  backing,  and  then  it  may  be 
counted  as  part  of  the  thickness  of  the  wall. 

1830.  Sec.  49.  Mortar  for  Walls  and  Ashlar.— The  back- 
ing up  of  all  stone  ashlar  shall  be  laid  up  with  cement  mor- 
tar, or  cement  and  lime  mortar  mixed,  but  the  back  of  the  ash- 
lar may  be  pargeted  with  lime  mortar  to  prevent  discoloration 
of  the  stone. 

1831.  Sec.  50.  Walls  for  Dwelling  Houses.— The  expres- 
sion "Walls  for  Dwelling  Houses"  shall  be  taken  to  mean  and 


689 

include  in  this  class  walls  for  the  following  buildings,  as  de- 
fined in  Part  III.  "Definition.-":  Private  dwelling  houses 
and  apartment  houses.  Said  walls  shall  be  of  the  following 
thickness  : 

Stories  Basement  Basement 

High  of  stone  of  brick. 

1    18"  16" 

2  . is"  Hi" 

::    20"  16" 

1    . 24"  20" 

5    21"  20" 

6    28"  24" 

;    30"  24" 

Stories  Upper  Stories  of  Brick. 

High  1st     2nd     3rd     4th     5th     6th     7th 

1     12" 

2  .12"     12" 

::  16"  12"  12" 

I  16"  16"  12"  12" 

5  20"  16"  16"  12"     12" 

6  20"  20"  16"  16"     12"     12" 

;    24"     20"     2(»"     1CV'     16"     12"     L2" 

1832.  Sec.  51.  Walls  for  Warehouses. — The  expression 
"Walls  for  Warehouses"  shall  be  taken  to  mean  and  include 

in    this   class    walls    for   the    following   buildings,   as    defined    in 

Part     III.     "Definitions":     Hotels.    Office     Buildings,    Ware 
house,   Factory    Buildings  and    Public    Buildings.     Said   walls 

-hall  Ik-  of  the  following  thickness: 

Stories  Basemenl  Basemenl 

I  [igh                                                                    of  stone  ( >\   brick. 

1     is"  Hi" 

2    is"  L6" 

:;    20"  2n" 

1    2  1"  20" 

5    88"  2  1" 

6    ::<•"  2  1" 

7    32" 


90 

Stories  tjpper  Stories  of  Brick. 

High  1st     2nd     3rd      Lth     5th     6th     7th 

1    12" 

2   16"    12" 

:;   16"    Hi"    12" 

I   20"    ii;"    Hi"    L2" 

5    20"     16"     16"     16"     12" 

6    24"     20"     20"     16"    16"     12" 

;     24"     24"     20"     20"    16"     16"     12" 

All  basement  walls  built  of  brick  shall  be  laid  in  cement 
mortar.  If  solid  buttresses,  or  if  iron  or  steel  pillars,  not  over 
L8  feet  between  centers,  with  sufficient  strength  to  carry 
trusses  or  girders,  are  used,  then  the  thickness  of  the  walls 
may  be  reduced  four  (4)  inches,  provided,  however,  that  no 
brick  wall  shall  be  less  than  twelve  inches  in  thickness. 

The  thickness  of  walls  specified  herein  and  set  forth  in 
the  tables  for  the  various  buildings  are  intended  to  apply  to 
all  exterior  enclosing  walls  and  all  such  interior  walls  as  may 
be  required  for  the  support  of  floors  and  roofs. 

An  increase  of  four  inches  in  the  thickness  of  walls  r.hall 
be  made  in  all  cases  wdiere  the  walls  support  trussed  roofs 
and  are  over  seventy-five  feet  long,  and  where  walls  for  ware- 
houses and  factory  buildings  are  over  one  hundred  and  fifty 
(150)  feet  long,  without  masonry  cross  walls  of  equal  height. 

All  non-bearing  walls  of  buildings  of  the  first  and  second 
classes  may  be  four  inches  less  in  thickness  than  the  standard 
thickness;  provided,  however,  that  none  are  less  than  thir- 
teen inches  thick  except  as  herein  specified. 

Curtain  walls  may  be  less  in  thickness  than  the  standard 
thickness  (see  tables  in  sections  50  and  51)  for  walls  of  build- 
ings of  the  first  and  second  classes,  but  no  curtain  walls  shall 
be  less  than  thirteen  inches  thick,  except  in  tenement  houses 
where  they  may  be  nine  inches  thick. 

Churches,  public  halls,  theaters,  etc.,  with  trussed  roofs 
or  ceiling,  and  under  twenty-five  feet  high,  shall  have  brick 
walls  sixteen  (16)  inches  thick,  over  twenty-five  feet  high  and 
not  more  than  forty-five  feet  high,  twenty  (20)  inches  thick 
for  the  first  twenty-five  feet,  and  sixteen  (16)  inches  for  the 
remainder;  over  forty-five  feet  and  not  more  than  sixty  feet. 


691 

twenty-four  inches  thick  for  the  first  twenty-five  feet,  twenty 
(20)  inches  thick  for  the  next  twenty  feet,  and  sixteen  (16) 
inches  for  the  remainder.  For  anything  over  sixty  feet  in 
height  the  walls  shall  he  increased  in  thickness  proportion- 
ately. 

If  there  be  a  clear  span  of  over  twenty-five  feet  between 
the  bearing  walls,  such  walls  shall  be  four  inches  more  in 
thickness  than  in  this  Code  specified,  for  every  twelve  and 
one-half  feet  or  fraction  thereof  that  said  walls  are  more 
tban  twenty-five  feet  apart,  or  shall  have  instead  of  the  in- 
creased thickness  such  piers,  iron  columns  or  buttresses  as  are 
necessary  to  sustain  the  safe  load  as  provided  in  section  35  of 
this  Code. 

All  basement  or  foundation  walls  not  resting  on  solid 
stone  shall  have  footings  to  extend  at  least  six  inches  on  either 
side  of  wall  and  not  less  than  eight  inches  in  thickness  for 
dwellings  above  three  stories  high,  and  for  all  storage  and 
manufactories  or  public  buildings. 

This  footing  shall  be  of  flagstone  or  cement  concrete,  and 
in  all  cases  shall  be  proportioned  to  the  sustaining  value  of  the 
soil. 

1833.  Sec.  52.  Height  of  Stories.— The  height  of  stories 
from  floor  to  floor  for  all  buildings  in  using  the  Foregoing 
tables  for  thicknesses  of  walls  shall  not  be  more  than  twelve 
feet  for  basement,  sixteen  feel  For  the  first  story  and  fourteen 
feet  for  all  stories  above  the  firsl  story.  An  increase  of  four 
inches  in  thickness  of  walls  shall  be  made  for  every  five  feel 
or  fraction  thereof  in  heighl  added  to  the  given  heighl  oi 
stories. 

1834.  Sec.  53.  Binding  of  Walls.— Ml  rubble  masonr) 
work  shall   be  thoroughly  bonded  with   three-quarter  or  inll 

bond. 

Ledges  will  be  permitted  to  supporl  joists  or  beams,  bnt 
shall  be  of  sufficienl  strength  to  carrj  the  load  imposed  there 
on. 

Common  brick  ill  have  one  course  of  headers  for 

ai  lea  ry  seven  a  ■  stretch< 


692 

1 1  pressed  brick  are  used  for  Facing  they  must  be  bonded 
to  the  backing  at  least  every  seventh  course.  Bond  shall  be 
established  by  solid  headers,  blind   headers,  or  by  means  of 

Hie  anchors;  in  all  cases  where  carrying  piers  are  faced 
with  pressed  brick,  solid  headers  only  shall  be  used. 

1835.  Sec.  54.  Existing  Party  Walls.— \\  alls  heretofore 
built  or  used  as  party  walls,  whose  thickness  at  the  time  of 
their  erection  was  in  accordance  with  the  requirements  of  the 
then  existing  laws,  but  which  are  riot  in  accordance  with  the 
requirements  of  this  Code  may  be  used  if  in  good  condition 
for  the  ordinary  use  of  party  -walls,  providing"  the  height  of 
the  same  is  not  to  be  increased. 

1836.  Sec.  55.  Lining  Existing  Walls. —  hi  case  it  is  de- 
sired  to  increase  the  height  of  existing  party  walls  or  inde- 
pendent walls,  which  are  less  in  thickness  than  required  under 
this  code,  the  same  shall  be  done  by  a  lining  of  brickwork  to 
form  a  combined  thickness  with  the  old  wall  of  not  less  than 
four  inches  more  than  the  thickness  required  for  a  new  wall 
corresponding  with  the  total  height  of  the  wall  when  so  in- 
creased in  height.  The  said  lining  shall  be  supported  on 
proper  foundations.  Xo  lining  shall  be  less  than  eight  inches 
in  thickness,  and  all  linings  shall  be  laid  up  in  cement  mortar 
and  thoroughly  anchored  to  the  old  brick  walls,  with  suitable 
wrought  iron  anchors,  placed  two  feet  apart  and  properly 
fastened  or  driven  into  the  walls  in  rows  alternating  vertical- 
ly and  horizontally  with  each  other,  the  old  walls  being  first 
cleaned  of  plaster  or  other  coatings  where  any  lining  is  to  be 
built  against  same. 

Xo  wall  shall  be  lined  less  than  twelve  inches  in  base- 
ment. 

\11  linings  in  basement  must  project  four  inches  beyond 
the  lining  in  the  first  floor;  or  skeleton  steel  or  iron  construc- 
tion may  be  used  with  posts  and  girders,  supporting  each  story 
and  carried  up  to  full  height  of  proposed  building,  resting  on 
sufficient  foundations  as  mentioned  in  section  44  of  this  code. 

1837.  Sec.  56.  Anchors. — Brick  and  stone  walls  on  each 
story  above  the  first  floor,  including  roof  and  ceiling  joists  of 
every  building,  shall   be  anchored   to  joists    with    substantial 


693 

wrought  iron  or  steel  anchors,  spaced  not  over  eight  Eeet 
around  the  building  and  securely   fastened. 

In  case  side  walls  are  built  in  advance  of  front  walls  sub- 
stantial wrought  iron  anchors  shall  be  built  in  side  walls  at 
hast  every  four  feet  in  height. 

Partition  wall  joists  shall  be  anchored  in  a  similar  man- 
ner. 

Where  joists  are  put  in  existing  walls  they  must  be  thor- 
oughly anchored  in  the  same  manner. 

1838.  Sec.  57.  Ground  Dampness. —  In  all  cases  where  the 
nature  of  the  soil  is  damp  or  contains  water,  suitable  pro- 
vision shall  be  made  to  carry  oft  all  such  dampness  or  moist- 
ure by  means  of  drain  tiles  laid  inside  or  outside  of  the  walls, 
or  both.  Such  drain  tiles  shall  be  connected  with  a  catch 
basin,  or  other  suitable  device,  and  thence  discharged  into  the 
house  drain. 

1839.  Sec.  58.  Timber  in  Wall  Prohibited.— No  timber, 
except  inside  lintels,  as  herein  provided ;  brace  blocks,  or  w 1 

brick  not  more  than  eight  inches  in  length  shall  be  used  in  any 
wall  ni'  any  building  where  stone,  brick'  or  iron  is  commonly 
used. 

1840.  Sec.  59.  Arches  and  Lintels. — Openings  lor  doors 
and  windows  in  all  buildings  shall  have  good  and  sufficienl 
arches  of  stone,  brick  or  terra  cotta,  well  built  and  keyed  with 
go. id  and  sufficienl  abutments,  or  lintels  of  stone,  iron  or  steel 
of  sufficienl  strength,  which   will  have  a  bearing  at  each  end 

of  not  less  than  six  inches  on  Hie  wall.  (  In  the  inside  of  all 
openings  in  which  lintels  shall  be  less  than  the  thickness  q£ 
tin-  wall  to  he  supported  there  shall  be  timber  lintels,  which 
shall  resl  at  each  end,  anil  shall  have  a  suitable  arch  turned 

the    timber    lintel.      Or    the    inside    lintel    nia\     he    ol 
iron,  or   wrought    iron   or  steel,   in    which    i 

casl  iron  plates  shall  not  he  required  al  the  ends  where  the 
lintel  rests  on  the  walls,  provided  the  opening  is  not  more 
than    S\X    feet    in    width. 

'I'Im  rods  hall  he  used  where  necessar)  to  secure  sta- 
bility . 


694 

1841.  Sec.  60.  Hollow  Walls.— In  all  walls  that  arc-  built 
a  the  same  quantity  of  stone,  brick  or  concrete  shall  be 
in  their  construction  as  if  they  wire  built  solid,  and  no 

\v>  wall  shall  be  built  unless  the  parts  of  the  same  arc  con- 
nected  by  proper  ties,  either  of  brick,  stone  or  metal,  placed 
•    twenty-four  inches  apart. 

1842.  Sec.  61.  Hollow  Brick  on  Inside  of  Walls.— Where 
hollow  tile  or  porous  terra  cotta  blocks  are  used  as  lining  or 
furring  for  walls,  they  shall  not  be  included  in  the  measure- 
ment of  the  thickness  of  such  walls;  provided,  however,  that 
iii  tli         -       »f  a  curtain  or  non-bearing  wall,  hard  burned  hol- 

tile,  at  least  three  inches  in  thickness,  may  be  used,  the 
same  to  be  laid  up  with  the  wall  and  thoroughly  bonded  into 
the  same. 

s  amended  by  <  >rd.  2533,  approved  Oct.  6,  1905.) 

1843.  Sec.  62.  Furred  Walls  or  Chimneys.— In  all  walls 
or  chimneys  furred  with  wood  two  courses  of  the  brickwork 
between  the  ends  and  opposite  the  wood  beams  shall  project 
the  thickness  of  the  furring  beyond  the  inner  face  of  the  wall. 

1844.  Sec.  63.  Brick  and  Hollow  Tile  Partitions.— Eight- 
inch  brick  and  six-inch  and  four-inch  hollow  tile  partitions,  or 
hard-burnt  clay,  or  porous  terra  cotta  may  be  built  not  ex- 
ceeding in  their  vertical  portions  a  measurement  of  twenty- 
five,  sixteen  and  twelve  feet,  respectively,  and  in  their  hori- 
zontal measurement  a  length  not  exceeding  seventy-five  feet, 
unless  strengthened  by  proper  cross  walls,  piers  or  buttresses, 
or  built  in  iron,  or  steel  frame  work.  All  such  partitions  shall 
be  carried  on  proper  foundations,  or  on  iron  or  steel  girders 
and   columns,  or  piers   of  masonry. 

1845.  Sec.  63a.  Parapet  Walls. — All  walls,  except  the  ex- 
terior wall  upon  one  side,  of  all  buildings  having  flat  roofs 
shall  be  carried  up  at  least  two  feet  above  the  roof  and  coped 
with  incombustible  material. 

1846.  Sec.  63b.  Openings  in  Division  or  Party  Walls. — 
The  Commissioner  of  Public  Works  may  require  all' openings 
in  division  or  party  walls  to  be  provided  with  single  or  double 
automatic  or  self-closing  fire  doors  whenever  in  his  opinion 
such  doors  are  necessary. 

amended  by  Ord.  2375,  approved  May  13,  1903.) 


695 


PART  IX. 

Fire  Limits — Buildings  Within  the  Fire  Limits  and  Dangerous 

Buildings. 

1847.         Sec.  64.     Fire  Limits.— All  of  that  part  of  the  City 
'.    Paul  embraced  within  the  following   described   bound- 
aries shall  hereafter  be  known  as  the  hire  Limits  of  the  City 
of  St.  Paul. 

Beginning  at  a  point  on  the  Mississippi  river  where  the 
center  line  of  Commercial  street  extended  would  intersect 
the  channel  of  said  river,  thence  in  a  northerly  direction  along 
the  center  line  of  Commercial  street  to  a  point  where  said  line 
extended  would  intersect  a  line  drawn  150  feet  south  of  and 
parallel  to  the  southerly  line  of  East  Seventh  street,  thence 
in  an  easterly  direction  along  a  line  150  feet  south  of  and  par- 
allel to  the  southerly  line  of  East  Seventh  street  to  the  center 
line  of  Mope  street,  thence  in  a  northerly  direction  along  the 
center  line  of  Hope  street  to  a  point  150  feet  north  of  the 
northerly  line  of  East  Seventh  street,  thence  in  a  westerly 
direction  along  a  line  150  feet  north  of  and  parallel  to  the 
northerly  line  of  East  Seventh  street  to  a  point  150  feet  east 
of  the  easterly  line  of  Broadway  street,  thence  in  a  northerly 
direction  on  a  line  150  feet  east  of  and  parallel  to  the  easterly 
line  of  Broadwa)  streel  to  the  center  line  of  Grove  street, 
thence  wesl  along  the  center  line  of  Grove  streel  to  a  point 
I"11  feel  west  of  the  westerly  line  of  Broadway  street;  thence 
in  a  southerly  direction  along  a  line  150  fec-t  wesl  of  and  par- 
allel to  the  westerly  line  of  Broadway  street  to  a  poinl  L50 
feet  north  of  the  northerly  line  of  East  Ninth  street  ;  thence  in 
a  westerly  direction  along  a  line  L50  feet  north  of  and  par 
allel  to  the  northerly   line  of   East    Ninth   streel    to  a   point    1  50 

east  of  tlie  easterly  line  of  Jackson  street;  thence  in  a 
northerly  direction  along  a  line  150  feet  east  of  and  parallel 
to  tin-  easterly  line  ,,f  Jackson  streel  to  the  center  line  of 
Thirteenth   street;  thence   in   a   westerly   direction   along   the 

enter  line  of  Thirteenth  street    to  a   point    where   said   lini 

tended  would  intersecl  the  center  line  of  Robert  street  ;  thence 
in  a  southerly  direction  along  the  center  line  of  Roberl  street 
to  ,-i  point  where  said  line  would  intersecl  the  center  hi' 


696 

East  Summit  avenue  extended;  thence  in  a  westerly  direction 
aiong  the  center  line  of  East  Summit  avenue  to  a  point  L50 
feet  east  of  the  easterl)  line  of  Wabasha  street;  thence  in  a 
northerly  direction  along  a  line   L50  Eeet  east  of  and  parallel 

to  the  easterly  line  of  Wabasha  street  to  a  point  where  said 
line  would  intersect  a  lino  drawn  L50  feet  east  of  and  parallel 
t<>  the  east  line  of  Rice  street;  thence  north  along  a  line  150 
feet  east  of  and  parallel  to  the  east  line  of  Rice  street  to  a 
point  L50  feet  north  of  the  north  line  of  East  University 
avenue;  thence  west  along  a  line  L50  feet  north  of  and  par- 
allel to  the  north  line  of  University  avenue  to  a  point  150  feet 
west  of  the  west  line  of  Rice  street  ;  thence  south  along  a  line 
150  feet  west  of  and  parallel  to  the  west  line  of  Rice  street  to 
a  point  150  feet  south  of  the  south  line  of  West  University 
avenue  :  thence  east  along  a  line  150  feet  south  of  md  parallel 
to  the  south  line  of  West  University  avenue  to  a  point  where 
said  line  would  intersect  a  line  drawn  1">0  feet  west  ot  and 
parallel  to  the  westerly  line  of  Wabasha  street;  thence  in  a 
southerly  direction  along  a  line  150  feet  west  of  and  parallel 
to  the  westerly  line  of  Wabasha  street  to  the  center  line  of 
West  Summit  avenue:  thence  in  a  westerly  direction  along  the 
center  line  of  West  Summit  avenue  to  a  point  150  feet  west 
of  the  westerly  line  of  West  Third  street;  thence  in  a  south- 
erly direction  along  a  line  150  feet  west  of  and  parallel  to  the 
westerly  line  of  West  Third  street  to  a  point  150  feet  north 
of  the  northerly  line  of  West  Seventh  street;  thence  in  a  west- 
erly direction  along  a  line  150  feet  north  of  and  parallel  to 
the  northerly  line  of  West  Seventh  street,  to  the  center  line  of 
Ram-  et;  thence  east  along  the  center  line  of  Ramsey 

I  to  a  point  150  feet  south  of  the  southerly  line  of  West 
nth  street :  thence  in  an  easterly  direction  along  a  line  150 
feet  south  of  and  parallel  to  the  southerly  line  of  W^est  Sev- 
enth street,  to  a  point  150  feet  west  of  the  westerly  line  of 
le  street;  thence  in  a  southerly  direction  along  a  line  150 
feet  west  of  and  parallel  to  the  westerly  line  of  Eagle  street, 
to  a  point  where  said  line  extended  would  intersect  the  chan- 
nel of  the  Mi»-dssippi  river:  thence  in  an  easterly  direction 
along  the  channel  of  the  Mississippi  river  to  a  point  where  the 
center  line  of  Hyde  street  extended  would  intersect  said  chan- 


nel ;  thence  in  a  southerly  direction  along  said  center  line  ol 
Kyde  street  extended  to  the  center  line  of  Fillmore  avenue; 
thence  in  an  easterly  direction  along  the  center  line  of  Fillmore 
avenue  to  a  point  150  feet  west  of  the  westerly  line  of  South 
Wabasha  street;  thence  in  a  southerly  direction  along  a  line 
150  feet  west  of  and  parallel  to  the  westerly  line  of  South 
Wabasha  street,  to  the  center  line  of  West  Isabel  street  ; 
thence  east  along  the  center  line  of  Isabel  street  to  a  poinl 
150  feet  east  of  the  easterly  line  of  South  Wabasha  street; 
thence  in  a  northerly  direction  along  a  line  150  feet  east  of 
and  parallel  to  the  easterly  line  of  South  Wabasha  stre< 
the  center  line  of  Fillmore  avenue  ;  thence  in  an  easterly  direc- 
tion along  the  center  line  of  Fillmore  avenue  to  a  point  L50 
feet  west  of  the  westerly  line  of  South  Robert  street;  thence 
in  a  southerly  direction  along  a  line  150  feet  west  of  and  par- 
allel to  the  westerly  line  of  South  Robert  street  to  the  center 
line  of  Wood  street  :  thence  east  along  the  center  line  of  \\  ood 
street  to  a  point  150  feet  east  of  the  easterly  line  of  South 
Robert  streetj  thence  in  a  northerly  direction  along  a  line-150 
Feel  east  of  and  parallel  to  the  easterly  line  of  South  Roberl 
street,  to  the  center  line  of  Fillmore  avenue;  thence  in  an 
rly  direction  along  the  center  line  of  Fillmore  avenue,  to 
.-.  poinl  where  said  line  extended  would  intersect  the  centei 
line  of  State  street:  thence  in  a  northerly  direction  along  the 
center  line  of  State  street  to  a  point  where  said  line  extended 
would  intersect  the  channel  of  the  Mississippi  river;  thence 
in    an   easterly   direction    along   the   channel    of   the    Mississippi 

river  to  the  place  of  beginning;  also",  commencing  at  a  point 
on  the  center  line  of  Beaumonl  streel  L50  feel  easl  of  the  east 
hue  of  Payne  avenue;  thence  north  along  a  line   L50  feet 

id  parallel  to  the  east  line  of  Payne  avenue,  to  the  center 
Inn-  of  Cook  streel  ;  thence  west  along  the  center  line  of  Cool* 

'   to  a  point    I  "i"  feet   west  of  the  west   line  of   |';i\  n.    ;i\  fiine  ; 

thence  south  along  a  line  L50  feel  wesl  of  and  parallel  to  the 
west   line  of   Payne  avenue,  to  the  center  hue  of   Beaumont 

:  :  thence  cast  along  the  center  line  of  Beaumont  street  to 
the  place  of  beginning. 

Excepting,  however,  lots  one  and  two,  in  block  167,  of 
Robertson's  Addition  to  the  City  of  St.  Paul. 

i  \s  amended  by  Ord.  8543,  approved  Dec.  8,  L905.) 


698 

And   except,   however,   the   north   half   (N.   }4)   of  block 
numbered   fifty-five   (55),  of   Kittson's   Addition  to  St.   Paul. 
and  that  part  of  what  was  formerly  Willius  street,  lying  west- 
erly thereof  and  abutting  thereon;  and  excepting  lots  num- 
bered five   (5)  and  six  (6),  in  block  fifty-three  (53),  of  Kitt- 
5  Addition  t<>  St.  Paul,  and  that  portion  of  what  was  for- 
merly  Kittson  street,  lying  adjacent   to  and  abutting  thereon. 
Vs  amended  by  thai.  2547,  approved  Dec.  22,  1905.) 
And  except,  however,  blocks  numbered  thirty-seven  (37), 
thirty-eight    (38),    thirty-nine    (39),   forty    (40)    and   forty-one 
(41),  of  Kittson's  Addition  to  St.  Paul. 

(As  amended  by  <  >rd.  2526,  passed  by  the  Council  and  sent  to 
the  Mayor  Aug.  5,  1905;  returned  without  his  signature, 
and  became  in  full  effect  by  charter  provision.) 
Except,  however,  lot  thirteen  (13),  in  block  fourteen  (14), 
of  Arlington  Hills  Addition. 

I  As  amended  by  <  >rd.  2411,  approved  Dec.  4,  1903.) 

1848.  Sec.  65.     Buildings  in  Fire  Limits. — Xo  building  or 

structure,  or  part  of  building  or  structure,  except  as  herein 
provided,  shall  hereafter  be  erected,  enlarged,  repaired,  altered 
or  placed  within  the  Fire  Limits  of  the  City  of  St.  Paul  unless 
the  exterior  and  party  walls,  cornice  and  appendages  of  the 
same  are  composed  entirely  of  iron,  stone,  brick,  cement  or 
Oilier  hard  incombustible  material,  and  the  rcof  of  the  same 
is  covered  with  incombustible  material. 

Frame,  veneered  and  metal  covered  buildings  within  the 
Fire  Limits,  which  have  not  deteriorated  or  been  damaged  to 
the  extent  of  fifty  per  cent,  of  their  original  value,  in  the 
opinion  of  the  Commissioner  of  Public  Works,  may  be  altered 
or  repaired,  and  may  be  raised  for  the  purpose  of  placing  a 
foundation  thereunder,  but  no  such  building  shall  be  increased 
in  size,  and  no  roof  shall  be  repaired  or  replaced,  except  it  be 
of  incombustible  material. 

Frame,  veneered  or  metal  covered  buildings  within  the 
Fire  Limits  which  have  deteriorated  or  been  damaged  to  the 
extent  of  fifty  per  cent,  or  more  of  their  original  value,  in  the 
opinion  of  the  Commissioner  of  Public  Works,  shall  not  be 
repaired,  but  shall  be  demolished  upon  the  order  of  said  Com- 


699 

missioner.  If  the  owner  or  owners  neglect  or  refuse  to  com- 
ply with  an  order  of  the  Commissioner  of  Public  Works  to 
demolish  a  building'  as  above  provided,  then  said  Commis- 
sioner  may  enter  upon  the  premises  and  cause  said  building  in 
be  demolished  and  removed. 

A  statement  of  the  expenses  of  such  removal,  specifying 
the  lots  or  parcels  of  land  upon  which  it  was  incurred,  shall 
be  filed  by  the  City  Clerk  in  the  office  of  the  Register  of  Deeds 
of  the  County  of  Ramsey,  and  shall  thereupon  become  a  lien 
in  favor  of  said  city  upon  such  lot  or  parcel  of  land.  The 
amount  of  such  expense  may  be  recovered  by  said  city  against 
the  owner  or  owners  of  said  lot  or  parcel  of  land,  and  the  lien 
be  enforced  in  a  civil  action  in  any  court  of  competent  juris- 
diction; provided  that  such  statement  shall  be  filed  within 
three  months  after  such  expense  has  been  incurred  by  said 
city,  and  that  if  suit  shall  not  be  brought  as  aforesaid  to  en- 
force  such  lien  within  one  year  thereafter,  the  same  shall 
abate  :  and.  provided  further,  that  said  lien  shall  not  obtain 
before  the  filing  thereof  against  a  bona  tide  purchaser  without 
notice  of  such  expenditures. 

Provided  that  the  provisions  of  this  ordinance  shall  not 
apply  to  lot  nine  (9),  in  block  one  (1),  of  Ewing  &  Chute's 
Addition  to  Saint  Paul. 

(As  amended  by  Ord.  2-'>*~>,  approved  June  25,   1903.) 

1849.  Sec.  66.  Moving  Buildings  in  Fire  Limits. —  No 
frame,  veneered  or  metal  covered  building  shall  be  moved  and 
placed  upon  any  lot  within  the  Fire  Limits,  but  may  be  moved 
and  placed  upon  a  lot  outside  the  Fire  Limits,  providing  that 
such  building  is  made  to  conform  to  the  provisions  of  the 
Building  Ordinance,  ami  a  proper  permit  for  its  removal  is 
firsl  obtained. 

1850.  Sec.  67.  Shelter  Sheds,  Reviewing  Stands,  Etc.— 
Shed-  for  the  shelter  of  animals,  consisting  of  a  wooden 
Frame,  covered  with  iron  or  other  incombustible  material,  ami 
not  exceeding  ten  feet   in  heighl  or  five  hundred  square  feel 

in  area,  and  open  upon  at  lei--!  one  side,  may  he  erected  within 

the  Fire  Limits;  provided,  however,  thai  if  such  shed  is  in- 
tended for  the  accommodation  of  more  than  four  animals,  tin- 


700 

written  consent  of  the  owners  of  all  adjoining  lots  must  first 

'  >tained. 

Reviewing  stands  and  tem.porar)  buildings,  for  the  use 
of  contractors,  ma)  be  erected  within  the  Fire  Limits  in  such 
place  as  the  Commissioner  of  Public  Works  may  designate; 
provided,  that  plans  and  specifications  must  first  be  filed  and 
approved,  and  a  proper  permit  obtained  therefor,  and  that  the 
same  shall  be  removed  within  forty-eight  hours  upon  the  order 
of  the  Commissioner  of  Public  Works. 

1851.  Sec.  67a.  Dangerous  Buildings. —  When,  in  the  opin- 
ion <<i  the  Commissioner  of  Public  Works,  any  building  wall. 
chimney,  scaffolding,  staging,  bill  hoard,  sign,  awning  or  struc- 
ture of  any  kind,  is  unsafe  or  dangerous,  he  shall  issue  an  order 
i:  writing  to  the  owner  or  owners,  agent  or  occupant  to  forth- 
with cause  such  unsafe  or  dangerous  structure  to  be  made  safe 
or  taken  down  or  removed,  and  he  shall  cause  such  order  to 
be  mailed  to  the  last  known  address  of  such  owner  or  owners, 
agent  or  occupant,  or  any  of  them,  and  shall  cause  a  copy  of 
said  order  to  be  posted  upon  such  unsafe  or  dangerous  struc- 
ture. If  the  owner  or  owners,  agent  or  occupant  of  such 
unsafe  or  dangerous  structure  neglect  or  refuse  to  comply 
with  said  order,  or  fail  to  file  a  notice  of  appeal  from  such 
order,  as  provided  in  section  six  (6)  of  this  ordinance,  within 
three  days,  then  the  said  Commissioner  of  Public  Works  may 
enter  upon  the  premises  and  fence  in,  prop  up  or  tear  down 
and  remove  such  unsafe  or  dangerous  structure,  and  do  any 
and  all  things  which  in  his  opinion  may  be  necessarv  for  the 
protection  of  life  and  property. 

A  statement  of  the  expenses  of  such  removal,  specifying 
the  lots  or  parcels  of  land  upon  which  it  was  incurred,  shall 
be  filed  by  the  City  Clerk  in  the  office  of  the  Register  of  Deeds 
of  the  County  of  Ramsey,  and  shall  thereupon  become  a  lien 
in  favor  of  said  city  upon  such  lot  or  parcel  of  land.  The 
amount  of  such  expense  may  be  recovered  by  said  city  against 
the  owner  or  owners  of  said  lot  or  parcel  of  land,  and  the  lien 
be  enforced  in  a  civil  action  in  any  court  of  competent  juris- 
diction :  provided  that  such  statement  shall  be  filed  within 
three  months  after  such  expense  has  been  incurred  by  said 
city,  and  that  if  suit  shall  not  be  brought  as  aforesaid  to  en- 


701 

Force  such  lien  within  one  year  thereafter,  the  same  shall 
abate;  and  provided,  further,  that  said  lien  shall  noi  obtain 
before  the  filing  thereof  against  a  bona  fide  purchaser  without 
notice   of   such   expenditures. 

Ordinances  numbered  433,  1633  and  L857,  and  all  ordi- 
nances amendatory  thereto,  and  all  other  ordinances  or  parts 
of  ordinances  contrary  to  or  conflicting  with  this  ordinance 
are  hereby  repealed. 

(As  amended  by  Ord.  8332,  approved  Dec.  6,  1002.) 
Excepting,  however,  block  five   (5),  Central   Park  Addi- 
tion to  the  City  of  St.  Patd. 

i  As  amended  by  Ord.  231  I.  approved  May  s.  L903.) 

PART  X. 
Apartment   Houses,  Tenement   Houses  and   Dwellings. 

1852.  Sec.  68.  Warehouses,  Factories,  Apartment  Houses, 
Flat  Buildings,  Tenement  Houses,  Hotels  and  Dwellings  of 
certain  heights. —  Every  building  hereafter  erected  in  the  City 
of  St.  Paul,  intended  to  be  used  as  a  warehouse  or  factory, 
r :ore  than  one  hundred  and  five  feet  in  height,  shall  be  fire- 
proof, and  every  non-fire-proof  building  intended  to  be  \\<-^<\ 
for  either  of  said  purposes  more  than  fifty-six  feet,  and  less 
than  one  hundred  and  five  feet  in  height,  shall  be  of  mill  con- 
struction ;  provided,  however,  that  all  non-tire-proof  buildings 
intended  to  be  used  for  either  of  said  purposes,  eighty  feet  or 
more  in  height,  shall  be  thoroughly  equipped  on  every  floor 
with  a  modern  automatic  sprinkling  device  approved  by  the 
Commissioner  of  Public  Works. 

1853.  Sec.  69.     Stairs. —  Ever)  building  erected  in  the  City 

of    St.    Paul    intended    to   he    used    as    an    ;ip;irt  men)    house,    tl.il 

building,  tenemenl  house  or  dwelling,  more  than  five  stories 
in  heighl  above  the  cellar,  or  four  stories  and  basemenl  above 
the  cellar,  shall  be  fire  proof,  and  every  building  hereafter 
erected,  intended  to  be  used  for  an)  of  said  purposes,  excepl 
a  private  dwelling,  more  than  two  stories  in  height,  shall  have 
all  exterior  or  enclosing  walk  composed  entirely  of  brick, 
stone,  concrete  or  some  hard,  incombustible  material,  and 
both  end-  of  all  floor  and  roof  joists  or  beams,  exci  pi  header 


702 

and  tail  beams,  shall  be  supported  upon  a  wall  of  brick,  stoner 
concrete  or  some  hard,  incombustible  material;  provided,  how- 
ever, that  if  the  first  story  in  such  buildings  is  to  be  used  for 
stores,  iron  or  steel  columns  and  girders  may  he  used  in  that 
story,  the  same  to  be  protected  as  required  for  lire-proof  build- 
ings, and  provided,  further,  that  all  division  or  interior  walls 
in  such  buildings  may  he  four  inches  less  in  thickness  than 
provided  in  section  50  of  this  code,  when,  in  the  opinion  of 
the  Commissioner  of  Public  Works,  the  full  thickness  pro- 
vided in  said  section  is  not  required  to  safely  sustain  the  loads 
imposed  on  such  walls.  Every  building"  intended  for  any  of 
said  purposes  more  than  two  stories  in  height  shall  have  at 
least  two  separate  and  distinct  stairways,  and  all  partitions 
enclosing  or  adjacent  to  said  stairways  or  any  elevator  shaftr 
shall  he  composed  of  incombustible  material;  and  provided, 
further,  however,  that  no  apartment  house,  flat  building,  tene- 
ment house,  hotel,  store  building  or  other  building  used  or 
designed  for  use  for  business  purposes  shall  be  erected  or  con- 
structed upon  any  lot  fronting  on  that  certain  street,  boulevard 
and  parkway  known  as  Summit  avenue,  between  Selby  avenue 
and  Cleveland  avenue,  in  the  City  of  St.  Paul. 
(As  amended  by  Ord.  2324,  approved  Oct.  23,  1902,  and  as 
amended  by  Ord.  2375,  approved  May  13,  1903.) 

PART  XI. 
Areas  and  Coal  Chutes. 

1854.  Sec.  70.  Area  Walls. — In  buildings  where  the  space 
ruder  the  sidewalk' is  utilized,  a  sufficient  stone,  or  brick,  or 
steel  construction  shall  he  built  to  sustain  the  load  of  the 
street. 

The  roofs  of  areas  within  the  fire  limits  shall  be  of  incom- 
bustible  material. 

1855.  Sec.  71.  Coal  Chutes. — If  coal  chutes  or  manholes 
are  placed  in  the  sidewalk,  the  cover  shall  have  a  rough  sur- 
face and  be  rabbeted  flush  with  the  sidewalk,  and  means  pro- 
vided  for  locking  same  in  place. 

1856.  Sec.  72.  Stairways. — Open  stairways  and  open  areas 
are   prohibited    in   street   sidewalks.     Any   open   stairwavs   or 


703 

open  areas  adjoining  public  sidewalks  shall  be  properly  pro- 
tected by  suitable  guard  rails. 

1857.  Sec.  73.  Permit  for  Area  Walls. —  In  all  cases  where 
area  walls  are  to  be  constructed  or  openings  in  sidewalks  for 
the  admission  of  coal,  or  light,  or  for  any  other  purpose  are 
to  be  made,  a  permit  shall  first  be  obtained  from  the  Commis- 
sioner of  Public  Works.  Such  permit  shall  specify  th.e  details 
of  the  construction  proposed  to  be  used. 


PART  XII. 

Wood  Beams,  Girders  and  Columns. 

1858.  Sec.  74.  Wood  Beams. — All  wood  beams  and  other 
timber  in  the  party  wall  of  any  building  built  of  stone,  brick 
01  iron  shall  be  separated  from  the  beam  or  timber  entering 
the  opposite  side  of  the  wall  by  at  least  four  inches  of  solid 
mason  work.  All  wood  trimmer  and  header  beams  shall  be 
proportioned  to  carry  with  safety  the  loads  they  are  intended 
to  sustain.  Every  wood  header  or  trimmer  more  than  Four 
feet  long,  used  in  any  building,  except  a  private  dwelling 
house,  shall  be  hung  in  stirrup  irons  or  iron  or  steel  joist 
hangers  of  suitable  thickness  for  the  size  of  the  timbers.  The 
ends  of  all  wood  floor  and  roof  beams  where  they  enter  brick 
walls  shall  be  cu1  to  a  level. 

In  buildings  over  two  stories  in  height,  in  no  case  shall 
either  end  of  a  floor  or  roof  beam  be  supported  on  stud  par 
titions,  except  in  frame  buildings  and  private  dwelling  houses. 

All    wood,    floor    and    wood    roof   joists    shall    be    properly 
bridged    with   crossed    bridging   not    exceeding   eighl    Feel    on 

('(lltcfs. 

All  wood  beams  shall  be  trimmed  away   From  all  lines  and 

chimneys,  whether  the  same  be  a  smoke,  air  or  any  other  flue 

Or  chimney. 

The    woodwork    of    floor    joists    shall    be    al    least    one    inch 

from  brick  work  of  chimney. 


704 

PART  XIII. 

Chimneys,  Flues,  Etc. 

1859.  Sec.  75.  Chimneys. —  In  buildings  hereafter  erected, 
altered  or  repaired,  all  chimneys  shall  be  built  of  brick,  stone 

ther  incombustible  material.  Brick  chimneys  shall  have 
outside  walls  al  leasl  six  inches  thick,  unless  cast  iron  or  tile 
Hue  linings  are  used,  in  which  case  outside  walls  may  be  four 
inches  thick.  In  buildings  only  one  story  high,  brick  chim- 
neys may  have  outside  walls   four   i  I)   inches  thick. 

All  chimneys  or  smoke  flues  occurring  in  masonry  walls' 
shall  have  a  wall  eight  inches  thick  at  the  back,  and  when 
corbelled  out  shall  he  supported  by  at  least  five  course  of 
brick,  ami  it'  supported  by  piers  the  same  shall  start  from  the 
foundation  on  the  same  face  with  the  chimney  above.  All 
chimneys  occurring  in  brick  walls  shall  be  bonded  to  the  walls 
al  every  fifth  course  from  the  bottom  to  the  top  in  regular 
1><  .ml. 

The  inside  of  all  brick  flues  shall  be  built  of  hard  brick, 
and  have  struck  joints,  except  when  lined  with  cast  iron  or 
tile  or  where  circular  flues  are  built  of  brick  with  mortar 
lining. 

Stone  chimneys  shall  have  walls  of  not  less  than  eight 
inches  thickness,  including  linings,  and  shall  have  linings  four 
inches  thick  if  of  brick;  or  linings  may  be  of  cast  iron  or  tile. 

Sheet  metal  smoke  flues  inclosed  in  vent  flues  are  pro- 
hibited. 

All  chimneys  shall  be  topped  out  at  least  three  feet  above 
the  top  of  the  roof  at  point  of  contact,  if  a  flat  roof,  and  at 
least  one  foot  above  the  ridge  of  a  pitched  roof. 

No  chimney  flue  shall  be  less  than  eight  inches  by  eight 
inches  when  used  as  a  smoke  flue;  provided  that  flues  for  use 

as  stoves  or  gas  grates  may  be  of  less  dimension  if  pipe 
or  tile  flue  linings  are  used. 

Timber  of  any  kind  shall  not  rest  on  chimney  walls,  but 
ii.  all  cases  framing  timber  shall  be  kept  at  least  one  inch  away 
from  the  outer  face  of  chimney  walls;  provided  that  corbelled 
brick  fire  stops  shall  be  used  between  chimney  and  joists,  as 
in  case  of  walls. 


;u5 

All  brick  smoke  "flues,  stacks  or  chimneys  hereafter 
erected,  except  for  dwelling"  houses,  having"  a  sectional  area 
greater  than  two  hundred  and  sixty  "square  inches,  but  less 
than  rive  hundred  square  inches,  shall  be  surrounded  with 
walls  not  less  than  eight  inches  in  thickness,  and  shall  com- 
ply in  all  respects  to  the  requirements  of  this  Code  relating  to 
flues  in  brick  walls. 

Brick  smoke  flues,  chimneys  or  stacks  having  a  sectional 
area  greater  than  five  hundred  square  inches  shall  have  hol- 
low walls  in  which  the  combined  thickness  of  the  inclosing 
walls  shall  be  at  least  twelve  inches  and  the  air  space  between 
the  inner  and  outer  walls  shall  not  be  less  than  two  inches. 

For  a  distance  of  two  feet  below  the  smoke  outlet,  and  at 
least  ten  feet  above  it,  such  flue,  chimney  or  stack  shall  be 
lined  with  fire  bricks  laid  in  fire  clay  mortar,  together  with  the 
opening  for  smoke  pipe. 

The  tops  of  all  smoke  flues,  chimneys  or  stacks  which 
may  hereafter  be  erected  exceeding  a  sectional  area  of  one 
hundred  and  seventy  square  inches,  except  for  dwelling  houses, 
shall  extend  to  a  height  of  not  less  than  twelve  feet  above  the 
roof  of  the  building. 

Where  there  are  other  buildings  within  a  radius  of  fifty 
ftet  any  smoke  flue  which  exceeds  five  hundred  square  inches 
in  area  shall  be  carried  to  a  height  sufficient  to  protect  such 
buildings  from  smoke  and  gases,  or  suitable  and  approved 
smoke  consuming  devices  may  be  used  to  serve  the  same  pur- 
poses. 

1860.  Sec.  76.  Metallic  Chimneys. — Smoke  stacks  or 
chimneys  built  of  iron  or  steel  shall  be  thoroughly  anchored 
or  guyed,  but  shall  no1  pass  through  the  floors  of  a  building 
unles  cted  by  fire-proof  walls  entirely  enclosing  the 
stack  or  chimney.  Where  smoke  stacks  or  chimneys  of  iron 
or  steel  pass  through  the  roofs  of  boiler  houses,  the  roofs  shall 
be  protected  with  a  metal  jacket . 

Metallic  chimne;  loke  pipi      hall  nol  be  used  inside 

of  any  building  in  such  manner  as  to  pass  through  the  floor 
or  roofs  f>\  the  same  unless  properly  protected. 

1861.  Sec.  77.  Metallic  Smoke  Flues. — Where  metallic 
smoke   pipes  of  a   dimension   of   twelve  indies  or   less   pass 


706 

through  a  wood  or  plastered  stud  partition  they  shall  be  sur- 
rounded either  by  a  body  of  brick,  hollow  tile  or  porous  terra 

i,  or  other  incomBustible  substance,  measuring  at  least 
inches  all  around  such  smoke  pipes.  Or  they  shall  be 
surrounded  by  a  sheet  metal  thimble  made  of  two  concentric 
rings  at  least  two  inches  apart,  and  the  entire  thimble  so  con- 
structed that  there  will  he  a  free  circulation  of  air  between  the 
two  rings  forming  the  same. 

Metallic  smoke  lines  of  less  diameter  than  twelve  inches, 
placed  horizontally,  shall  be  kept  at  least  twelve  inches  dis- 
tant from  any  woodwork,  and  immediately  over  and  for  a  dis- 
tance of  one  foot  on  each  side  of  such  smoke  pipe  the  wood- 

k  must  be  covered  with  sheet  metal,  porous  terra  cotta, 
hollow  tile  or  plaster. 

Metallic  smoke  pipes  of  greater  diameter  than  twelve 
inches,  and  less  area  than  six  square  feet,  must  be  kept  at 
least  sixteen  inches  away  from  any  woodwork,  and  such  wood- 
work must  be  protected  as  before  specified  for  the  smaller 
smoke  pipes  to  a  distance  of  three  feet  on  each  side  of  such 
smoke  pipe. 

Whenever  metallic  smoke  pipes  of  larger  area  than  six 
square  feet  are  used,  they  shall  be  kept  at  least  two  feet  dis- 
tant from  any  woodwork,  and  such  woodwork  for  a  distance 
of  at  least  four  feet  on  each  side  of  such  smoke  pipe  shall  be 
protected  as  before  specified  for  smaller  pipes. 

1882.  Sec.  78.  Isolated  Smoke  Stacks.— Isolated  smoke 
stacks  for  steam  boilers,  smelting  furnaces,  and  all  others  used 
for  similar  purposes,  shall  have  foundations  of  brick,  concrete 
or  stone,  all  above  the  foundation  shall  be  built  of  brick,  stone, 
terra  cotta,  iron  or  steel.  All  foundations  shall  start  from  solid 
ground,  and  if  not  on  solid  rock,  shall  not  be  less  than  five 
feet  deep  and  built  up  solid  to  at  least  one  foot  above  the 
ground,  of  either  Portland  cement,  concrete  brick,  or  dimen- 
sion stone.  All.  brick  or  stone  for  foundations  shall  be  laid 
in  cement  mortar;  one  part  of  cement  and  three  parts  of  sand. 
The  foundation  shall  be  six  inches  more  in  width  on  each 
side  for  every  foot  in  depth.  The  load  on  foundations,  except 
on  solid  rock,  shall  not  exceed  two  tons  per  square  foot.  All 
chimneys,  where  the  flues    are    heated    to    high  temperature. 


707 

shall  be  built  of  double  walls  of  suitable  thickness  for  the 
temperature,  with  an  air  space  between  the  walls.  These 
walls  must  be  bonded  together  by  means  of  wing  walls,  on 
each  side  to  the  height  of  the  breeching,  from  there  each  wall 
must  be  built  separate  and  not  tied  together.  The  inside  four 
(4)  inches  of  the  flue  shall  be  built  of  fire  brick  to  a  height 
of  fifteen  (15)  feet  above  the  breeching  and  to  commence  two 
feet  below  the  breeching  and  bonded  to  the  backing  every 
seventh   course. 

The  lower  part  or  base  of  the  chimney  may  be  built  plumb 
to  a  height  of  thirty  (30)  feet  and  from  there  the  upper  part 
shall  be  built  to  a  batter  of  at  least  three-tenths  to  the  foot. 
The  top  of  such  chimney  shall  be  capped  off  with  terra  cotta, 
stone  or  cast  iron. 

Every  chimney  shall  be  provided  with  a  cleaning  door, 
and  an  iron  ladder  either  on  the  inside  or  outside  of  the 
chimney  to  the  top  of  the  same.  All  bricks  used  to  be  best 
assorted  sewer  bricks,  laid  in  lime  or  cement  mortar.  All  fire 
brick  shall  be  laid  in  fire  clay.  All  openings  for  breeching 
over  three  feet  in  width  shall  be  arched  or  guarded  against 
crushing  by  the  introduction  of  steel  "I"  beams  laid  in  the 
wall  over  the  opening  in  such  a  manner  as  to  prevent  the  fire 
striking  them. 

Wrought  iron  or  steel  stacks  shall  have  iron  or  steel  base 
plates  resting  on  foundations  of  brick,  stone  or  concrete.     Iron 
rods  shall  be  built  into  the  Foundation  for  the  purpose  of  fast 
ening  the  stack,  which  shall  be  braced  al  hast   every  fifty  feet 
in  heigh]  from  three  sides  by  mean  el  wire  ropes  or  rods 

of  sufficient  strength. 

Rolled  iron  or  steel  used  in  building  such  a  stack  shall  be 
not  less   than   tin  eenths   <:;  L6)   of  an   inch   (hick.     All 

such  stacks  containing  twelve  thousand  square  inches  or  over 
in  area  shall  be  lined  with  fire  brick,  laid  in  fire  clay,  to  a 

lit  of  at   leasl   twenty  five  feel  above  breeching. 

The    top  li   chimni  moke  stacks  shall  extend 

to  a  heighl  of  nol  less  than  twelve  feel  above  any  roof  within 
a  radius  of  fifty  feel   thereof,  and  if  sha  >r  sawdust  is 

used  as  fuel,  shall  be  covered  on  top  with  a  heavy  wire  net 
ting. 


708 

1863.  Sec.  79.     Chimneys  of  Cupolas. —  Iron   cupola  chim- 
lundries  shall  extend  at  least  ten  Feet  above  the  high- 

of   any   roof  within   a   radius   of  fifty   feet  of  such 
la,  and  be  covered  on  top  with  a  heavy  wire  netting-.     Xo 
'work  shall  be  placed  within  a  radius  of  two  feet  of  the 
cupola. 

1864.  Sec.  80.  Hearths. — All  hearths  shall  be  supported  by 
trimmer  arches  of  brick,  stone,  iron  or  concrete,  or  be  of  single 

-•  -ix  inches  thick,  built  into  the  chimney  and  sup- 
ported by  iron  beams,  one  end  of  which  shall  be  securely  built 
the   masonry   of   the   chimney  or   an   adjoining   wall,   or 
which  shall  otherwise  rest  upon  incombustible  support. 

The  brick  jambs  of  every  fireplace  or  grate  opening  shall 
be  at  least  eight  inches  wide  each,  and  the  back  of  such  open- 
g  -hall  be  at  least  eight  inches  thick.  All  hearths  and  trim- 
mer arches  shall  be  at  least  twelve  inches  longer  on  each  side 
than  the  width  of  such  openings,  and  at  least  twenty  inches 
wide  in  front  of  the  chimney  breast.  Brick  work  over  fire- 
places and  grate  openings  shall  be  supported  by  iron  bars,  or 
brick  or  stone  arches. 

All  hearths  upon  which  brick-set  or  large  portable  ranges 
are  intended  to  be  set  shall  be  built  of  brick,  slate  or  cement, 
and  shall  extend  at  least  twelve  inches  beyond  the  face  of  the 
range. 

1865.  Sec.  81.  Tops  of  Furnaces. — Tops  of  furnaces  set  in 
brick  must  be  covered  with  brick,  slate  or  metal,  supported 
by  iron  bars,  and  so  constructed  as  to  be  perfectly  tight;  said 
covering  to  be  in  addition  to  and  at  least  six  inches  from  the 
ordinary  covering  to  hot  air  chambers.  The  tops  of  all  heat- 
ing furnaces  not  set  in  brick  shall  be  at  least  ten  inches  below 
the  joists  or  ceiling,  with  a  shield  of  metal  plate  made  tight 
and  suspended  below  the  said  joists  or  ceiling  at  least  three 
inches,  and  extended  beyond  the  furnace  at  least  one  foot  on 
all  sides. 

1866.  Sec.  82.  Boilers  Placed. — Xo  boiler  to  be  used  for 
steam  or  motive  power  shall  be  placed  on  any  floor  above  the 
cellar  floor  unless  the  same  is  set  on  non-combustible  beams 
and  arches,  or  an  incombustible  platform. 


709 

1867.  Sec.  8.3.  Hot  Air  Registers. — All  hot  air  registers 
set  in  the  floor  of  any  building"  shall  be  set  in  a  border  of  fire- 
proof material,  and  all  the  floor  or  register  boxes  to  be  made 
of  sheet  metal,  with  flange  on  top  to  fit  the  groove  in  the 
border,  the  register  to  rest  upon  the  same,  and  there  shall 
further  be  an  open  space  of  at  least  one  inch  on  all  sides  of 
the  register  box,  extending  from  the  under  side  of  the  ceiling 
to  the  border  of  the  floor,  the  outside  of  the  space  to  be  cov- 
ered with  a  casing  of  metal,  made  tight  on  all  sides,  and  to 
extend  from  the  under  side  of  the  aforesaid  ceiling  up  to  and 
turn  under  the  said  border. 

1868.  Sec.  84.  Hot-Air  Pipes.— Pipes  used  for  the  distri- 
bution of  hot  air  shall  be  of  metal  or  non-combustible  material, 
and  when  inclosed  in  wood  partitions  shall*  be  double,  with  an 
air  space  of  at  least  one-half  inch  between  the  inner  and  outer 
pipes ;  or  if  single  they  shall  be  covered  with  asbestos,  and  be 
kept  one-half  inch  away  from  all  woodwork ;  such  woodwork 
to  be  tin  clad,  and  the  plastering  inclosing  such  pipes  to  be  on 
metal  lathing.  If  wood  lath  is  used  there  shall  be  a  space  of 
not  less  than  one  inch,  and  between  the  pipes  and  lathing  there 
shall  be  placed  tin  shields.  Provided,  that  this  shall  not  apply 
tc  pipes  leading  from  heater  to  hot  air  flue. 

1869.  Sec.  85.  Steam  and  Hot-Water  Heating  Pipes.— 
Steam  and  hot-water  heating  pipes  shall  not  be  placed  within 
one  inch  of  any  timber  or  woodwork,  unless  the  timber  or 
woodwork  is  protected  by  a  metal  shield,  then  the  distance 
shall  nol  be  less  than  one  half  inch.     All  steam  or  hoi   water 

rig  pipes  passing  through  floors  and  ceilings,  or  huh  and 
plastered  partitions,  '-hall  he  protected  by  a  metal  tube  one 
halt"  inch  in  diameter  larger  than  the  pipe,  having  a  metal  can 
to  tin-  floor  and  ceiling,  and  where  tiny  run  in  a  horizontal 
direction  between  the  floor  and  ceiling,  a  metal  shield  -hall 

laced  on  the  under  side  of  the  Boor  over  them,  and  on  the 
sides  oi  wood  beams  running  parallel  with  said  pipe;  or  said 
horizontal  pipes  -.hall  he  covered  with  sectional  pipe  covering 
leasl  three  quarters  oi  an  inch  thick'. 

All  wood  boxes  or  casings  inclosing  -team  or  hoi   water 
heating  pipes,  and  all   wood  covers  t"  recesses  in   wall 


;  lo 

which  steam  or  hot  water  heating  pipes  are  placed,  shall  be 
lined  with  metal,  or  said  pipes  shall  be  covered  with  sectional 
pipe  covering  at  least  three-quarters  of  an  inch  thick. 

\11  pipes  or  ducts  used  to  convey  air  warmed  by  steam 
or   hoi    water  shall   be  of  metal  or  other  fire-proof   material. 
All  steam  and  hoi   water  pipe  coverings  shall  consist  of  fire- 
materials  only. 

1869a.  Sec.  86.  Stoves  and  Ranges. — Where  stoves  or 
ranges  are  set  upon  combustible  floors,  except  in  dwelling 
houses,  they  shall  be  so  set  as  to  leave  an  air  space  between 
them  ami  the  floor,  and  the  floor  shall  be  protected  by  sheet 
metal. 

No  stove,  range,  oven  or  heating  apparatus  shall  be  used 
hi  any  hotel,  theater,  hospital,  school,  hall  or  other  building 
which  is  occupied  by  more  than  fifty  persons  until  the  same 
shall  be  examined  and  approved  by  the  Commissioner  of  Pub- 
lic Works,  who  shall  issue  his  certificate  to  the  effect  that  said 
stove,  range,  oven  or  heating  apparatus  conforms  to  the  re- 
quirements of  this  Code.  All  brick-set  or  large  portable 
ranges  shall  be  set  on  hearths  of  brick,  slate  or  cement,  the 
said  hearths  to  extend  at  least  twelve  inches  beyond  the  face 
of  the  range. 

No  brick-set  portable  range,  or  heating  apparatus  of  any 
kind,  shall  be  set  against  a  wood  or  lath-and-plaster  partition. 

1870.  Sec.  87.  Ash  Boxes. — All  receptacles  for  ashes  shall 
be   noncombustible   material. 


PART  XIV. 

Gas,  Water  and  Steam  Pipes. 

1871.  Sec.  88.  Gas  and  Steam  Pipes. — Every  building,  other 
than  a  dwelling  house,  hereafter  erected,  and  all  factories, 
hotels,  churches,  theaters,  school  houses  and  other  buildings 
of  a  public  character  now  erected  in  which  gas  or  steam  is 
used  for  lighting  or  heating  shall  have  the  supply  pipes  lead- 
ing from  the  street  mains  provided  with  a  stopcock  placed 
in  the  sidewalk  at  or  near  the  curb,  and  so  arranged  as  to 
allow  of  shutting  off  at  that  point. 


711 

Xo  gas,  water  or  other  pipes  which  may  be  introduced 
into  any  building  shall  be  let  into  the  joists  or  beams  unless 
the  same  be  placed  within  thirty-six  inches  of  the  end  of  the 
beams,  and  in  no  building  shall  the  ends  of  said  pipes  be  let 
into  the  joists  or  beams  more  than  two  inches  in  depth. 

1872.  Sec.  89.  Gas  Brackets  and  Lights. — Xo  gas  bracket 
on  any  lath  and  plaster  partition  or  woodwork  shall  be  less 
than  five  inches  in  length,  measured  from  the  burner  to  the 
plaster  surface  of  the  woodwork.  Gas  lights  placed  near  win- 
dow curtains  shall  be  properly  protected  by  a  proper  shield. 


PART  XV. 
Miscellaneous. 

1873.  Sec.  90.  Grain  Elevators. — Nothing  in  this  Code 
shall  be  so  construed  as  to  apply  to  or  prevent  the  erection  of 
what  are  known  as  grain  elevators,  as  usually  constructed ; 
provided,  that  elevators  whose  exterior  walls  are  constructed 
of  wood  shall  not  be  built  within  the  fire  limits. 

1874.  Sec.  91.  Temporary  Buildings. — Temporary  struc- 
tures shall  be  taken  to  mean  and  include  platforms,  stands, 
election  booths,  temporary  buildings  for  fair  exhibition  and 
convention  hall  purposes. 

1875.  Sec.  92.  Convention  Halls,  Etc. — Temporary  build- 
ings or  structures  for  fair  exhibition  or  convention  hall  pur- 
poses may  be  erected  of  frame  construction  in  fire  limits,  pro- 
viding the  details  of  the  construction  conform  to  tin-  condi- 
tions laid  down  in  this  Code  and  providing  said  Structures 
shall  be  removed  within  six  months  from  the  date  permit  is 
issued,  or  sooner,  upon  the  order  of  the  Common  Council. 

1876.  Sec.  93.  Temporary  Buildings  for  use  of  Builders. — 
Temporary  one-story  frame  buildings  may  be  erected  for  the 
use  of  builders  within  the  limits  of  lots  whereon  buildings  are 
in  course  of  erection,  or  on  adjoining  vacanl  lots  upon  permits 

by  the  Commissi*  mer  i  >f  I  'ublic  W*<  u  I 

1877.  Sec.  94.     Smoke  Houses. — Smoke  ho 
fire-proof  construction. 


712 

1878.  Sec.  95.  Drying  Rooms. — All  walls,  ceilings  and 
partitions  inclosing  drying  rooms,  when  not  made  of  fire-proof 

rial,  shall  be  wire-lathed  and  plastered,  or  covered  with 
metal,  tile  or  other  hard  incombustible  material. 

1879.  Sec.  96.  Bake  Ovens. —  Bake  ovens  are  to  rest  on 
solid  foundations  or  metal  beams  and  columns,  the  sides  and 
ends  shall  be  at  least  two  feet  from  any  woodwork,  and  the 
crown  of  arch  at  least  four  feet  from  ceilings  that  have  wood 

The  hearth  in  front  of  bake  oven  shall  extend  at  least 
three  and  one-half  feet  beyond  the  face  of  said  oven. 

1880.  Sec.  97.  Signs,  Bay,  Oriel  and  Show  Windows.— 
(A)  Bay,  oriel  and  show  windows,  signs  and  other  obstruc- 
tions, except  as  hereinafter  provided,  shall  not  project  beyond 
the  property  line  of  any  building,  wall  or  fence. 

Xo  sign,  or  part  of  a  sign,  except  as  hereinafter  provided, 
shall  project  more  than  one  foot  beyond  the  property  line, 
and  no  sign,  or  part  of  a  sign,  projecting  more  than  one  foot 

ind  the  property  line  shall  be  less  than  ten  feet  above  the 
sidewalk  or  curb  line.  In  no  case  shall  any  sign  project  be- 
yond the  sidewalk  line. 

Projecting  signs  shall  be  taken  to  mean  all  signs  any  part 
of  which  projects  more  than  one  foot  beyond  the  property 
line. 

Roof  signs  shall  be  taken  to  mean  all  signs  erected  or 
placed  upon  the  top  of  any  building,  wall  or  fence. 

1881.  (B)  No  person,  firm  or  corporation  shall  hereafter 
carry  on  the  business  of  sign  hanging,  or  engage  in  the  erec- 
tion or  placing  of  signs  upon  any  building  or  other  structure 
within  the  City  of  St.  Paul  without  first  having  obtained  a 
license  so  to  do  from  the  Commissioner  of  Public  Works. 

Every  person,  firm  or  corporation  making  application  for 
a  license  to  carry  on  the  business  of  sign  hanging  shall  accom- 
pany such  application  with  a  bond,  with  two  or  more  sureties, 
or  some  surety  company  satisfactory  in  form  to  the  Corpora- 
tion Attorney,  and  approved  by  the  Mayor  of  the  City  of  St. 
Paul,  in  the  sum  of  $5,000,  conditioned  that  said  applicant  will 
indemnify  and  save  harmless  the  City  of  St.  Paul  from  any 
and  all  charges,  costs,  expenses,  judgments  or  damages  caused 


713 

by  reason  of  any  negligence  upon  the  part  of  said  applicant 
or  any  servant  or  employe  thereof,  or  by  the  use  of  any  insuf- 
ficient or  insecure  support  or  attachment,  or  improper,  unsuit- 
able or  unskilled  workmanship  in  the  erection  or  placing  of 
any  sign,  or  any  part  of  any  sign,  that  may  be  erected  or  in- 
stalled by  said  applicant.  Upon  the  filing  with  the  Commis- 
sioner of  Public  Works  the  bond  as  above  provided,  with  an 
agreement  to  obey  all  provisions  of  the  Charter  of  the  City  of 
St.  Paul,  and  all  ordinances  thereof,  and  the  rules  and  regula- 
tions of  the  Commissioner  of  Public  Works,  with  respect  to 
sign  hanging,  it  shall  then  be  the  duty  of  said  Commissioner 
of  Public  Works  to  issue  a  license  to  said  applicant  to  carry 
on  the  business  of  sign  hanging. 

No  license  as  above  provided  shall  be  granted  for  a  longer 
period  than  one  year. 

The  Commissioner  of  Public  Works  shall  have  power  and 
authority,  whenever  in  his  opinion  any  licensed  sign  hanger 
has  violated  any  of  the  provisions  of  the  charter  or  ordinances 
of  the  City  of  St.  Paul,  or  the  rules  and  regulations  of  said 
Commissioner  of  Public  Works,  to  suspend  or  revoke  such 
sign  hanger's  license,  and  no  other  license  shall  be  granted  to 
said  sign  hanger  within  one  year  after  his  license  has  been  so 
revoked. 

Tt  shall  hereafter  be  unlawful  for  any  person,  firm  or  cor- 
poration except  a  licensed  sign  hanger  to  erect  or  place  any 
sign  exceeding  two  square  Feel  in  superficial  area  or  ten 
pounds  in  weight  upon  the  outside  or  top  of  any  building  or 
other  structure  within  the  City  of  St.  Paul. 

1882.  97c.     No  person,  firm  or  corporation  shall  I 

after  erect,  place  or  maintain  a  projecting  or  roof  sign  within 
the  City  of  St.  Paul  without  having  firsl  obtained  a  permi 
to  do  from  the  Commissioner  of  Public  Worl 

An  application  for  a  permil  to  ereel  and  maintain  a  pro 
jecting  or  roof  sign  shall  be  made  upon  a  form  provided  1>\  the 
Commissioner  of  Public  Works,  and  shall    tate,  among  other 
things,  the  location  and  owner  of  the  building  or  other  strut 
ture  upon  which  said  proposed  sign  is  to  Be  erected  or  placed. 
the  distance  said  proposed  sign  is  to  extend  beyond  the  prop 
ert\  line,  or  above  the  top  of  said  building  or  other  structure, 


:  i  i 

the  dimensions  of  said  proposed  sign,  and  the  distance  from 
the  lowesl  pari  of  said  proposed  sign  to  the  sidewalk  or  curb 
line,  and  if  any  material  statement  in  said  application  is  false 
or  misleading,  any  permit  granted  in  accordance  therewith  or 
pursuant  thereto  shall  be  null  and  void.  Said  application  shall 
signed  by  the  owner  of  said  proposed  sign,  and  shall  be 

npanied  by  a  bond  in  the  sum  of  $5,000,  with  two  or  more 
sureties,  or  some  surety  company,  satisfactory  in  form  to  the 
Corporation  Attorney,  and  approved  by  the  Mayor  of  the  City 
of  St.  Paul,  conditioned  that  said  applicant  will  indemnify  and 
save  harmless  the  City  of  St.  Paul  from  any  and  all  charges, 
costs,  expenses,  judgments  or  damage  caused  by  reason  of  the 
erection  and  maintenance  of  said  sign ;  provided,  however,  that 
any  person,  firm  or  corporation  may  furnish  a  bond  as  above 
provided  covering  all  signs  erected  and  maintained  by  said 
person,  firm  or  corporation  in  a  sum  equal  to  $5,000  for  the 
first  sign  and  $1,000  for  each  additional  sign  so  erected  and 
maintained,  but  in  no  case  shall  a  bond  of  more  than  $20,000 
be  required. 

Upon  the  filing  with  the  Commissioner  of  Public  Works 
the  bond  as  above  provided,  said  Commissioner  of  Public 
Works  shall  issue  to  said  applicant  forthwith  a  permit  in  ac- 
cordance with  the  application  above  provided  for. 

Xo  such  permit  shall  be  granted  for  a  longer  period  than 
one  year,  but  upon  its  expiration  may  be  renewed  upon  the 
same  terms  as  above  recited,  under  which  it  was  first  granted, 
unless  the  Common  Council  should  otherwise  ordain. 

The  Commissioner  of  Public  Works  may  from  time  to 
time  adopt  such  rules  and  regulations  governing  the  erection 
and  maintenance  of  signs  as  he  may  deem  necessary. 

-  amended  by  Ord.  2375,  approved  May  13,  1903.) 

1883.  CD)  All  existing  signs  shall  be  made  to  comply 
with  the  provisions  of  this  ordinance  and  the  rules  and  regu- 
lations of  the  Commissioner  of  Public  Works,  and  permits  as 
herein  provided  shall  be  obtained  for  all  projecting  and  roof 
signs  within  thirty  days  after  the  passage  of  this  ordinance, 
and  all  signs  in  violation  of  the  provisions  of  this  ordinance, 
or  the  rules  and  regulations  of  the  Commissioner  of  Public 
Works,  after  the   expiration   of  said   thirty   days   are   hereby 


715 

declared  to  be  a  public  nuisance,  and  shall  be  removed  by  the 
Commissioner  of  Public  Works. 

1884.  i  E)  Any  person,  firm  or  corporation  maintaining"  a 
sign  in  violation  of  any  of  the  provisions  of  this  ordinance,  or 
of  the  rules  and  regulations  of  the  Commissioner  of  Public 
Works,  shall  be  guilty  of  a  misdemeanor,  and  shall,  upon  con- 
viction, be  punished  by  a  fine  not  to  exceed  one  hundred  dol- 
lars, or,  upon  default  in  the  payment  of  such  fine,  by  impris- 
onment not  to  exceed  ninety  days  in  the  workhouse  of  the 
City  of  St.  Paul,  aritl  each  and  every  day  such  sign  is  main- 
tained in  violation  of  law  shall  constitute  a  separate  offense, 
except  as  herein  provided. 

(As  amended  by  Ord.  2354,  sent  to  Mayor  Feb.  20,  1903 ;  not 
signed,  but  became  effective  through  charter.) 

1885.  Sec.  98.  Signs  and  Awnings. — No  wooden  sign  shall 
be  more  than  two  feet  wide. 

Where  awnings  are  attached  to  buildings  the  frame  work 
shall  be  of  metal. 

No  awning  shall  be  supported  on  permanent  iron  or 
other  supports  extending  to  and  resting  in  the  sidewalk  in 
front  of  any  building,  but  said  awnings  shall  be  supported  on 
iron  or  steel  frame  work  secured  to  the  building,  and  no  part 
of  the  same  shall  be  nearer  the  sidewalk  line  than  eight  feet. 

1886.  Sec.  99.  Balconies,  Etc. —  Balconies  may  be  placed 
on  buildings  projecting. beyond  the  lot  line  over  the  sidewalk, 
but  in  no  case  shall  said  balconies  project  more  than  four  feet 
beyond  the  line  of  the  street,  nor  be  used  below  the  third  floor 
level;  provided,  that  inside  the  fire  limits  said  balconies  shall 
be  built  of  incombustible  material,  and  provided  that  in  all 
case-  said  balconies  shall  have  supports  of  incombustible 
material. 

No  open   areas,   cellar  doors,   porches,   steps   or  other   ob 
Blructions  in  street  sidewalks  arc  permitted. 

Dormer  windows,  cornices,  mouldings,  towers,  spires  or 
ventilators,  when  used  inside  the  fire  limits  on  any  building, 
shall  be  of  incombustible  material,  or  wood  enveloped  with 
metal  or  other  incombustible  material. 


;  16 

L88?  Sec.  99a.     No  building    of    any  kind,    nature  or  cle- 

scription  whatsoever  shall  be  constructed  nearer  than  thirty 
to  the  inside  sidewalk  line  of  any  lot  fronting-  on  that  cer- 
tain vard  and  parkway  known  as  Summit  avenue, 
in  the  City  of  Si.  Paul,  between  Selby  avenue  and  Cleveland 
avenue;  provided,  however,  that  this  shall  apply  only  to  the 
line  oi  the  main  building  to  be  erected,  and  not  to  projections 
in  the  nature  of  balconies  or  bay  windows,  but  such  projec- 
tions, however,  shall  not  be  nearer  than  twenty-five  feet  to  the 
inside  sidewalk  line. 

As  amended  by  Ord.  2323,  approved  Oct.  23,  1902.) 

1888.  Sec.  100.  Rain  Water  Leaders.— All  buildings  shall 
be  kept  provided  with  proper  metallic  leaders  for  conducting 
water  from  the  roofs  in  such  manner  as  shall  protect  the  walls 
and  foundations  of  said  building  from  injury,  and  shall  be  con- 
nected with  the  street  sewer  if  there  is  one  on  the  street.  The 
said  leaders  must  be  placed  so  that  no  water  is  allowed  to  flow 
upon  the  sidewalk. 

1889.  Sec.  100a.  Iron  and  steel  columns  and  girders  used 
to  support  any  wall,  except  a  wall  fronting  on  a  street,  shall 
be  protected  as  required  in  fire-proof  buildings. 

-  amended  by  Ord.  2375,  approved  May  13,  1903.) 


PART  XVI. 

Stables. 

1890.         Sec.   101.     Private  Stables. — Private  stables  may  be 
built  upon  the  rear  of  any  lot,  but  the  same  shall  be  at  least  six- 
•  Eeet  from  any  street  line,  and  shall  be  at  least  twenty  feet 
irom  any  other  building  used  for  residence  purposes,  unless  the 
owner  of  such  residence  building  shall  give  his  written  con- 
to  the  same  being  otherwise  constructed,  and  no  building 
already  or   hereafter   constructed   within   twenty  feet  of  any 
nee   building,  or  any  building  which   may  hereafter  be 
removed  to  a  new  location  within  such  distance  of  a  residence 
building,  shall  be  converted  to  use  as  a  private  stable  without 
like  consent  of  the  owner  of  such  residence  building. 

amended  by  Ord.  2418,  approved  Jan.  11,  1904.) 


I  1  . 

1891.  Sec.  102.  Livery,  Sale  and  Boarding  Stables  and 
Ice  Houses. — No  livery,  sale  or  boarding  stable,  or  ice  house, 
shall  be  erected,  located  or  constructed  in  any  block  laid  oft"  in 
lots,  it  the  lots  fronting  on  the  same  street  as  the  lot  or  lots 
en  which  said  stable  is  to  be  located  are  occupied  by  resi- 
dences, or  intended  for  residence  purposes,  and  are  equal  to 
or  exceed  one-half  of  the  entire  frontage  of  said  block  on  said 
street,  unless  consent  is  obtained  from  two-thirds  of  the  prop- 
erty owners  within  a  distance  of  one  hundred  feet  on  the  sides, 
rear  and  front  of  the  lot  on  which  said  stable  building"  or  ice 
house  is  to  be  located. 

In  no  case  shall  a  livery,  sale  or  boarding  stable,  or  ice 
house  be  located,  erected  or  constructed  within  forty  feet  of 
any  adjoining  lot,  unless  the  owner  of  the  said  adjoining  lot 
has  consented  thereto  in  writing. 

And  no  building  already  wholly  or  partially  constructed, 
in  such  location  as  to  bring  it  within  the  foregoing  provisions 
of  this  section,  shall  hereafter  be  converted  to  use  as  a  livery, 
sale  or  boarding  stable,  or  ice  house,  without  like  consent  of 
the  owner  or  owners  of  property  in  the  vicinity,  as  hereinbe- 
fore required;  nor  shall  any  building  already  or  hereafter  con- 
structed be  removed  and  devoted  to  any  of  the  aforesaid  uses 
without  like  consent  of  property  owners  when  such  new  loca- 
tion  is  within  the  application  of  this  section. 

|  As  amended  by  Ord.  2118,  approved  Jan.  11,  1904.) 

1892.  Sec.  103.  Permits  for  Erection  of  Stables,  Etc.— No 
permit  shall  be  issued  for  the  erection  of  any  livery,  sale  or 
boarding  stable,  or  ice  house,  intended  to  be  used  as  such, 
located  at  a  place  where  the  conducting  of  such  business  would 
be  unlawful  under  the  terms  of  tin's  Code. 

1893.  Sec.  104.     Exits  from  Stables.— Every  livery  stable, 

aide   in   which   animals  arc  kept    in  Stalls  for  sale  or  while 

boarding,  shall  have  an  exil  al  each  end  thereof,  and  of  not 
than  >ix  feel  in  width,  and  wherever  necessary  there  shall 

be  runways  or  inclines  so  arranged  as  to  be  of  use  in  taking 

animaK.  from  the  building,  and  which  shall  nol  be  less  than  six- 
in  width,  and  no  exil  shall  be  blockaded  b)    wagons  or 

other  vehicles. 


5  is 

\\  hen  animals  are  kept  in  Basement  or  on  second  story, 

s,  doors  or  inclines  must  be  provided. 
Such  basements  shall  be  well  lighted  and  ventilated  and 
m  rlv  drained,  and.  where  possible,  connected  with  sewer. 

1894.  Sec.  105.     Buildings  Moved  Outside  of  Fire  Limits. 
\n\   building  may  be  removed  from  one  lot  to  another  out- 
side the  fire  limits,  but  any  new  work  must  be  in  compliance 
with  this  Code. 

1895.  Sec.  106.  Buildings  Moved  by  Licensed  House  Mov- 
ers.— Xo  person  except  a  licensed  house  mover  shall  remove 
any  building  within  the  city  limits,  and  every  such  person 
shall  annually,  before  engaging  in  said  occupation,  obtain  a 
license  from  the  Mayor,  and  no  such  license  shall  be  granted 
until  the  party  applying  therefor  shall  have  given  a  bond  in 
the  sum  of  one  thousand  dollars,  with  good  and  sufficient  sure- 

10  be  approved  by  the  Corporation  Attorney,  conditioned, 
among  other  things,  that  said  party  will  pay  any  and  all  dam- 
ages which  may  happen  to  any  tree,  pavement,  street,  side- 
walk, or  any  telegraph  pole,  or  wire,  belonging  to  the  City  of 
St.  Paul,  whether  said  damages  or  injury  shall  be  inflicted  by 
said  party  or  his  agents,  employes  or  workmen ;  and  condi- 
tioned, also,  that  said  party  will  indemnify  and  save  harmless 
the  City  of  St.  Paul  against  all  liabilities,  damages,  costs  and 
expenses  which  may  in  any  wise  accrue  against  the  City  of 
St  Paul  in  consequence  of  the  granting  of  such  permit  or 
license,  and  conditioned  that  he  will  in  all  things  strictly  com- 
ply with  the  terms  of  his  permit. 

1896.  Sec.  107.  License. — Upon  execution  of  said  bond, 
and  its  approval  by  the  Corporation  Attorney,  a  license  shall 
be  issued,  and  the  said  licensed  person  shall  in  each  and  every 
instance,  before  removing  any  building,  obtain  a  permit  to  do 

rrom  the  Commissioner  of  Public  Works,  stating  spe- 
cifically all  the  conditions,  prescribing  the  route  to  be  taken, 
and  limiting  the  time  for  the  removal. 


719 

PART  XVII. 
Fences  and  Billboards. 

1897.  Sec.  108.  Fences. — Xo  person,  firm  or  corporation 
shall  hereafter  construct  or  erect,  or  cause  to  be  constructed 
or  erected,  in  the  City  of  St.  Paul,  in  front  of  or  along  the 
line  of  any  lot,  piece  or  parcel  of  land,  or  to  be  used  as  a  divi- 
sion fence  between  adjoining  property,  or  adjoining  any  or 
either  of  the  streets,  avenues  or  other  public  property  of  the 
City  of  St.  Paul,  any  tight  board,  iron  or  picket  fence  exceed- 
ing six  (6)  feet  in  height,  above  the  sidewalk  or  the  surface 
of  any  lot  or  parcel  of  ground. 

(As  amended  by  Ord.  2458,  approved  July  29,  1904.) 

1898.  Sec.  109.  Billboards. — Xo  person,  firm  or  corpora- 
tion shall  hereafter  construct  or  erect,  within  the  limits  of  said 
City  of  St.  Paul,  in  front  or  along,  or  within  ten  feet  of  the 
line  of  any  lot,  piece  or  parcel  of  land,  and  adjoining  any  or 
either  of  the  streets,  avenues  or  other  public  property  of  the 
said  city,  any  billboard  or  other  structure  for  posting  or  ex- 
hibiting advertisements  of  any  kind,  or  shall  hereafter  keep  or 
maintain  any  such  billboard  or  other  structure  now  so  built 
or  constructed,  without  first  having  obtained  from  the  Com- 
missioner of  Public  Works  a  permit  to  construct  or  erect  such 
billboard  or  other  structure  aforesaid. 

No  billboard  shall  be  over  ten  feet  high  above  grade  of 
lot.  when  placed  ten  feet  or  more  back  from  the  lot  line,  nor 
more  than  twelve  feet  high  above  street  grade  when  placed 
nearer  than  ten  feel  Ir*  im  the  li  >\  line. 

1899.  Sec.  110.  Bond. — At  the  time  said  permil  is  secured 
said  part)  or  parties  shall  deposil  with  the  Commissioner  of 
Public  Work-  a  bond  duly  executed  with  sufficienl  sureties, 
conditioned  i"  save  said  city  harmless  from  all  damages  or 
injury  that  -aid  city  may  incur  by  reason  of  said  billboard  or 
boai 

Each  bond  shall  he  approved  by  the  Corporation   Attor 
ncy,  and  shall  he  in  the  sum  <>f  two  thousand  dollars  for 
ami  every  billboard  erected  or  maintained  under  the  provi 

of   this   Code. 


720 

Provided,  however,  that  any  person  or  persons  may  exe- 
tc  the  City  of  St.  Paul  a  bond  in  the  sum  of  twenty-five 
-,m>!   dollars,  which   shall  cover  all   billboards  erected  or 
maintained  by  said  person  or  persons. 


PART  XVIII. 
Stairs  and  Entrances. 

1900.  Sec.  111.  Stairs. — Tn  all  buildings  erected  or  altered 
for  use  as  a  store,  factory,  hotel  or  lodging  house,  covering  a 
lot  area  exceeding  five  thousand  square  feet,  and  not  exceed- 

-  vcn  thousand  five  hundred  square  feet,  there  shall  be  pro- 
vided at  least  two  continuous  lines  of  stairs,  remote  from  each 
-other,  and  every  such  building  shall  have  at  least  one  continu- 
ous line  of  stairs  for  each  five  thousand  square  feet  of  lot  area 
covered,  or  part  thereof,  in  excess  of  that  required  for  seven 
thousand  five  hundred  square  feet  of  lot  area.  When  any 
such  building  covers  an  area  of  lot  greater  than  fifteen  thou- 
sand square  feet,  the  number  of  stairs  shall  be  increased  pro- 
portionately. 

All  stairway  exits  in  hotels  and  lodging  houses  contain- 
ing accommodations  for  thirty  or  more  guests  must  be  dis- 
tinctly located  by  proper  signs  and  by  a  red  light  at  night. 
(As  amended  by  Ord.  2446,  approved  May  19,  1904.) 

1901.  Sec.  112.  Engineer's  Stationary  Ladders. — Every 
building  in  which  boilers  or  machinery  are  placed  in  the 
cellar  or  lowest  story  shall  have  stationary  ladders  or  stairs 
from  such  story  leading  direct  to  manhole  above,  on  the  side- 
walk or  other  outside  exit. 

1902.  Sec.    113.     Entrance    to    Basement. — Whenever    the 
ment  or  cellar  of  a  building  is  used  for  a  salesroom  or 

for  manufacturing  purposes,  it  shall  have  a  staircase  at  least 
three  feet  wide  leading  direct  to  street  or  outside  for  every 
five  thousand  square  feet  of  lot  area,  or  part  thereof,  covered 
by  the  same,  and  shall  have  at  least  one  continuous  line  of 
stairs  for  each  five  thousand  square  feet  of  lot  area,  or  part 
thereof,  covered  in  excess  of  that  required  for  five  thousand 
square  feet  of  area. 


721 

1903.  Sec.     114.     Stairs     in    Apartment     Houses. — Every 

apartment  house,  tenement  house  and  dwelling"  over  two 
stories  in  height  shall  be  provided  with  at  least  two  distinct 
and  separate  stair  cases. 

1904.  Sec.  115.  School  Buildings  Stairs. — School  build- 
ings, if  more  than  one  story  in  height,  and  having  more  than 
three  rooms  above  the  first  story,  shall  have  at  least  two  sepa- 
rate and  distinct  stairways,  as  far  remote  from  each  other  as 
practicable. 

PART  XIX. 

Skylights  and  Floor  Lights. 

1905.  Sec.  116.  Skylights.— All  skylights  having  a  super- 
ficial area  of  more  than  nine  square  feet  shall  have,  immedi- 
ately underneath  or  above  the  glass,  a  wire  netting,  to  be  made 
of  wire  not  smaller  than  Xo.  8,  and  to  be  netted  to  not  more 
than  one  and  one-half  inch  mesh,  unless  the  glass  contains  a 
wire  netting  within  itself. 

1906.  Sec.  117.  Floor  Lights. — Floor  lights  used  for  trans- 
mission of  light  to  floors  below,  shall  be  constructed  cither  of 
metal  frames  and  bars  or  plate;  and  if  any  glass  in  the  same 
measures  more  than  sixteen  square  inches,  the  said  glass  shall 
be  provided  with  a  mesh  of  wire,  cither  in  the  glass  or  under 
the  same,  and  the  floor  lights  shall  be  of  the  same  proportional 
strength  as  the  floors  in  which  they  arc  placed,  or  else  a  rail- 
ing four  feet  high  shall  be  built  around  the  same. 

1907.  Sec.  118.  Scuttles. — All  buildings  over  two  stories 
in  height  shall  have  scuttles  in  roof,  covered  with  incombusti- 
ble material,  and  ladders  or  stairs  leading  thereto  from  the 
floor  below.  No  scuttle  shall  be  less  in  size  than  twenty 
inches  by  thirty  inch 

The  lid  to  any  scuttle  shall  not  be  locked  in  any  wa\ 
Cepl   with  an  ordinary  bolt  or  hooks,  which  can  he  withdrawn 
without  the  use  of  a  key. 

1908.  Sec.    119.     Photographer's    Skylights. —  Photograph- 
skylights   may   be  constructed   without   win-   nettin 

metal   and    plate   gla  ed. 


722 

1909.  Sec.  120.  Green  Houses. — May  be  constructed  in 
the  usual  way,  provided,  that  if  they  are  located  in  fire  limits 
they  shall  have  metal  frames  and  bars,  and  wire  netting  shall 

be  required. 

PART  XX. 

Fire  Escapes. 

1910.  Sec.  121.  Fire  Escapes. — Every  building-  (except 
private  dwellings)  three  stories  or  more  in  height,  if  not  of 
tire-proof  construction,  shall  be  provided  with  stair  fire-escapes 
in  the  following"  ratio:  All  buildings  of  the  warehouse  or 
factory  class  shall  have  at  least  one  fire  escape,  and  shall  be 
provided  with  one  additional  fire-escape  for  every  one  hun- 
dred persons  employed  above  the  first  floor.  Every  public  hall 
located  above  the  second  story  shall  have  one  fire-escape  for 
every  two  thousand  superficial  feet  of  area,  or  fraction  thereof, 
contained  in  said  hall.  Every  hotel,  lodging  house,  flat  build- 
ing and  tenement  house  containing  one  or  more  families  fn 
each  story,  and  being  three  stories  or  more  in  height,  shall 
have  provided  fire-escapes. 

Said  fire-escapes  must  be  so  arranged  as  to  be  accessible 
from  hallways,  and  must  be  indicated  by  proper  signs,  and  by 
a  red  light  at  night. 

(As  amended  by  Ord.  2446,  approved  May  19,  1904.) 

Provided,  however,  that  if  such  apartment  house,  tene- 
ment house  or  hotel  has  two  distinct  stairways,  one  of  them 
entering  from  the  street  and  the  other  from  the  extreme  oppo- 
site side  or  rear  of  the  building,  or  on  the  outside  in  the  rear, 
the  same  will  not  require  a  fire-escape,  unless  they  are  four 
stories  or  more  in  height,  in  which  case  they  shall  be  provided 
with  fire-escapes  as  heretofore  described. 

All  fire-escapes  must  be  kept  in  good  repair  at  all  times, 
and  free  from  snow  and  ice,  obstructions  or  incumbrances  of 
any  kind  whatsoever. 

1911.  Sec.  122.  Platform  and  Stairs.— Platform  and  stairs 
of  fire-escapes  shall  be  constructed  of  iron  or  steel  of  per- 
forated pattern.  In  no  case,  shall  less  than  four  slats  be  used 
to  a  tread. 


•    723 

Stairways  must  be  designed,  constructed  and  erected  to 
safely  sustain  in  all  their  parts  a  safe  load  of  one  hundred 
pounds   per   square   foot. 

Treads  shall  not  be  less  than  six  inches  wide,  and  the  rise 
not  more  than  ten  inches.  The  stairs  in  all  cases  must  not  be 
less  than  twenty-four  inches  wide. 

The  platform  shall  consist  of  iron  balconies  not  less  than 
two  feet  in  width  from  the  face  of  the  wall,  and  four  feet  in 
length,  connected  with  iron  stairways  and  provided  with  drop 
ladder  from  the  lowest  balcony,  where  the  distance  from  the 
ground  shall  not  exceed  eight  feet.  Stairways  to  extend  from  > 
balcony  to  balcon)^  and  a  ladder  shall  extend  from  the  highest 
balcony  to  the  roof,  where  it  shall  be  securely  fastened. 

1912.  Sec.  123.  Railings. — The  railings  of  the  balconies 
and  stairs  must  be  properly  secured  to  the  walls,  balconies  and 
stairs  with  bolts,  nuts  and  washers,  and  shall  consist  of  at 
least  two  rails.  The  outside  top  railing  to  extend  around  the 
entire  length  of  the  platform  and  through  the  wall  at  each 
end,  and  shall  be  properly  secured  by  nuts  and  washers,  or 
otherwise  equally  well  braced  and  bolted.  The  top  rail  of 
the  balcony  must  not  be  less  than  one  and  one-half  inch  pipe 
iron,  or  material  equally  as  strong.  The  bottom  rail  must  not 
be  less  than  one-inch  pipe  iron,  or  material  equally  as  strong, 
bolted  through  the  wall. 

1913.  Sec.  124.  Brackets. —  Brackets  supporting  the  lire- 
escapes  must  go  clear  through  the  wall,  and  be  bolted  On  the 
inside.  Brackets  shall  be  furnished  with  washers,  bolts  and 
nuts  complete. 

1914.  Sec.  125.     Stand  Pipes. — Stand  pipes,  with  hose  con- 
ions,  must  go  to  the  top  of  the  roof,  and  1"'  provided  on 

all  buildings  five  stories  or  more  in  height. 

PART  XXI. 
Fire-Proof  Buildings. 

1915.  Sec.  126.  Fire-Proof  Buildings.—  Every  building 
hereafter  erected  or  altered,  to  be  u  ed  a  a  theater,  jail, 
police  station,  public  hospital,  public  asylum  or  institution  of 
any  kind  for  the  care  or  treatmenl  of  p<  r  oni  .  and  every  other 


iyo  i 

building  over  six  stories  in  height,  except  as  herein  provided, 
shall  be  built  fire-proof,  that  is  to  say,  they  shall  be  constructed 
with  walls  of  brick,  stone.  Portland  cement,  concrete,  iron  or 
in  which  wood  lintels  shall  not  be  placed,  and  in  which 
the  floors  and  roofs  shall  be  of  materials  provided  for  in  sec- 
if  this  Code. 

1916.  Sec.  127.  Material  in  Stairs. — The  stairs  and  stair- 
way landings  shall  be  built  entirely  of  brick,  stone,  Portland 
cement,  concrete,  iron  or  steel. 

1917.  Sec.  128.  Partitions,  Etc. — No  constructive  wood- 
work or  other  inflammable  materials  shall  be  used  in  any  of 
the  partitions,  excepting,  however,  when  the  height  of  the 
building  does  not  exceed  twelve  stories,  nor  more  than  one 
hundred  and  fifty  feet,  the  doors  and  windows,  and  their 
frames,  the  trims,  the  casings,  the  interior  finish  when  filled 
solid  at  the  back  with  fire  proof  material,  and  the  floor  boards 
and  sleepers  directly  thereunder,  may  be  of  wood ;  but  the 
space  between  the  sleepers  shall  be  solidly  filled  with  fire- 
proof materials,  and  extend  up  to  the  under  side  of  the  floor 
boards. 

When  the  height  of  a  fire-proof  building  exceeds  twelve 
stories  or  more  than  one  hundred  and  fifty  feet  the  floor  sur- 
faces shall  be  of  stone,  cement,  rock,  asphalt,  tiling  or  other 
similar  incombustible  material;  or  the  sleepers  and  floors  may 
be  of  wood  treated  by  some  process,  approved  by  the  Commis- 
sioner of  Public  Works,  to  render  the  same  fire-proof.  All 
hall  partitions,  or  permanent  partitions  between  rooms,  in  fire- 
proof buildings  shall  be  built  of  fire-proof  material,  and  shall 
not  be  started  on  wood  sills,  nor  on  wood  floor  boards,  but 
shall  be  built  upon  the  fire-proof  construction  of  the  floor,  and 
to  extend  to  the  fire-proof  beam  filling  above. 

1918.  Sec.  129.  Fire  Proof  Floors.— When  the  fire-proof 
floor  shall  be  constructed  with  wrought  iron  or  steel  floor 
beams  or  girders  so  arranged  as  to  spacing  and  length  of 
beams  that  the  load  to  be  supported  by  them,  together  with 
the  weights  of  the  materials  used  in  the  construction  of  the 
said  floors,  shall  not  cause  a  greater  deflection  of  the  said 
beams  than  one-thirtieth   (1-30)   of  an  inch  per  foot  of  span 


725 

under  the  total  load;  and  they  shall  be  tied  together  at  inter- 
vals of  not  more  than  eight  times  the  depth  of  the  beam,  and 
all  columns  or  beams  adjoining  the  outside  walls  shall  be 
properly  anchored  to  said  walls  at  similar  distances. 

Between  the  wrought  iron  or  steel  floor  beams  shall  be 
placed  brick  arches  springing  from  the  lower  flange  of  the 
steel  beams.  Said  brick  arches  shall  be  designed  with  a  rise 
to  safely  carry  the  imposed  load,  but  never  less  than  one  and 
one-quarter  inches  for  each  foot  of  span  between  the  beams, 
and  they  shall  have  a  thickness  of  not  less  than  four  inches 
for  spans  of  five  feet  or  less,  and  eight  inches  for  spans  over 
five  feet. 

Said  arches  shall  be  composed  of  good  hard  brick,  or  hol- 
low brick  of  ordinary  dimensions,  laid  to  a  line  on  the  centers 
properly  and  solidly  bonded,  each  longitudinal  line  of  brick 
breaking  joints  with  the  adjoining  lines  in  the  same  ring,  and 
with  the  ring  under  it  when  more  than  four-inch  arch  is  used. 
The  brick  shall  be  well  set  and  the  joints  filled  in  solid  with 
cement  mortar.  The  arches  to  be  well  grouted  and  properly 
keyed.  Or  the  space  between  the  beams  filled  in  with  hollow 
tile  arches  of  hard  burnt  clay  or  porous  terra  cotta  of  uniform 
density  and  hardness  of  burn. 

■A-backs  shall  be  of  such  form  and  section  as  to  prop- 
erly receive  the  thrust  of  the  said  arches;  and  the  said  arches 
shall  be  of  a  depth  and  sectional  area  sufficienl  to  carry  the 
load  to  be  imposed  thereon  without  straining  the  material 
beyond  its  safe  working  load,  but  said  depth  shall  not  be  less 
than  one  ami  three  quarters  inches  for  each  fool  of  span,  nol 
including  any  portion  of  the  depth  of  the  tile  projecting  below 
the    under    side    of    the    beams,    if    the    soffits    of    the    tile    are 

straight;  but  if  said  arch<  gmental,  having  a  rise  of  not 

than  one  inch  for  each  foot   span,  the  depth  of  the  arch 

shall  not  he  less  than   -i\  inch< 

The   joints   shall    he    solidly    tilled    with    ernienl     mortar   as 

required   of   common    brick    arches,   and    the   arc)  con 

structcd  that  the  key  block  shall  always  fall  in  the  centei    por- 
tion.    The  slmlls  and  webs  of  .-di  end  construction  blocks  shall 
abut   i  me  against   anol  her;  or  thi  bel  w  een  th<    bi 

may  1"-  filled  with  archi     -  if  I  '<  irtland  c<  menl   a  ma 


726 

[n  form,  and  which  shall  have  a  rise  of  not  less  than 

on<   quarter  inches  for  each  foot  of  span  between  the 

ms. 

The  concrete  shall  not  be  less  than  four  inches  in  thick- 

the  crown  of  the  arch,  and  shall  be  mixed  in  propor- 

required  by  Section  36  of  this  Code. 

These   arches   shall   in   all    cases   be   reinforced   and   pro- 

i  on  the  under  side  with  corrugated  or  sheet  steel,  steel 

.r  metal  in  other  form,  weighing  not  less  than  one  pound 

square   foot,  and   having  no  openings  larger  than  three 

square  feet.     Or  between  the  beams  may  be  placed  solid  or 

hollow  burnt  clay,  stone,  brick,  or  concrete  slabs  in  flat  or 

curved  shapes,  concrete  or  other  fire-proof  composition,  and 

any  of  the  said  materials  may  be  used  in  combination  with 

wire  cloth,  expanded  metal,  wire  strands,  or  wrought  iron  or 

steel  liars;  but  in  any  such  construction,  and  as  a  precedent 

condition  to  the  same  being  used,  tests  shall  be  made  to  the 

satisfaction  of  the  Commissioner  of  Public  Works. 

Filling  of  any  kind  between  floor  beams  which  is  likely 
to  be  injured  by  frost  during  freezing  weather  shall  be  tempo- 
rarily covered  with  suitable  material  for  protection  from 
freezing.  On  top  of  any  arch,  lintel  or  other  device  which 
does  not  extend  to  and  form  a  horizontal  line  with  the  top  of 
the  floor  beams,  cinder  concrete  or  other  suitable  fire-proof 
material  shall  be  placed  to  solidly  fill  up  the  space  to  a  level 
with  the  top  of  the  floor  beams,  and  shall  be  carried  to  the 
under  side  of  the  wood  floor  boards  in  case  such  be  used. 
Temporary  centering  when  used  in  placing  fire-proof  systems 
between  floor  beams,  shall  not  be  removed  within  twenty-four 
hours,  or  until  such  time  as  the  mortar  or  material  has  set. 
All  fire-proof  floor  systems  shall  be  of  sufficient  strength  to 
safely  carry  the  load  to  be  imposed  thereon  without  straining 
the  material  in  any  case  beyond  its  safe  working  load.  The 
>ttom  flanges  of  all  wrought  iron  or  rolled  steel  floor  and 
flat  roof  beams,  and  all  exposed  portions  of  such  beams  below 
the  abutments  of  the  floor  arches  shall  be  entirely  incased  in 
lard-burnt  clay,  porous  terra  cotta  or  other  fire-proof  material 
illowed  to  be  used  for  the  filling  between  the  beams  under 
the  provisions  of  this  section,  such  incasing  material  to  be 
properly  secured  to  the  beams. 


727 

The  exposed  sides  and  bottom  plates  or  flanges  of 
wrought  iron  or  rolled  steel  girders  supporting  iron  or  steel 
floor  beams,  or  supporting  floor  arches  or  floors,  shall  be 
entirely  encased  in  the  same  manner. 

1919.  Sec.  130.  Incasing  Interior  Columns. — All  cast  iron, 
wrought  iron  or  rolled  steel  columns,  including  the  lugs  and 
brackets  on  same,  used  in  the  interior  of  any  fire-proof  build- 
ing, or  used  to  support  any  fire-proof  floor,  shall  be  protected 
with  not  less  than  two  inches  of  fire-proof  material,  securely 
applied.  The  extreme  outer  edge  of  lugs,  brackets  and  similar 
supporting  metal  ma)'  project  to  within  seven-eighths  of  an 
inch  of  the  surface  of  the  fire-proofing. 

PART  XXII. 
Skeleton  Iron  and  Steel  Construction. 

1920.  Sec.  131.  Steel  Construction. — Where  columns  are 
used  to  support  iron  or  steel  girders  carrying  enclosing  walls, 
in  buildings  over  six  stories  in  height,  the  said  columns  shall 
be  of  cast  iron,  wrought  iron  or  rolled  steel,  and  on  their  ex- 
posed outer  and  inner  surfaces  be  constructed  to  resist  firr 
by  having  a  casing  of  incombustible  material  not  less  than 
eight  inches  in  thickness  on  the  outer  surfaces,  nor  less  than 
four  inches  in  thickness  on  the  inner  surfaces,  and  all  bonded 
in  the  incombustible  material  of  the  inclosurc  walls.  The  ex- 
posed sides  of  the  iron  or  steel  girders  shall  be  similarly  cov- 
ered  in  with  incombustible  material  not  less  than  four  inches 
in  thickness  on  the  outer  surfaces  and  tied  and  bonded,  hut 
the  extreme  outer  edge  of  the  flanges  of  beams,  or  plates,  or 
angles  connected  to  the  beams,  may  projed  to  within  two 
inches  of  the  outside  surface  of  the  brick  easing.  The  inside 
surfaces  of  girders  may  be  similarly  covered  with  incombusti- 
ble material,  or.  if  projecting  inside  the  wall,  they  shall  be 
protected  by  terra  cotta,  concrete  or  other  lire-proof  material. 

1921.  Sec.    132.     Steel   and   Wrought   Iron    Columns.— \n 
part  of  a  steel  or  wroughl  iron  column  shall  be  less  than  one 
quarter  of  an  inch  in  thickness.     All  wroughl  iron  or  rolled 
steel  columns  shall  be  in  accordance  with  requirements  of  this 
code.    The  ends  of  all  columns  shall  be  facea  to  a  plane  sur- 


728 

.  at  right  angles  to  the  axis  of  t lie  columns,  and  the  con- 
nection between  them  shall  be  made  with  splice  plates.  The 
joints  may  be  effected  by  rivets  of  a  sufficient  size  and  number 

ransmit  the  entire  stress,  and  then  the  splice  plates  shall 
be  equal  in  sectional  area  to  the  area  of  the  column  spliced. 

When  the  section  of  the  column  to  be  spliced  is  such 
that  spliced  plates  cannot  be  used,  a  connection  formed  of 
plates  and  angles  may  be  used,  designed  to  properly  dis- 
tribute the  stress. 

Steel  and  wrought  iron  columns  shall  be  made  in  one, 
two  or  three-story  lengths,  and  the  materials  shall  be  rolled 
in  one  wherever  practicable,  to  avoid  intermediate  splices. 
Where  any  part  of  a  section  of  a  column  projects  beyond  that 
of  the  column  below,  the  difference  shall  be  made  up  by  filling 
plates,  secured  to  column  by  the  proper  number  of  rivets. 
Shoes,  or  plates,  of  steel  or  iron,  as  described  for  cast 
iron  columns,  or  built  shoes  or  plates  and  shapes  may  be  used, 
complying  with  the  same  requirements. 

1922.  Sec.  133.  Cast  Iron  Columns. — All  cast  iron  columns 
shall  be  in  accordance  with  the  requirements  of  this  Code,  and 
shall  be  of  good  workmanship  and  material.  The  top  and 
bottom  flanges  and  lugs  shall  be  of  ample  strength,  reinforced 
by  fillets  and  brackets;  they  shall  be  not  less  than  one  inch 
in  thickness  when  finished. 

All  columns  shall  be  faced  at  the  ends  to  a  true  surface 
perpendicular  to  the  axis  of  the  column. 

Column  joints  shall  be  secured  by  not  less  than  four  bolts 
each,  not  less  than  three-quarter-inch  in  diameter.  The  holes 
for  these  bolts  shall  be  drilled  to  a  template. 

The  thickness  of  metal  shall  be  not  less  than  three-quar- 
ter-inch. Wherever  the  core  of  a  cast  iron  column  has  shifted 
more  than  one-fourth  of  the  thickness  of  the  shell,  the 
strength  shall  be  computed  assuming  the  thickness  of  metal 
all  round  equal  to  the  thinest  part,  and  the  column  shall  be 
condemned  if  this  computation  shows  the  strength  to  be  less 
than  required  by  this  Code. 

Wherever  blow-holes  or  imperfections  are  found  in  a  cast 
iron  column  which  reduces  the  area  of  the  cross  section  at 
that  point  more*than  ten  per  cent,  such  column  shall  be  con- 
demned. 


729 

Iron  or  steel  shoes  or  plates  shall  be  used  under  the  bot- 
tom of  columns  to  properly  distribute  the  load  on  the  founda- 
tion.    Shoes  shall  be  planed  on  top. 

1923.  Sec.  134.  Double  Columns. — In  all  buildings  over 
six  stories  in  height  hereafter  erected  or  altered,  where  any- 
iron  or  steel  column  or  columns  are  used  to  support  a  wall,  or 
part  thereof,  whether  it  be  an  exterior  or  an  interior  wall,  and 
the  columns  located  below  the  level  of  the  sidewfalk  which  are 
used  to  support  interior  walls  or  arches  over  vaults,  the  said 
column  or  columns  shall  be  either  constructed  double,  that  is, 
an  outer  and  an  inner  column  ;  the  inner  column  alone  to  be  of 
sufficient  strength  to  sustain  safely  the  weight  to  be  imposed 
thereon,  and  the  outer  column  shall  be  one  inch  shorter 
than  the  inner  column  ;  or  iron  or  steel  columns  of  sufficient 
strength,  protected  with  not  less  than  two  inches  of  fire-proof 
material  securely  applied ;  except  that  double  or  protected 
columns  shall  not  be  required  for  walls  fronting  on  streets  or 
courts. 

1924.  Sec.  135.  Plates  between  joints  of  open  back  Col- 
umns.— Iron  or  steel  posts,  or  columns  with  one  or  more  open 
sides  and  backs,  shall  have  solid  iron  plates  on  top  of  each, 
excepting  where  pierced  for  passage  of  pipes. 

1925.  Sec.  136.     Steel  and  Iron  Girders.— Rivets  in  flanges 

shall  be  spaced  so  that  the  least  value  of  a  rivet  for  cither 
shear  or  bearing  is  equal  or  greater  than  the  increment  of 
strain  due  to  the  distance  between  adjoining  rivets.  All  other 
given  under  riveting  shall  be  followed.  The  length  of 
rivets  between  beads  shall  be  limited  to  Four  limes  the  diame- 
ter. The  compression  flange  of  plate  girders  shall  be  secured 
against  buckling,  if  its  length  exceeds  thirty  times  its  width. 

plices  are  used  they  shall   fully  i "1   the  members 

spliced  in  cither  tension  or  compression. 

1926.  Sec.   137.     Stiffeners.— Stiffeners   shall   be   provided 
supports  and  other  concentrated  loads;  they  shall  b 

sufficient  strength  as  a  column,  to  'any  the  loads,  and  shall 
be  connected  with  a  sufficienl   number  of  rivets  to  transmit 
the  stress  into  the  web  plate.     Stiffeners  shall  fit  SO  as  to  sup 
port  the  flanges  of  the  girders.     If  the  unsupported  depth  of 


730 

the  web  plate  exceeds  sixty  times  its  thickness,  stiffeners  shall 
be  used  at  intervals'  not  exceeding  L20  times  the  thickness  of 
the  web. 

1927.  Sec.  138.  Rolled  Steel  and  Wrought  Iron  Beams 
used  as  Girders. — When  rolled  steel  or  wrought  iron  beams 
are  used  in  pairs  to  form  a  girder,  they  shall  be  connected  by 
bolts  and  iron  separators  at  intervals  of  not  more  than  eight 

All  beams  twelve  inches  and  over  in  depth  shall  have  at 
least  two  bolts  to  each  separator. 

1928.  Sec.  139.     Plates  under  Ends  of  Lintels  and  Girders. 

■ — When  lintels  or  girders  are  supported  at  the  ends  by  brick 
walls  or  piers,  they  shall  rest  upon  cut  stone  blocks  at  least 
ten  inches  thick,  or  upon  cast  iron  plates  of  equal  strength. 
Provided,  that  in  all  cases  the  safe  loads  shall  not  exceed  those 
fixed  by  Section  36  of  this  Code. 

1929.  Sec.  140.  Rolled  Steel  and  Wrought  Iron  Floor  and 
Roof  Beams. — All  rolled  steel  and  wrought  iron  floor  and  roof 
beams  used  in  buildings  shall  be  of  full  weight,  straight  and 
free  from  injurious  defects.  Holes  for  tie  rods  shall  be  placed 
as  near  the  thrust  of  the  arch  as  possible.  The  distance  be- 
tween the  tie  rods  in  the  floors  shall  not  exceed  eight  feet,  and 
shall  not  exceed  eight  times  the  depth  of  floor  beams,  twelve 
inches  and  under.  Channels  and  other  shapes  where  used  as 
skew-backs  shall  have  a  sufficient  resisting  moment  to  take 
up  the  thrust  of  the  arch.  Bearing  plates  of  stone  or  metal 
shall  be  used  to  reduce  the  pressure  on  the  wall  to  the  work- 
ing stress ;  provided,  that  when  rolled  iron  or  steel  floor  beams, 
not  exceeding  six  inches  in  depth,  are  placed  not  more  than 
thirty  inches  on  centers,  no  templates  shall  be  required. 
Beams  resting  on  girders  shall  be  securely  riveted  or  bolted 
to  the  same;  where  joined  on  a  girder,  tie  straps  of  one-half 
inch  net  sectional  area  shall  be  used,  with  rivets  or  bolts  to 
correspond.  Anchors  shall  be  provided  at  the  ends  of  all 
beams  bearing  on  walls,  as  well  as  to  all  channels  or  wall 
beams. 

1930.  Sec.  141.  Framing  and  Connecting  Structural  Work. 
— All  iron  or  steel  trimmer  beams,  headers  and  tail  beams 
shall  be  suitably  framed  and  connected  together,  and  the  iron 


or  steel  girders,  columns,  beams,  trusses  and  all  other  iron 
work  of  all  floors  and  roofs  shall  be  strapped,  bolted,  an- 
chored and  connected  together,  and  to  the  walls.  All  beams 
framed  into  and  supported  by  other  beams  or  girders  shall 
be  connected  thereto  by  angles  or  knees  of  a  proper  size  and 
thickness,  and  have  sufficient  bolts  or  rivets  in  both  legs  of 
each  connecting  angle  to  transmit  the  entire  weight  or  load 
coming  on  the  beam  to  the  supporting  beam  or  girder.  In  no 
case  shall  the  shearing  value  of  the  bolts  or  rivets,  or  the 
bearing  value  of  the  connection  angles,  provided  for  in  this 
Code,  be  exceeded. 

1931.  Sec.  142.  Riveting  of  Structural  Steel  and  Wrought 
Iron  Work. — The  distance  from  the  center  of  a  rivet  hole  to 
the  edge  of  the  material  shall  not  be  less  than : 

•j^-inch  for  ^-inch  rivets. 

%-inch  for  ^5 -inch  rivets. 

1^-inch  for  ^4-inch  rivets. 

1^-inch  for  %-inch  rivets. 

1^2-inch  for  1-inch  rivets. 

Wherever  possible,  however,  the  distance  shall  be  equal 
to  two  diameters.  All  rivets,  wherever  practical,  shall  be 
machine  driven.  The  rivets  in  connections  shall  be  propor- 
tioned and  placed  to  suit  the  stresses.  The  pitch  of  rivets 
shall  never  be  less  than  three  diameters  of  the  rivets,  nor  more 
than  six  inches. 

1932.  Sec.  143.  Bolting  of  Structural  Steel.— Where  rivet- 
ing is  nol  made  mandatory,  connections  may  1"'  effected  by 
bolts.  Turned  bolts  in  reamed  holes  shall  be  deemed  a  sub- 
stitute for  field  rivel -. 

1933.  Sec.  144.  Steel  and  Wrought  Iron  Trusses.— 
Trusses  hall  be  of  such  design  thai  the  stresses  of  each  mem- 
ber can  be  calculated.     All  stresses  shall  be  held   rigidly  in 

tion   by   efficienl      ■.  >    lateral   and    sway   brai 

Any  member  of  a  truss  subjected  to  a  transverse  stress,  in 
addition    to   direct    tension    or   compression,    shall    have    the 
stresses  causing  such  strain  added  to  the  direct  str< 
on  the  member,  and  the  total     tn     i     thus  formed  shall  not 
exceed  the  working  provided  for  in  this  Code. 


llJ34.  Sec.  145.  Riveted  Steel  and  Wrought  Iron  Trusses. 
For  tension  members  the  actual  net  area  only,  after  deduct- 
ir^  rivet  holes  one-eighth  of  an  inch  larger  than  the  rivets, 
shall  be  considered  as  resisting  the  stress.  If  tension  mem- 
arc  made  of  angle  irons,  riveted  through  one  flange  only, 
only  that  flange  shall  be  considered  in  proportioning  areas. 
Rivets  to  be  proportioned  as  prescribed  in  Section  36  of  this 
Code.  If  the  axis  of  the  two  adjoining  web  members  do  not 
intersect  within  the  lines  of  the  chords,  sufficient  area  shall 
be  added  to  the  chord  to  take  up  the  bending  strains.  No 
bolts  shall  be  used  in  the  connection  of  riveted  stresses,  except- 
ii  g  when  riveting  is  impracticable,  and  then  the  holes  shall  be 
drilled  or  reamed. 

1835.  Sec.  146.  Steel  and  Iron  Pin  Connected  Trusses. — 
The  bending  stresses  on  pins  shall  be  limited  to  20,000  pounds 
for  steel  and  15,000  pounds  for  iron.  All  compression  mem- 
bers in  pin-connected  trusses  shall  be  proportioned,  using  75 
per  cent,  of  the  permissible  working  stress  for  columns.  The 
heads  of  all  eye-bars  shall  be  made  by  upsetting  or  forging. 
Xo  weld  will  be  allowed  in  the  body  of  the  bar.  Steel  eye- 
bars  shall  be  annealed,  bars  shall  be  straight  before  boring. 
All  pinholes  shall  be  bored  through,  and  at  right  angles  to  the 
axis  of  the  members;  they  must  fit  the  pins  within  1-32  of  an 
inch.  The  distance  of  pin  holes,  from  center  to  center,  for 
corresponding  members  shall  be  alike,  so  that  when  piled  upon 
one  another  pins  will  pass  through  both  ends  without  forcing. 
Eye  and  screw  ends  shall  be  so  proportioned  that  upon  test 
to  destruction,  fracture  will  take  place  in  the  body  of  a  mem- 
ber. All  pins  shall  be  accurately  turned.  Pin  plates  shall 
be  provided,  whenever  necessary  to  reduce  the  stresses  on  pins, 
to  the  working  stresses  prescribed  in  this  Code. 

1936.  Sec.  147.  Iron  and  Other  Metal  Fronts  to  be  Filled 
In. — All  cast  iron  and  metal  fronts  shall  be  backed  up  or  filled 
in  with  masonry  of  the  thickness  provided  for  in  this  Code. 

1937.  Sec.   148.     Painting  of  Structural  Metal  Work.— All 

structural  metal  work  shall  be  cleaned  of  all  scale,  dirt  and 
rust,  and  be  thoroughly  coated  with  one  coat  of  paint  before 
erection.     Where   surfaces  in  riveted   work  come  in   contact, 


733 

they  shall  be  painted  before  assembling.  After  erection  all 
work  shall  be  painted  at  least  one  additional  coat.  All  iron 
or  steel  used  under  water  shall  be  enclosed  in  concrete. 

PART  XXIII. 
Elevators. 

1938.  Sec.  149.  Inspection  of  Elevators. — It  shall  be  the 
duty  of  the  Commissioner  of  Public  Works  to  cause  a  careful 
inspection  to  be  made  of  all  elevators  (passenger  and  freight) 
ir.  the  city  as  often  as  two  times  a  year,  and  see  that  said 
elevators  are  in  a  perfectly  safe  condition,  and  in  accordance 
with  the  provisions  of  this  Code. 

(As  amended  June  2,  1902.) 

1939.  Sec.  150.  Permits  to  Build  Elevators. — No  person 
oi  persons,  company  or  corporation  shall  hereafter,  within  the 
City  of  St.  Paul,  build  or  put  up,  or  cause  to  be  built  or  put 
up,  any  freight  or  passenger  elevator  in  any  building  until 
they  file  with  the  Commissioner  of  Public  Works  specifica- 
tions showing  the  kind  of  an  elevator  they  propose  to  put  up, 
and  shall  obtain  a  permit  from  the  Commissioner  of  Public 
Works  for  such  proposed  work  before  proceeding  therewith. 

The  Commissioner  of  Public  Works  shall  examine  such 
specifications  and  determine  whether  the  work  proposed  con- 
forms with  the  ordinances  of  the  city  relative  thereto,  and  is 
a  safe  and  proper  construction,  and  if  so,  he  shall  grant  a  per- 
mit therefor. 

It  shall  not  be  lawful  to  proceed  to  put  any  elevator  in 
any  building  within  the  City  of  St.  Paul  without  such  permit. 

It  shall  be  unlawful  for  any  person  owning  or  having  the 
care  or  control  of  any  elevator  to  use  or  permit  the  use  of 
the  same  after  it  has  been  declared  by  the  Commissioner  of 
Public  Works  to  be  in  a  dangerous  and  unsafe  condition,  and 
after  the  said  Commissioner  has  prohibited  the  use  of  (he 
same,  until  all  necessary  repairs  have  been  mad.'. 

It  shall  be  unlawful  for  an)  pel  on,  firm  or  corporation 
owning  or  having  the  care  or  control  of  any  elevator  for  the 
carriage  of  pi  o  u  i    or  permil  the  use  of  the  same 

without  having  the  said  elevator  equipped  wiih  a  proper  auto 


734 

matic  interlocking  mechanical  device;  said  device  to  be  so  con- 
Structed  that  the  doors  opening  into  the  elevator  shaft  can- 
not be  opened  save  and  except  when  the  cage  of  the  elevator 

ationary  at  the  floor  where  said  door  is  located;  said 
docking  device  to  be  placed  upon  said  elevator  or  attached 
thereto  in  a  manner  and  form  approved  by  the  Commissioner 
of  Public  Works. 

All  personSj  firms  or  corporations  owning  or  having  the 
care  or  control  of  any  elevator  for  the  carriage  of  passengers, 
now  in  use,  shall  comply  with  the  provisions  of  the  within 
ordinance,  and  equip  all  such  elevators  under  their  control 
with  such  automatic  interlocking  device  within  six  months 
after  the  passage,  approval  and  publication  of  this  ordinance. 

Except  as  herein  provided,  this  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage,  approval  and  publi- 
cation. 

(As  amended  by  Ord.  22S9,  approved  June  2,  1902.) 

1940.  Sec.  151.  Accidents. — In  case  any  accident  to  any 
elevator  or  its  operating  machinery,  or  any  passenger  thereon, 
or  operator  thereof,  it  shall  be  the  duty  of  the  owner,  agent, 
and  operator,  and  each  of  them,  to  immediately  report  such 
accident  to  the  Commissioner  of  Public  Works,  and  it  shall 
be  the  duty  of  the  Commissioner  of  Public  Works  to  imme- 
diately make  an  examination  into  the  cause  of  said  accident, 
and  record  a  full  and  detailed  report  thereof  in  a  book  to  be 
kept  by  him  for  that  purpose. 

1941.  Sec.  152.  Doorways  to  Car. — It  shall  be  unlawful 
to  maintain  or  operate  any  passenger  elevator  in  the  City  of 
St.  Paul  which  has  more  than  one  entrance  or  doorway  to  the 
car,  unless  each  of  said  entrances  or  doorways  is  provided  with 
a  door  on  the  inside  of  said  car,  said  door  to  be  closed  by  the 
operator  before  said  car  is  put  in  motion. 

1942.  Sec.  153.  Elevator  Cable  Stops.— All  freight  and 
passenger  elevators,  the  cables  of  which  wind  around  a  drum 
(except  hand  power)  in  any  building,  must  be  provided  and 
equipped  with  an  automatic  trip  or  slack  cable  stop,  and  auto- 
matic brake  of  sufficient  strength  to  hold  the  car  at  any  point. 


735 

1943.  Sec.  154.  Elevator  Governor. — All  freight  and  pas- 
senger elevators  (except  hand  power)  shall  be  provided  with 
an  automatic  down-speed  governor  or  regulator,  except  worm- 
gear  freight  elevators,  the  speed  of  which  is  less  than  sixty 
feet  per  minute. 

1944.  Sec.  155.  Automatic  Stops. — All  freight  and  passen- 
ger elevators  (except  hand  power)  shall  be  provided  with  an 
automatic  stop  on  the  machine  and  shifting  cable  and  an  ap- 
proved safety  apparatus  on  the  car.  All  automatic  trap  doors 
at  each  floor  on  any  uninclosed  freight  elevator  shall  be  con- 
structed so  as  to  form  a  substantial  floor  surface  when  closed 
and  so  arranged  as  to  open  and  close  by  the  action  of  the 
elevator  ascending  or  descending. 

1945.  Sec.  156.  Elevator  Shafts.— All  freight  elevator 
shafts  and  hoistways  in  any  building,  shall  be  protected  and 
enclosed  on  each  and  all  floors  of  any  such  building  with  suit- 
able frame  work  or  railing  not  less  than  four  feet  high,  and 
all  approaches  and  entrances  to  any  such  elevator  shafts  and 
hoistways  shall  be  provided  with  automatic  or  self-closing 
gates,  and  no  person  shall  use,  permit  or  cause  to  be  used,  any 
such  freight  elevators,  shaft  or  hoistway  in  any  building  un- 
less the  same  is  protected  or  enclosed  as  above  required. 

1946.  Sec.  157.  Number  of  Cables.— All  freight  elevators 
shall  have  nut  less  than  two  hoisting  cables,  with  suitable 
equalizers  to  equalize  the  bearings.  No  passenger  elevator 
shall  have  less  than  four  hoisting  rallies;  provided  that  those* 
passenger  elevators,  the  rabies  of  which  wind  around  a  drum, 
may  have  two  hoisting  cables,  if  the  car  is  counterweighted 
m  parate  from  the  drum,  the  counterweighl  to  have  two  cables, 
and  cables  to  be  provided  with  suitable  equalizers  to  equalize 
the  bearings 

1947.  Sec.    158.     Elevator   Sheaves. — All   elevator   she; 
for  rope  iran-nii     ion    hall  nol  be  less  in  diameter  than  twelve 
times  the  circumference  ol  the  cable  u ^« ■< l  on  such  elevator. 

1948.  Sec.    159.     Protection   to    Passenger   Elevators. —  No 
tiger  elevator  shall  be  allowed  to  be  operated  unless  the 

shaft  of  said  eleva  protected  on  all  open  sides  with  sub 


Stantial  wire  netting  not  less  than  six  feet  high,  with  sliding 
provided  with  lock  that  can  be  opened  from  the  inside 
o\  the  car  only,  except  by  key,  said  door  to  be  securely  closed 
ire  starting  the  elevator. 

I  As  amended  Aug.  22,  1902.) 

It  shall  be  unlawful  for  any  person,  firm  or  corporation 
owning  or  having  the  care  or  control  of  any  elevator  for  the 
carriage  of  passengers  to  use  or  permit  the  use  of  the  same 
without  having  all  guards  and  inclosures  about  the  shaft  of 
said  elevator  made  flush  and  in  a  vertical  line  with  the  walls  of 
said  shaft,  and  no  beam,  sill,  nosing  or  other  thing  shall  pro- 
ject beyond  the  wall  of  said  shaft  or  into  said  shaft  in  front 
of  or  adjacent  to  any  door  or  other  opening  in  the  cab  or  car 
of  said  elevator  or  in  any  other  place  where  the  same  might 
come  into  contact  with  any  part  of  said  cab  or  car  or  any  per- 
son riding  therein. 

All  persons,  firms  or  corporations  owning  or  having  the 
care  or  control  of  any  elevator  for  the  carriage  of  passengers 
now  in  use  shall  comply  with  the  provisions  of  the  within  or- 
dinance within  three  months  after  the  passage,  approval  and 
publication  of  this  ordinance. 

SECTION  II. 

1949.  Except  as  herein  provided  this  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage,  approval  and 
publication. 

1950.  Sec.  160.  No  Elevator  in  Well  Hole.— No  elevator 
shall  hereafter  be  constructed  in  the  well  hole  of  any  stairway 
unless  there  be  a  fire  proof  wall  between  such  elevator  and 
said  stairway,  extending  from  the  basement  to  a  point  two 
feet  above  the  level  of  the  roof;  elevator  shafts  in  fire  proof 
buildings  alone  excepted. 

1951.  Sec.     161.     Record     of     Elevator     Inspection.— The 

Commissioner  of  Public  Works  shall  enter,  or  cause  to  be 
entered,  in  a  book  kept  by  him  for  that  purpose,  a  detailed 
statement  of  the  result  of  his  inspection  of  all  elevators,  which 
shall  show  the  date  of  such  inspection ;  the  weight  such  eleva- 


tor  will  safely  carry;  the  condition  as  to  safety  and  construc- 
tion of  the  doors,  guards,  rails  or  automatic  self-closing  gate, 
and  all  other  automatic  devices;  and  such  other  facts  as  may 
be  necessary,  or  proper,  to  determine  whether  such  elevator 
i-  constructed  in  a  safe  and  proper  manner. 

1952.  Sec.  162.  Right  to  enter  Buildings. —  The  Commis- 
sioner of  Public  Works,  or  his  Elevator  Inspector,  shall  have 
the  power,  and  they  are  hereby  authorized  to  enter  any  build- 
ing within  the  City  of  St.  Paul  without  hindrance  from  any 
one.  for  the  purpose  of  examining  elevators,  and  the  enforce 
ment  of  the  provisions  of  this  ordinance,  whenever  the  same 
may  be  deemed  necessary,  and  the  engineer  or  operator  of  any 
elevator  shall  assist  such  Commissioner  of  Public  Work-  so 
that  he  may  be  able  to  make  a  careful  and  a  thorough  exami- 
nation of  every  portion  of  the  operating  machinery  connected 
with  such  elevator. 


PART  XXIV. 

Public  Buildings  Where  No  Movable  Stage  Scenery  and  Ap- 
paratus is  Used,  Halls,  Churches,  Schools  and  Other 
Buildings  to  be  Used  for  Public  Assemblages, 
or  any  Part  of  the  Building  Where  so  Used. 

1953.  Sec.   163.     Elevation  of  Main  Floor. — No  portion  of 

the  main  floor  of  any  public  hall  hereafter  erected  shall  be 
elevated  to  a  greater  height  than  thirty-five  feel  above  the 
streel  level,  except  in  a  fire  proof  building;  nor  shall  any  public 
hall  or  church  seating  over  one  thousand  persons,  hereafter  be 
ted,  with  the  main  floor  more  than  eighi  Feel  above  the 
street  level. 

Any  church   seating  more  than   500  people,  whose  main 
audience  room  -had   be  situated  at   Mich  a  heighl   above  the 

;   level  as   to  require   stairways  to  reach   the   main   exit, 
shall  have  such  staircases  separated  from  the  auditorium  room 
l>\   a  tii"'-  proof  wall.      The  stairways  leading  from  said  audi 
torium  and  galleries,  if  any.  shall  be  of  fire  proof  construction 
and  shall  be  in  accordance  with  all  the  requirements  of  similar 

exits   for  l hea 


1954.  Sec.  164.  Stairs,  Stairways  and  Exits. — Every  hall 
01  church  seating  five  hundred  persons  and  not  more  than 
seven  hundred  and  fifty  persons,  shall  have  at  least  two  separ- 
ate and  distinct  exits  For  ingress  and  egress,  the  same  to  be 
placed  as  far  apart  as  possible. 

Every  hall  or  church  seating  seven  hundred  and  fifty  per- 

.  and  not  more  than  one  thousand  persons,  shall  have  at 
least  three  separate  and  distinct  exits. 

All  stairs  For  ingress  and  egress  leading  to  any  public 
hall  or  church  shall  be  of  such  width  as  to  allow  eighteen 
inches  for  each  hundred  people  accommodated,  but  no  stair- 
uav  shall  be  of  less  width  than  four  feet.  Every  stairway 
shall  be  provided  with  hand  rails  on  each  side.  The  rise  of 
the  stairs  shall  not  be  more  than  seven  and  one-half  inches  to 
each  step,  and  the  tread  not  less  than  ten  inches,  irrespective 
of  the  nosing  or  projection.  Xo  stairway  shall  ascend  to  a 
greater  height  than  eleven  feet  without  a  level  landing,  which, 
if  its  width  is  in  the  direction  of  the  run  of  the  stairs,  shall  not 
be  less  than  three  feet,  or  which  if  at  a  turn  of  the  stairs  shall 
not  be  less  in  width  than  the  width  of  the  stairs.  Xo  winders 
whatever  shall  be  allowed. 

In  addition  to  the  above  described  stairway,  public  halls 
shall  be  provided  with  fire  escapes  as  provided  in  this  Code. 

In  any  hall  where  there  is  more  than  one  exit,  each  exit 
shall  be  distinctly  marked  "Exit"  with  letters  not  less  than  six 
inches  high.  The  location  of  all  fire  escapes  must  also  be  dis- 
tinctly indicated. 

In  buildings  already  constructed,  where  the  width  of  the 
stairways  can  not  be  made  to  conform  to  the  requirements  of 
this  Code,  the  number  of  persons  allowed  in  said  hall  or 
church  shall  not  exceed  one  hundred  for  every  eighteen  inches 
of  width  of  stairway  and  exit. 

All  doors  shall  open  outward  and  shall  be  of  such  width 
as  to  allow  eighteen  inches  for  each  one  hundred  people  ac- 
commodated. 

Public  halls  shall  take  out  a  permit  from  the  Building 
Department,  which  permit  shall  state  the  number  of  people 
the  hall  can  accommodate,  based  on  an  allowance  of  one  hun- 


T39 

dred  people  for  each  18  inches  in  width  of  stairway,  door  or 
exit,  as  certified  by  the  Commissioner  of  Public  Works.  Said 
permit  shall  be  conspicuously  posted  and  no  more  than  the 
number  specified  in  the  permit  shall  be  allowed  to  occupy  the 
hall. 

1955.  Sec.  165.  Aisles. — The  aisles  in  the  auditorium  of 
public  halls  and  churches  shall  be  in  conformity  with  the  re- 
quirements of  this  Code  for  aisles  in  the  auditorium  of 
theaters. 

i  As  amended  by  Ord.  2446,  approved  May  19,  1904.) 

PART  XXV. 

Public  Buildings  Where  Movable  Stage  Scenery  and  Appar- 
atus is  Used,  Theaters  and  Places  of  Assemblage. 

1956.  Sec.  166.  Theaters,  Opera  Houses,  Etc.— Every 
theater,  opera  house,  auditorium  or  other  building  intended 
to  be  used  for  theatrical  or  operatic  purposes,  or  for  public  en- 
tertainment of  an}"  kind,  where'  stage  scenery  and  apparatus 
is  employed,  hereafter  erected  in  the  City  of  St.  Paul,  shall  be 
built  to  comply  with  the  requirements  of  this  Code,  and  every 
such  building  now  in  use  for  such  purposes  shall  conform  to 
all  requirements  of  this  Code  except  as  to  sections  172,  L73, 
174,  L75,  L76,  L78,  ISO,  181,  Is:.  L88,  189,  191,  L92,  193,  194, 
L95,  201,  206;  and  in  regard  to  all  provisions  of  these  sections 
omitted,  the  Commissioner  of  Public  Works  shall  make  such 
regulations,  binding  upon  the  owners,  lessees  or  managers  oi 
any  of  said  buildings  directing  any  act  to  In-  done  in  or  ah' mi 
tin'  arrangements  of  such  buildings  and  the  several  appliances 
connected  therewith,  such  as  corridors,  courts,  doors,  stairs, 
exits,  window^,  tire  escapes,  lire  walls,  stage  floors,  arrange- 
ment of  water  pipes  and  apparatus,  electric  lights  and  storage 
of  general  properties  as  the  -aid  Commissioner  <>\  Public 
Works  may  deem  necessary  For  the  public  safety. 

In  case  oi  neglea  or  refusal  on  the  pan  of  the  ownei  oi 

ee  of  said  building  to  comply  with  the  orders  ol  the  said 

Commissioner  of  Public  Works,  the  Commissioner  of  Public 

Works,  with  the  concurrence  of  the  Mayor  and  Chief  of  Police, 


shall  have  the  power  to  close  such  building  until  the  said  or- 
ders  arc  carried  out. 

1957.  Sec.  167.  Buildings  not  in  actual  use. — No  building 
which  at  the  time  of  the  passage  of  this  Code  is  not  in  actual 
use  for  theatrical  or  operatic  purposes,  and  no  building  here- 
after erected  and  not  in  conformity  with  the  requirements  of 
this  Code,  shall  be  used  for  theatrical  or  operatic  purposes,  or 
for  public  entertainment  of  any  kind  where  stage  scenery  or 
apparatus  is  employed,  until  the  same  shall  have  been  made 
to  conform  to  the  requirements  of  this  Code. 

1958.  Sec.  168.  Buildings  to  be  Approved. — Xo  building 
shall  be  opened  to  the  public  for  theatrical  or  operatic  pur- 
poses,  or  for  public  entertainment  of  any  kind  until  Ihe  Com- 
missioner  of  Public  Works  shall  have  approved  the  same  in 
writing  as  conforming  to  the  requirements  of  this  Code. 

The  Commissioner  of  Public  Works  shall  cause  monthly 
inspections  to  be  made  of  all  theaters,  when  open  to  the  pub- 
lic, and  a  written  report  of  the  condition  of  the  theater  and 
orders,  if  any.  given  to  the  management  shall  be  filed  with  the 
Common  Council. 

The  Commissioner  of  Public  WTorks  shall  have  the  right 
I  i  require  tests  of  asbestos  curtains  or  any  appliances  which 
may  be  liable  to  get  out  of  order  or  repair,  except  the  fire 
apparatus,  the  tests  to  be  made  as  often  as  he  may  think  nec- 
essary. 

1958a.  Sec.  169.  Certificate  Before  Use.— Xo  license  shall 
he  granted  for  any  such  building,  and  the  Chief  of  Police  of 
the  city  shall  close,  and  prevent  an  opening  of  the  same,  until 
a  certificate  of  approval  in  writing  shall  have  been  given  by 
the  Commissioner  of  Public  Works. 

1959.  Sec.  170.     Aisles  and  Passage  Ways. — All  aisles  and 
sage   ways  in  said  building  shall  be  kept  free  from  camp 

Is,  chairs,  sofas  and  other  obstructions,  and  no  person  shall 
be  allowed  to  stand  in  or  occupy  any  of  the  aisles  or  passage 

-.  during  any  performance,  service,  exhibition,  lecture, 
concert,  ball  or  any  public  assemblage. 


Ml 

1960.  Sec.  171.  Fronts. — Every  theater  or  other  building 
as  mentioned  in  Section  166  of  this  Code,  shall  have  at  least 
one  front  on  the  street,  except  as  hereinafter  mentioned,  and 
in  such  front  there  shall  be  suitable  means  of  entrance  and 
exit  for  the  audience.  Such  main  entrance  shall  not  be  more 
than  two  feet  higher  than  the  level  oi  the  sidewalk. 

1961.  Sec.  172.  Courts. — In  addition  to  the  aforesaid  en- 
trances and  exits  on  the  street,  there  shall  be  reserved  for  ser- 
vice in  ease  of  emergency  an  open  court  or  space  on  the  side 
not  bordering  on  the  street,  where  said  building  is  located  on  a 
corner,  and  on  both  sides  of  said  building,  where  there  is  but 
one  frontage  on  the  street.  The  width  of  such  open  court  or 
courts  shall  not  be  less  than  seven  feet  where  the  seating 
capacity  is  not  over  one  thousand  people,  above  one  thousand 
and  not  mure  than  fifteen  hundred,  eight  feet  in  width,  and 
above  fifteen  hundred  people,  ten  feet  in  width. 

Said  open  courts  shall  begin  on  a  line  with  or  near  the 
proscenium  wall,  and  shall  extend  the  length  of  the  auditorium 
proper,  to  or  near  the  wall  separating  the  same  from  the  en- 
trance lobby  or  vestibule, 

1962.  Sec.  173.  Separate  Corridors  to  Streets. — A  separate 
and  distinct  corridor  shall  continue  to  the  street  from  each 
open  court  through  such  superstructure  as  may  he  built  on 
the  street  side  of  the  auditorium,  with  continuous  walls  of 
bricks  or  other  tire  proof  materials  on  each  side  of  the  entire 
length  of  said  corridor  or  corridors,  and  the  ceilings  and  floors 
shall  he  tire  proof.  Said  corridors  shall  not  be  reduced  in 
width  to  more  than  three  feet  less  than  the  width  of  the  open 
court  or  court-:  and  there  shall  he  no  projection  in  the  same; 
the  outer  openings  to  he  provided  with  doors  or  gates  opening 
toward  th< 

During  tin-  performance  the  doors  of  gates  -hall  he  kepi 
open  by  proper  fastenings;  at   other  time-  they  max    be  closed 

by  movable  bolts  or  locks.      The  -aid  open  courts  and  the 
ridors  -hall  not  he  used  for  storage  purposes,  or  for  any  pur- 
pose whatsoi    er  i    i  epl  for  exit  and  entrance  from  and  to  the 
auditorium  and  stage.      The  h  *  el  of  said  corridor-  at  the  stt 
entrance  of  the  same  shall  not  be  more  than  six  inches  ab 


the  level  of  the  sidewalk  at  such  entrance.  To  overcome  any 
difference  of  level  in  and  between  courts,  corridors,  lobbies, 
iges  and  aisles  on  the  -round  floor,  gradients  shall  be  em- 
ployed of  not  over  one  foot  in  twelve  feet  with  no  perpendicu- 
lar rises. 

1963.  Sec.  174.     Auditorium  Exits  to  Side  Courts. — From 
the  auditorium  opening  into  the  said  street,  there  shall  be  not 

han  two  exits  on  each  side,  in  each  tier,  from  and  includ- 
ing the  parquet,  and  each  and  every  gallery,  provided,  how- 
e^  er,  that  for  theaters  whose  seating  capacity  is  less  than  800, 
the  Commissioner  of  Public  Works  shall  have  the  authority 
to  designate  the  number  of  exits,  proportionate  to  the  seating 
capacity  of  each  tier,  as  in  his  judgment  may  be  necessary  for 
public  safety. 

Each  exit  shall  be  at  least  five  feet  in  width  in  the  clear 
and  provided  with  doors  of  iron  or  wood,  and  if  of  wood  the 
doors  shall  be  covered  with  metal.  All  of  said  doors  shall 
open  outwardly,  and  shall  be  fastened  with  movable  bolts,  the 
bolts  to  be  kept  drawn  during  performances. 

1964.  Sec.  175.  Fire  Escapes. — There  shall  be  balconies 
not  less  than  four  feet  in  width  in  the  said  open  court  or  courts 
at  each  level  or  tier  above  the  parquet,  on  each  side  of  the  audi- 
torium, of  sufficient  length  to  embrace  the  two  exits,  and  from 
said  balconies  there  shall  be  stairways  extending  to  the 
ground  level,  with  a  rise  of  not  over  eight  inches  to  a  step,  and 
not  less  than  nine  inch  tread  exclusive  of  the  nosing.  The 
stairway  from  the  upper  balcony  to  the  next  below  shall  not 
be  less  than  thirty  inches  in  width  in  the  clear,  and  from  the 
first  balcony  to  the  ground,  not  less  than  three  feet  in  the 
clear,  where  the  seating  capacity  of  the  auditorium  is  for  one 
thousand  people  or  less;  three  feet  six  inches  in  the  clear, 
where  above  one  thousand  and  not  more  than  fifteen  hundred 
people  ;  and  four  feet  in  the  clear  when  above  fifteen  hundred 
and  not  more  than  twenty-five  hundred  people;  and  not  less 
than  four  feet  six  inches  in  the  clear  where  above  twenty-five 
hundred  people.  The  stairway  from  the  upper  balcony  to  the 
next  below  shall  increase  proportionately. 


All  the  above  mentioned  balconies  and  stairways  shall  be 
constructed  in  iron  throughout  including  the  floors,  and  be  of 
ample  Strength  to  sustain  the  load  to  be  carried  by  them. 

Where  one  side  of  the  building  borders  on  a  public  high- 
way there  shall  be  stairways  and  balconies  of  like  capacity 
and  kind  as  heretofore  mentioned,  ami  the  building  set  back 
or  recessed  far  enough  to  admit  of  such  stairways,  without 
using  any  part  of  the  public  street;  if  situated  so  that  the 
building  has  three  street  fronts,  exits  must  be  from  the  three 
street  fronts,  and  constructed  with   recess  as  above  described. 

1965.  Sec.  176.  On  a  Corner  Lot. — When  on  a  corner  lot, 
that  portion  bordering  on  the  side  street,  and  not  required  For 
the  uses  of  the  theater,  may  be  used  as  offices  and  stores,  pro- 
viding the  walls  separating  this  portion  from  the  theater  are 
fire  proof  and  carried  up  solidly  to  and  through  the  roof,  and 
that  a  fire  proof  exit  is  provided  for  the  theater  on  each  tier 
communicating  with  balconies  and  staircases  leading  to  street 
ii  manner  provided  elsewhere  in  this  Code.  Said  passages 
shall  be  entirely  cut  off  by  lire  proof  walls  from  said  offices  and 

— .  and  the  floors  and  ceilings  in  each  tier  shall  be  lire 
pr<  >of. 

Provided  that  nothing  herein  contained  shall  prevent   the 
if  the  front  portion  of  any  theater  building  <>r  other  build- 
ing as  above  mentioned  in  this  Code,  for  the  purposes  of  of- 
fic<  -  or  stores,  provided  that  said  offices  or  stores  are  nol  over 

forty  feet  in  depth  from  the  front  lot  line,  and  that   said  offices 

or  stores  are  made  fire  proof  with  solid  walls  above  the  ground 
floor,  separating  this  portion  from  the  theater  proper,  and  that 
tin-  exits  or  entrances  i"  the  theater  proper  are  in  conformity 
with  the  provisions  of  this  (.'ode. 

1966.  Sec.  177.  Roof  Garden,  Etc.,  Above  Theater.— 
Nothing  herein  contained  shall  prevenl  a  roof  garden,  an  gal- 
lery or  rooms  for  similar  purposes  being  placed  above  a  theater 
or  public  building,  providing  the  floor  of  the  same  forming  the 
roof  over  such  theater  or  building  shall  be  constructed  of  iron 
or  steel  and  fire  proof  materials,  and  thai  said  floor  -hall  have 
no  covering  hoards  <>r  sleepers  of  wood,  bul  he  of  tile  or 
cement. 


;  1 1 

Every  root'  over  said  garden  or  rooms  shall  have  all  sup- 
ports and  rafters  "i'  iron  and  steel,  and  be  covered  with  glass 
or  fire  proof  materials,  or  both,  but  no  Mich  roof  garden,  art 
gallery  or  room  for  any  public  purpose  shad  be  placed  over 
or  above  that  portion  of  any  theater  or  oilier  building  which  is 
used  as  a  stage. 

1967.  Sec.  178.  Work  Shop,  Storage  and  Property 
Rooms. —  \"o  work  shop,  storage  or  general  property  room, 
shall  be  allowed  above  the  auditorium  or  stage,  or  under  the 
same,  or  in  any  of  the  fly  galleries. 

All  of  said  rooms  or  shops  may  be  located  in  the  rear  or  at 
the  side  of  the  stage,  but  in  such  cases  they  shall  be  separated 
from  the  stage  by  a  fire  proof  wall,  and  the  opening  leading 
into  said  portions  shall  have  fire  proof  doors  on  each  side 
of  the  wall  over  said  openings,  hung  to  iron  eyes  built  into  the 
wall. 

1968.  Sec.  179.  Theaters  Prohibited  for  Certain  Uses.— 
NTo  portion  of  any  building  hereafter  erected  or  altered, 
used  or  intended  to  be  used  for  theatrical  or  other  purposes  as 
herein  specified  shall  be  occupied  or  used  as  a  hotel,  boarding 
o\  lodging  hou^e.  factory,  workshop  or  for  storage  purposes, 
except  as  may  hereafter  be  specially  provided  for.  Said  re- 
striction relates  not  only  to  that  portion  of  the  building  which 
contains  the  stage,  but  applies  to  the  entire  structure  in  con- 
junction therewith. 

Xo  store  or  room  contained  in  the  building  or  the  offices, 
;•   apartments  adjoining  as   aforesaid,   shall   be   let  or 
for  carrying  on  any  business  dealing  in  articles  designat- 
ed as  specially  hazardous  in  the  classification  of  Fire  Under- 
writers. 

Xo  lodging  accommodations  shall  be  allowed  in  any  part 
of  the  building  communicating  with  the  auditorium  except  for 
the  janitor. 

1969.  Sec.  180.  Interior  Walls  Fire  Proofed.— Interior 
walls  of  fire  proof  materials  shall  separate  the  auditorium  from 
the  entrance  vestibule,  and  from  any  room  or  rooms  over  the 
same,  also  from  any  lobbies,  corridors,  refreshment  or  other 
rooms. 


do 

1970.  Sec.  181.  Inclosure  of  Stairways. — All  stairways  For 
the  use  of  the  audiences,  other  than  those  looking  from  the 
first  gallery,  shall  be  inclosed  with  walls  of  brick,  or  fire  proof 
materials,  in  the  stories  through  which  they  pass,  and  the 
openings  from  said  stairways  to  each  tier  shall  be  the  full 
width  of  said  stairway. 

Xo  door  shall  open  immediately  upon  a  flight  of  stairs,  but 
a  landing  at  least  the  width  of  the  door  shall  he  provided  be- 
tween such  stairs  and  such  door. 

1971.  Sec.  182.  Proscenium  Wall  and  Girder.— A  lire  wall 
built  of  fire  proof  material  shall  separate  the  auditorium  from 
the  stage,  and  the  same  shall  extend  to  at  least  three  feet 
above  the  stage  roof,  or  the  auditorium  roof,  if  the  latter  be 
higher,  .and  shall  he  coped.  Above  the  proscenium  opening 
there  shall  be  an  iron  girder  of  sufficient  strength  to  safely 
support  the  load  above,  and  the  same  shall  he  covered  with 
fire  proi  >f  materials. 

A  relieving  arch  shall  he  constructed  over  the  girder,  the 
intervening  space,  tin-  full  thickness  of  the  wall,  to  he  idled 
with  hard,  well  burnt  brick.  Should  there  he  constructed  an 
orchestra  above  the  proscenium  opening,  the  said  orchestra 
shall  he  placed  on  the  auditorium  side  of  the  proscenium  tire 
wall,  and  shall  he  entered  only  from  the  auditorium  side  of 
said    wall. 

1972.  Sec.  183.  Proscenium  Frame  Fire  Proof.— The 
moulded  frame  around  the  proscenium  opening  shall  he  formed 
entirel)  of  fire  proof  materials  :  if  metal  he  used  the  metal  shall 
he  tilled  in  ^olid  with  non-combustible  material  and  securely 
anchored  ti i  the  vvall  with  iri »n. 

1973.  Sec.     184.     Fire     Proof     Curtain. — The     proscenium 
opening  shall  he  provided  with  a  tire  proof  curtain,  or  a  cur- 
tain of  asbestos,  or  other  lire  proof  material,  sliding  al   i 
end   in  groov<  'rely   fastened   to  the  brick    w;dl   and 
tending  into  such  grooves  t"  a  depth  of  not  less  than  sj\  in. 

on  each  side  of  the  opening,  or  with  such  othei  guides  for  the 
curtain  as  may  he  approved  by  the  Commissioner  of  Public 
Works.     All  the  supports  and  fa  iten       ol  said  curtain  and  all 


;  L6 

of  the  ropes  or  cables  by  which  it  is  suspended  and  operated 
shall  be  of  non-combustible  material,  and  the  curtain  shall  be 
so  arranged  that  it  can  be  easily  and  quickly  lowered  either 
from  the  stage  floor  or  the  fly  gallery.  Said  fire  proof  curtain 
shall  be  raised  at  the  commencement  of  each  performance  and 
lowered  at  the  close  of  said  performance,  and  be  placed  at 
least  three  feet  distant  from  the  footlights  at  the  nearest  point. 

1974.  Sec.    185.     Iron     Doors    in    Proscenium    Wall.— All 

door-  or  openings  through  the  proscenium  wall  from  the  au- 
ditorium in  every  tier  shall  have  doors  of  iron  or  wood  on  each 
face  of  the  wall:  if  of  wood,  the  doors  shall  be  constructed  as 
hereinbefore  described,  and  hung"  so  as  to  be  opened  from 
either  side  at  all  times.  There  shall  be  no  openings  in  the 
proscenium  fire  wall  above  the  level  of  the  auditorium  ceiling, 
i  Hrect  access  to  these  doors  shall  be  provided  on  both  sides 
and  the  same  shall  always  be  kept  free  from  any  incumbrance. 
Iron  ladders  or  stairs  securely  fixed  to  the  wall  on  the  stage 
side  shall  be  provided  to  overcome  any  difference  of  level  ex- 
isting between  the  floor  or  galleries  on  the  stage  side  of  the 
fire  wall  and  those  on  the  auditorium. 

1975.  Sec.  186.  Metal  Skylights.— There  shall  be  provided 
over  the  stage  metal  skylights  of  an  area  or  combined  area  of 
at  least  one-eighth  the  area  of  said  stage,  fitted  up  with  sliding 

ash  and  glazed  with  double  thick  sheet  glass  not  exceeding 
one-twelfth  (1-12)  of  one  inch  in  thickness,  and  each  pane 
thereof  measuring  not  less  than  three  hundred  square  inches, 
and  the  whole  of  which  skylight  shall  be  so  constructed  as  to 
open  instantly  on  the  cutting  or  burning  of  a  hempen  cord, 
which  shall  be  arranged  to  hold  said  skylights  closed,  or  some 

r  equally  simple  approved  device  for  opening  them  as  may 
be  approved. 

Immediately  underneath  the  glass  of  said  skylights  there 
shall  be  wire  netting,  but  wire  glass  shall  not  be  used  in  lieu 
of  this  requirement. 

Tn  place  of  metal  skylight  with  sliding  sash  there  may  be 
placed  over  the  stage  one  or  more  ventilators  constructed  of 
non-combustible  material,  of  a  size  and  design  approved  by 
the   Commissioner  of  Public  Works.     Every  such  ventilator 


;  i; 

shall  have  a  damper  or  valve  so  arranged  and  counterbalanced 
as  to  open  automatically,  and  shall  he  closed  when  not  in  use 
by  a  cord  running  to  the  stage  and  fly  gallery  and  operated 
from  either  place,  so  arranged  that  if  severed  the  ventilators 
will  open  automatically.  Any  ventilators  oxer  the  auditorium 
shall  be  so  constructed  as  to  operate  in  the  same  manner. 

1976.  Sec.  187.  Construction  of  Stage  Floor.— All  that 
portion  not  comprised  in  the  working  of  scenery,  traps  and 
other  mechanical  apparatus  for  the  presentation  of  a  scene 
shall  be  built  of  iron  or  steel  substruction  and  tire  proofed. 

1977.  Sec.  188.  Fly  Galleries.—  Hie  fly  galleries  entire 
shall  he  constructed  of  iron  or  steel  beams  tilled  with  fire  proof 
materials,  and  no  wood  boards  or  sleepers  shall  be  used  as 
covering  over  beams,  but  the  said  doors  shall  be  entirely  tire 
proof. 

1978.  Sec.  189.  Rigging  Loft.— The  rigging  loft  shall  be 
fire  proof  (except  the  Moor  covering  of  the  same). 

1979.  Sec.  190.  Stage  Scenery. — All  stage  scenery,  cur- 
tain- ami  decorations  made  of  combustible  material  and  all  the 
woodwork  on  or  about  the  stage  shall  be  painted  or  saturated 
with  some  non-combustible  material,  or  otherwise  rendered 
safe  againsl  tire,  and  the  finishing  coats  of  paint  applied  to 
all  woodwork  throughout  the  entire  building  shall  be  of  such 
kind  as  will  resist  fire. 

1980.  Sec.  191.  Roofs  and  Galleries  to  be  Fire  Proof.— 
Tin-  rool  over  tin-  auditorium  and  the  entire  main  floor  of  the 
auditorium    ami    vestibule,    also    the    entire    roof   of   the    second 

stor)  of  the  front  superstructure  over  the  entrance  lobb)   and 
corridors,  and  all  galleries  and  supports  for  the  same  in  the 
auditorium,  shall  consisl  of  iron  or  steel  and  lire  proof  sleep 
ers,  to   which   the  same   may   he   fastened,  bul    such   sleepers 

shall    n<  >t    mean   timbers   of   supp<  irl . 

1981.  Sec.  192.  Gallery  Fronts.— The  fronts  of  each  gal- 
lery  shall   be   formed   of  fire   proof  materials,  except   coping, 

which  may  be  of  w<  »od. 

1982.  Sec.  193.  Ceiling  of  Galleries  and  Auditorium. — 
The  ceiling   under  each  gallery  --hall  he  entirely  formed  of  tire 


;  is 

proof  materials.  The  ceiling  of  the  auditorium  shall  be 
formed  of  fire  proof  materials.  All  lathing,  whenever  used, 
shall  be  of  wire  or  other  fire  proof  material. 

1983.  Sec.  194.  Partitions  and  Furring. — The  partitions  in 
that  portion  of  the  building  which  contains  the  auditorium,  the 
entrance  and  vestibule  and  every  room  and  passage  devoted  to 

the  use  ^i  the  audience  shall  be  constructed  of  fire  proof  ma- 
terials, including  the  furring"  of  outside  or  other  walls.  None 
of  the  walls  or  ceilings  shall  be  covered  with  wood  sheathing, 
canvas  or  any  combustible  material.  But  this  shall  not  ex- 
clude the  use  of  wood  wainscoting  to  a  height  not  to  exceed 
six  feet,  which  shall  be  filled  in  solid  between  the  wainscoting 
and  the  wall  with  fire  proof  materials.  Xor  shall  canvas  or 
other  st tilts  be  used  for  decorations,  when  the  said  materials 
are  glued  to  the  walls  or  ceiling. 

1984.  Sec.  195.  Dressing  Room  Partitions. — The  walls 
separating  the  actors'  dressing  rooms  from  the  stage  and  th_- 
partitions  dividing  the  dressing  rooms,  together  with  the  par- 
tition- (if  every  passageway  from  the  same  to  the  stage  and 
all  other  partitions  on  or  about  the  stage  shall  be  constructed 
of  tire  proof  material.  All  doors  in  any  of  said  partitions  shall 
.be  constructed  of  iron  or  wood  as  heretofore  described.       All 

shelving  and  cupboards  in  each  and  every  dressing  room, 
property  room,  or  other  storage  room  shall  be  constructed  of 
metal,  slate  or  some  fire  proof  material. 

1985.  Sec.  196.  Dressing  Rooms  in  Fly  Galleries. — Dress- 
ing rooms  may  be  placed  in  the  fly  galleries,  provided  that 
proper  exits  are  secured  therefrom  to  the  fire  escapes  in  the 
open  courts,  and  that  the  partitions  and  other  matters  relating 
to  dressing  rooms  shall  conform  to  the  requirements  herein 
contained,  and  the  stairs  leading  to  the  same  shall  be  fire 
pn  i 

1986.  Sec.  197.  Dressing  Room  Exits. — All  dressing  rooms 
shall  have  exits  to  fire  escapes  in  the  open  courts  or  leading  di- 
rectly to  the  streets.  !f  windows  are  provided,  the  same  shall 
not  have  fixed  sashes,  iron  grills  or  bars.     All  dressing  rooms 

be  well  ventilated. 


749 

1987.  Sec.  198.  Distance  Between  Seats. — All  scats  in  the 
auditorium,  excepting  those  contained  in   boxes,  shall  be  not 

than  thirty-two  inches  from  hack  to  hack,  measured  in  a 
horizontal  direction,  and  firmly  secured  to  the  tloor.  No  seat 
in  the  auditorium  shall  have  more  than  six  seats  intervening 
between  it  and  an  aisle. 

1988.  Sec.  199.  Platforms  to  Receive  Seats  in  Galleries. — 
All  platforms  in  galleries  formed  to  receive  the  seats  shall  not 
he- more  than  twenty-one  inches  in  height  of  riser,  nor  less 
than  thirty  inches  in  width  of  platform. 

1989.  Sec.  200.  Width  of  Auditorium  Aisles.— All  aisles 
mi  the  respective  doors  in  the  auditorium,  having  seats  on 
both  sides  of  the  same,  shall  not  be  less  than  three  feet  wide 
where  they  begin  and  shall  he  increased  in  width  toward  the 
exits  in  the  ratio  of  one  and  one-half  inches  to  every  five  run- 
ning feet.  Aisles  having  seats  on  one  side  only  shall  he  not 
less  than  two  feet  wide  at  their  beginning  and  increased  in 
width  the  same  as  aisles  having  seats  on  both  sides. 

1990.  Sec.  201.     Capacity  of    the    Foyers. — The  aggregate 

capacity  of  the  foyers,  lobbies,  corridors,  passages  and  rooms 
for  the  uses  of  the  audience,  not  including  aisle  space  between 
seat-,  shall,  on  each  floor  or  gallery  he  sufficient  to  contain  the 
entire  number  to  he  accommodated  on  said  Hour  or  gallery,  in 
the  ratio  of  one  hundred  and  fifty  superficial  feet  of  floor  room 
for  every  one  hundred  persons. 

1991.  Sec.  202.  Exits. —  Every  theater  accommodating 
three  hundred  persons  shall  have  at  least  two  exits;  when  ac- 
commodating five  hundred  persons,  at  leasl  three  exits  shall  he 

provided.      These  exits  not    referring  to  or  including  the  exits 

to  the  open  conn  at  the  side  of  the  theater. 

A   common   place   of  exit    and   entrance   nia\    serve    for   the 
main    floor   of   the   auditorium    and    the    firsl    balcony,    provided 

ii-  capacity  1m-  equal  to  the  aggregate  capacit)  of  the  main 
Boor  and  balcony,  namely,  that  there  shall  he  eighteen  inches 
of  exil  for  every  hundred  people  or  frai  tion  Hi'  n 

All  theater  exits  shall  In-  distinct!)    marked  "Exit"  with 
letters  nol  less  than  six  inches  high  and  with  a  distinguishing 


750 

Utter,  .1-  "  \."  1'-".  etc.  I  Mi  ever)  programme  shall  be  printed 
instructions  to  the  audience  as  to  the  location  of  exits  and  des- 
ignating which  exit  is  best  available  From  the  different  sec- 
tions "i"  ili\i>i<>ns  of  the  house. 

1992.  Sec.  203.  Size  of  Exit  Doors. —  Doorways  of  exit  or 
entrance  for  the  use  of  the  public  shall  not  be  less  than  five  feet 
in    width,  ami    for  every   additional  one   hundred  persons,  or 

ion  thereof,  to  he  accommodated,  in  excess  of  five  hundred, 
an  aggregate  of  twenty  inches  additional  width  of  exit  and 
di "  >rs  must  be  allowed. 

1993.  Sec.  204.  Main  Floor  and  First  Gallery  Exits,— 
A  common  place  of  exit  and  entrance  may  serve  for  the 
main  floor  of  the  auditorium  and  the  first  gallery,  provided  its 
capacity  be  equal  to  the  aggregate  capacity  of  the  outlets  from 
the  main  floor  and  the  said  gallery. 

1994.  Sec.  205.  Width  of  Passage  Leading  to  Stairways. — 
No  pas>age  leading  to  an}'  stairway  communicating  with  any 
entrance  or  exit  shall  be  less  than  four  feet  in  width  in  any 
part  thereof. 

1995.  Sec.  206.  Stairways. — All  stairways  within  the 
building  shall  be  constructed  of  fire  proof  material  throughout. 
Stairways  serving  for  the  exit  of  fifty  people,  must,  if  straight, 
be  at  least  fonr  feet  wide  ;  and  if  curved  or  winding,  five  feet 
wide :  and  for  every  additional  fifty  people  to  be  accommo- 
dated, six  inches  must  be  added  to  their  width.  The  width 
of  all  stairs  shall  be  measured  in  the  clear  between  the  hand 
rails.  In  no  case  shall  the  riser  of  any  stair  exceed  seven  and 
one-half  inches  in  height,  nor  shall  the  treads,  exclusive  of  the 
nosings,  be  less  than  ten  and  one-half  inches  in  straight  stairs, 
and  in  winding  stairs  the  width  of  the  tread  at  the  narrowest 
end  shall  not  be  less  than  seven  inches. 

■\\  here  the  seating  capacity  is  for  more  than  one  thou- 
sand  people,   there   shall   be   at   least   tw^o   independent   stair- 

-.  with  direct  exterior  outlets,  provided  for  each  gallery  in 
the  auditorium,  where  there  are  not  more  than  two  galleries; 
and  the  same  shall  be  located  on  opposite  sides  of  said  gal- 
leries. 


751 

Where  there  are  more  than  two  galleries,  one  or  more 
additional  stairways  shall  be  provided,  the  outlets  from  which 
shall  connect  directly  with  the  principal  exit  or  other  exterior 
outlets. 

All  said  stairways  shall  be  of  width  proportionate  to  the 
seating  capacity,  as  elsewhere  herein  prescribed. 

Where  the  seating  capacity  is  for  one  thousand  people 
or  less,  only  two  direct  lines  of  stairs  will  be  required,  located 
on  opposite  sides  of  the  galleries,  and  in  both  cases  shall  ex- 
tend from  the  sidewalk  level  to  the  upper  gallery,  with  outlets 
from  each  gallery  to  each  of  said  stairways. 

1996.  Sec.  207.  Stage  Stairways. — At  least  two  independ- 
ent stairways,  with  direct  exterior  outlets,  shall  be  provided 
for  the  service  of  the  stage,  and  shall  be  located  on  opposite 
sides  of  the  same. 

1997.  Sec.  208.  Open  Stairways. — Stairs  leading  to  the 
first  or  lower  gallery  must  be  left  open  on  one  side,  in  which 
case  they  shall  be  constructed  as  herein  provided  for  similar 
stairs  leading  from  the  entrance  hall  to  the  main  floor  of  the 
auditorium.  But  in  no  case  shall  stairs  leading  to  any  gal- 
lery be  left  open  on  both  sides. 

1998.  Sec.  209.     Stair  Landings. — When  straight  stairs  re- 
turn directly  on  themselves,  a  landing  without  any  steps,  the 
full  width  mi"  both  flights,  shall  be  provided.      Stairs  turning  at 
an  angle   shall  have  a  proper  landing  without    winders  intro 
duced  at  the  turn. 

When  two  flights  of  stairs  conned  with  one  main  flight. 
no    winder    shall    be    introduced,    and    the    width    of    the    mam 

flight  shall  be  a1  leasl  equal  to  the  aggregate  width  of  the 
side  flighl  -. 

All   stairs  shall  have  proper  landings  introduced  al   con 

venienl  distances. 

1999.  Sec.  210.  Stair  Hand  Rail.— All  inclosed  stairways 
shall  have,  on  both  rong  hand  rails,  linuh  secured  to 
the  wall,  aboul  three  inches  distanl  therefrom  and  aboul  three 
feel  high  above  the  stairs,  bul  said  hand  rails  shall  nut  bi 
quired  on  level  platforms  and  landings  where  the  same  is  of 
greater  length  than  the  width  of  the  stairs. 


All  stairways  eight  Feet  and  over  in  width  shall  be  pro- 
vided with  a  centra]  rail  <>t"  metal  or  hard  wood,  not  less  than 
two  inches  in  diameter,  placed  at  a  height  of  about  three  feet 

e  the  center  of  the  treads,  and  supported  on  wrought 
metal  or  brass  standards  of  sufficient  strength,  and  securely 
bolted  to  the  treads  or  risers  of  stairs,  or  both,  and  at  the 
head*  of  each  flight  of  stairs,  ami  on  each  side  of  the  landing, 
the  •  -  standard  shall  be  at  least  six  feet  in  height,  and  the 
rail  shall  he  secured  to  such  post. 

2000.  Sec.  211.  Steam  Boiler. — Xo  steam  boiler  which  may 
he  required  for  heating  or  other  purposes  shall  be  located  tin- 
der the  auditorium  or  stage  part  of  the  building,  and  the  space 

tted  to  the  same  shall  he  inclosed  by  walls  of  masonry  on 
both  sides,  and  the  ceiling  of  such  space  shall  be  constructed 
en  rire  proof  materials.  All  doorways  in  said  walls  shall  have 
tire  proof  doors. 

2001.  Sec.  212.  Heating. — Xo  floor  register  for  heating 
shall  be  permitted  in  aisles  or  passage  ways.  Xo  coil  or  ra- 
diator shall  be  placed  in  any  aisle  or  passage  way  used  as  exit; 
but  said  coils  and  radiators  shall  be  placed  in  recesses  formed 
in  the  wall  or  partition  to  receive  the  same. 

All  supply,  return  or  exhaust  pipes  shall  be  properly  in- 
cased and  protected  where  passing  through  floors  or  near 
woodwork. 

2002.  Sec.  213.  Stand  Pipes  and  Pumps.— Stand  pipes 
four  inches  in  diameter  shall  be  provided  with  hose  attach- 
ments on  every  floor  and  gallery,  as  follows,  namely:  One  on 
each  side  of  the  auditorium  in  each  tier ;  also  on  each  side  of 
the  stage  in  each  tier,  and  at  least  one  in  the  property  room, 
and  one  in  the  carpenter  shop,  if  the  same  to  be  contiguous  to 
the  building.  All  stand  pipes  shall  be  kept  clear  from  obstruc- 
tion. Said  stand  pipes  shall  be  separate  and  distinct,  receiving 
their  supply  of  water  direct  from  the  street  main,  and  shall  be 
fitted  with  regulation  couplings  of  the  fire  department,  and  be 
ready  for  immediate  use  at  all  times  during  a  performance  in 
said  building. 

Provided,  however,  that  if,  on  account  of  the  pressure  in 
the  water  mains  or  on  account  of  the  size  of  the  theater,  larger 


753 

or  smaller  stand  pipes  are  required,  the  size  of  the  -land  pipes 
and  hose  may  be  changed  on  the  written  order  of  the  Chief  of 
the  Fire  Department. 

If  in  the  opinion  of  the  Commissioner  of  Public  Works, 
the  city  water  supply  does  not  furnish  sufficient  pressure  to 
give  adequate  fire  protection,  fire  pumps  of  the  proper  capacity 
to  furnish  a  fire  stream  at  each  and  all  of  the  different  hose 
connections  provided  by  the  ordinance,  must  be  provided. 

2003.  Sec.  214.  Fire  Hose. — A  proper  and  sufficient  quan- 
tity of  two  and  one-half  (2}i  >  inch  hose,  fitted  with  the  regu- 
lation couplings  of  the  fire  department,  and  with  nozzles  at- 
tached thereto,  and  with  hose  spanners  at  each  outlet,  shall 
always  be  kept  attached  to  each  hose  attachment. 

Smaller  hose  may  be  used  if  in  the  opinion  of  the  Chief 
of  the  Fire  Department  it  should  be  permitted. 

2004.  Sec.  215.  Fire  Extinguishers. — There  shall  also  be 
provided  portable  fire  extinguishing  apparatus,  and  at  least 
four  axes,  and  two  twenty-five-foot  honks,  two  fifteen-foot 
hooks,  and  two  ten-foot  hooks,  on  each  tier  or  floor  of  the 
stage. 

There  shall  be  kept  ready  for  immediate  use  On  the  Stage 
at  lca-l  four  casks  full  of  water,  and  two  buckets  to  each  cask. 
Such  casks  and  buckets  shall  be  painted  red. 

2005.  Sec.  216.  Fire  Alarm  Boxes. —  Every  theater  musl 
be  provided  with  a  lire-alarm  box.  located  either  on  the  stage 

or  in  the  box  office,  connected  directl)  with  the  cit)  lire  alarm 
S)  5t( 

2006.  Sec.  217.     Lighting. —  Every  portion  of  the  building 
•ted  i"  the  uses  or  accommodations  of  the  public,  also  all 

outlets  leading  to  the  streets,  including  the  open  courl  and  i  <" 
ridors,  shall  be   well  and  properly  lighted  during  ever}    per 
formance,  and  tin-  same  -■hall  be  lighted  until  the  entire  audi 
ence  has  hit   the  premises.      Ml  gas  or  electric  lights  In  the 
hall-,  lobby  mt  other  pari  d  buildings  \^><\  by  the  audi 

ence,  excepl  the  auditorium,  musl  be  controlled  l>\  a  separate 
»flf,  located  in  the  lobby,  and  controlled  onlj    in  thai  par 
ticular  place,  and  a  sufficient    number  of  lights  in   the  audi 
torium  for  emergenc)  purposes,  includ  '1  light  ovei  ea<  h 


754 

must  be  controlled  1>\   a  separate  cut-off,  located  in  the 
lobby    or   box   office,   and   controlled  only   in   that   particular 

place. 

2007.  Sec.  218.  Gas  Mains. — The  gas  mains  supplying  the 
building  shall  have  independent  connections  for  the  auditorium 
and  the  stage,  and  provisions  shall  be  made  for  shutting  off 
the  gas  from  the  outside  of  the  building. 

2098.  Sec.  219.  Method  of  Lighting  Gas. — When  interior 
gas  lights  are  not  lighted  by  electricity,  other  suitable  appli- 
ances, approved  by  the  Commissioner  of  Public  Works,  shall 
be  provided. 

2009.  Sec.  220.  Protecting  Lights. — All  suspended  or 
bracket  gas  lights  surrounded  by  glass,  in  the  auditorium  or 
any  part  of  the  building  devoted  to  the  use  of  the  public,  shall 
be  provided  with  proper  wire  netting  underneath. 

No  gas  or  electric  light  shall  be  inserted  in  the  wralls, 
woodwork,  ceilings,  or  any  part  of  the  building,  unless  pro- 
tected by  fire-proof  materials.  All  lights  in  passages  and  cor- 
ridors in  said  building,  and  wherever  deemed  necessary  by 
the  Commissioner  of  Public  Works,  shall  be  protected  by 
proper  wire  net  works. 

2010.  Sec.  221.  Foot  Lights  and  Stage  Lights.— All  foot 
lights,  except  ele.ctric  lights,  in  addition  to  the  wire  net  .work, 
shall  be  protected  with  a  strong  wire  guard  and  chain,  placed 
not  less  than  two  feet  distant  from  said  foot  lights,  and  the 
trough  within  which  said  lights  are  placed  shall  be  formed  of 
and  surrounded  by  fire-proof  materials.  All  border  lights 
shall  be  constructed  according  to  the  best  known  methods,  and 
subjected  to  the  approval  of  the  Commissioner  of  Public 
Works,  and  shall  be  suspended  for  ten  feet  by  wire  rope.  All 
ducts  or  shafts  used  for  conducting  heated  air  from  the  main 
chandelier,  or  from  any  other  light  or  lights,  shall  be  con- 
structed of  metal  and  made  double,  with  an  air  space  between. 

All  stage  lights,  except  electric  lights,  shall  have  strong 
metal  wire  guards  or  screens,  not  less  than  ten  inches  in  diam- 
eter, so  constructed  that  any  material  in  contact  therewith 
shall  be  out  of  reach  of  the  flames  of  said  stage  lights,  and  the 
said  guards  must  be  soldered  to  the  fixture  in  all  cases. 


755 

2011.         Sec.  222.     Controlled  by  the  Fire  Department.— The 

stand  pipes,  gas  pipes,  electric  wires,  hose,  foot  lights,  ami  all 
apparatus  for  the  extinguishing  of  fire  or  guarding  against  the 
same,  as  in  this  code  specified,  shall  be  in  charge  of  and  under 
the  control  of  the  fire  department ;  and  the  chief  of  said  de- 
partment, in  connection  with  the  Commissioner  of  Public 
\\  c  rks,  is  hereby  directed  to  see  that  the  arrangements  in 
respect  thereto  are  carried  out  and  enforced. 

It  shall  be  obligatory  on  the  manager  of  each  theater  to 
have  his  employes  fully  instructed  as  to  what  should  be  dune 
in  case  of  fire  or  panic,  and  to  institute  a  weekly  drill  of  all 
of  said  employes  in  the  presence  of  an  officer  of  the  fire  de- 
partment,  to   test   their   efficiency. 

(As  amended  by  Ord.  2446,  approved   May   1!),  1001.) 


PART  XXVI. 
Plumbing,   Drainage,  Gas  Fitting,    Ventilation    and    Repairs. 

2012.  Sec.  223.  Drainage  and  Plumbing. — The  drainage, 
ventilation,  plumbing  and  gas  fitting  of  all  buildings,  both  pub- 
lic and  private,  shall  be  executed  in  accordance  with  the  rules 
and  regulations  of  this  Code. 

2013.  Sec.  224.  Licenses. —  X"  person  shall  carry  on  the 
business  of  plumbing,  or  engage  in  conducting  plumbing  or 
house  drainage,  until  he  or  they  shall  obtain  a  license  as  such 
plumber  From  the  Commissioner  of  Public  Works. 

Ever)  person  or  persons  making  application  for  a  license 
t  i  carry  on  tin-  business  of  plumbing  shall  accompan)  his  or 
their  application  with  a  certificate  of  competency  issued  by 
the  State  Board  of  Commissioners,  of  practical  plumbers,  and 
with  a  bond  with  two  or  more  sureties,  or  some  suret)  com- 
pany, approved  b)  the  Mayor  of  the  City  of  St.  Paul,  in  the 
sum  of  five  hundred  dollars,  conditioned  thai  he  or  the)  will 
indemnify   and  save  harmless  the  Citv  of  St.    Paul   from  all 

or  damage  by  reason  of  accidents  caused  by  the  negli 
gence  in  either  exe<  ution  or  direction  of  work,  and  for  unfaith 
ful  or  inadequate  work  done  by  or  under  the  direction  of    aid 

applicant   i  ir  applicant  5, 


rati 

Such   person   or   persons   making  such   application  for  a 

3i    shall  also  register  his  or  their  name  and  business  ad- 
s  upon   forms  prescribed  by  the  Commissioner  of  Public 
Works,  and  shall  thereupon  receive  such  license. 

2014.  Sec.  225.  Permits. — Every  plumber  before  doingf 
any  work  in  any  building  shall  obtain  a  permit  from  the  Com- 

oner  of  Public  Works,  except  in  case  of  repairs 

2015.  Sec.  226.  Repairs. — Repairs  shall  be  taken  to  mean 
repairing  or  replacing  of  an  old  fixture  by  a  new  one,  to  be 

for  the  same  purpose;  forcing  out  wastes  and  repairing 
leaks  in  waste  pipes ;  but  such  repairs  or  alterations  shali  not 
be  construed  to  include  cases  where  new  vertical  or  horizontal 
lines  of  soil,  waste,  vent,  or  leader  pipe  are  proposed  to  be 
used. 

Provided,  that  in  a  building  condemned  by  the  Health 
Department  because  of  unsanitary  conditions,  no  plumbing 
shall  be  considered  as  coming  under  the  head  of  repairs,  but 
all  such  plumbing  shall  be  done  as  in  the  case  of  new  buildings. 

2016.  Sec.  227.  Definition  of  Terms.— The  term  "Private 
Sewers"  is  applied  to  main  sewers  that  are  not  constructed 
1  y  and  under  the  supervision  of  the  Commissioner  of  Public 
Works  and  City  Engineer. 

The  term  "House  Sewer"  is  applied  to  that  part  of  the 
main  drain  or  sewer  extending  from  a  point  two  feet  outside 
of  the  outer  wall  of  building  vault  or  area  to  its  connection 
with  the  public  sewer,  private  sewer  or  cess-pool. 

The  term  "House  Drain"  is  applied  to  that  part  of  the 
main  horizontal  drain  and  its  branches  inside  the  walls  of  the 
building,  vault  or  area,  and  extending  to  and  connecting  with 
the  house  sewer. 

The  term  "Soil  Pipe"  is  applied  to  any  vertical  line  of  pipe 
extending  through  the  roof,  receiving  the  discharge  of  one  or 
more  water  closets,  with  or  without  other  fixtures. 

The  term  "Waste  .Pipe"  is  applied  to  any  pipe  receiving 
the  discharge  from  any  fixtures  except  water  closets. 

The  term  "Vent  Pipe"  is  applied  to  any  special  pipe  pro- 
vided to  ventilate  the  system  of  piping,  and  to  prevent  trap 
syphonage  and  back  pressure. 


757 

2017.  Sec.  228.  Materials  and  Workmanship. — All  male- 
rials  must  be  of  the  best  quality,  free  from  defects,  and  all 
work  must  be  executed  in  a  thorough  workmanlike  manner. 

All  cast  iron  pipes  and  fittings  must  be  sound,  cylindrical 
and  smooth,  free  from  cracks,  sand  holes  and  other  defects, 
and  of  uniform  thickness,  and  of  the  grade  known  in  com- 
merce as  "extra  heavy." 

Said  pipe,  including  the  hub,  shall  weigh  not  less  than  the 
following  average  weights  per  lineal  foot: 

Weight  Per 
Diameter.  Lineal  Foot. 

2  inches 5       pounds. 

3  inches 9       pounds. 

I   inches 12>4  pounds. 

5  inches 16  pounds. 

6  inches . 19  pounds. 

]  i  nches 26  pounds. 

8  inches 32  pounds. 

10  inches 44       pounds. 

12  inches 53       pounds. 

All  joints  must  be  made  with  picked  oakum  and  molten 
lead,  and  be  thoroughly  caulked  and  made  gas-tight. 

All  wrought  iron  and  steel  pipes  must  be  equal  in  weight 
and  qualit)  to  "Standard."  and  musl  be  properly  tested  by  the 
manufacturer.  No  plain  black  pipe  will  be  permitted.  All 
wroughl  iron.and  steel  pipe  must  be  galvanized. 

Fittings  for  vent  pipes  on  wrought  iron  and  steel  pipes 
may  be  the  ordinary  cast  or  malleable  steam  and  water  fit- 
tin--. 

Fittings  for  wroughl  iron  and  steel  waste  or  soil  and 
refrigerator  waste  pipe-,  may  be  special  extra  heavy  casl  iron 
sed  and  threaded  drainage  fittings  with  smooth  interior 
water  way  and  threads  tapped,  so  as  to  give  a  uniform  grade 
to  branches  of  nol  less  than  one  fourth  of  an  inch  per  fool 
All  fittings  for  wroughl  iron  or  steel  pipe  must  be  galvanized. 

All  joints  to  be  screwed  joints,  and  the  burr  formed  in 
cutting  must  be  carefulh  reamed  out. 


'    3 

All  brass  pipes  for  soil,  waste  and  vent  pipes  and  solder 
nipples  must  be  thoroughly  annealed,  seamless,  drawn,  brass 
tubing  of  standard  iron  pipe  gauge. 

Threaded  connections  on  brass  pipe  must  be  of  the  same 

as  iron  pipe  threads  for  same  size  of  pipe,  and  be  tapered. 

Brass  ferrules  must  be  of  best  quality,  extra  heavy  cast 
brass,  not  less  than  four  inches  long,  and  two,  three  and  four 
inches   in  diameter. 

(.  )ne  and  one-half  inch  ferrules  will  not  be  permitted. 
lering  nipples  must  be  of  heavy  cast  brass,  or  of  brass 
pipe,  iron  pipe  size. 

Brass  screw  caps  for  clean-outs  must  be  extra  heavy,  not 
less  than  one-eighth  of  an  inch  thick.  The  screw  cap  must 
have  a  solid  square  nut.  The  body  of  the  clean-out  ferrule 
must  be  at  least  equal  in  weight  and  thickness  as  the  caulking 
ferrule  for  same  size  of  pipe. 

Where  clean-outs  are  required  by  the  rules  and  by  the 
approved  plans,  the  screw  cap  must  be  of  brass.  The  engag- 
ing parts  must  have  not  less  than  six  threads  of  iron  pipe  size, 
and  be  tapered.  Clean-out  must  be  of  full  size  of  trap,  up  to 
four  inches  in  diameter,  and  not  less  than  four  inches  for 
larger  pipes.  Clean-outs  may  be  made  with  iron  covers, 
bolted  on  with  rubber  gaskets  with  brass  bolts  and  nuts. 

Lead  pipes  may  be  used  for  short  branches  of  the  soil 
and  waste  pipes,  bends  and  traps,  and  roof  connections  of 
inside  leaders.  No  waste  pipe  smaller  than  one  and  one- 
quarter  inch  shall  be  allowed,  and  only  for  one  fixture ;  where 
two  or  more  fixtures  are  connected  on  one  waste  pipe,  the  said 
waste  pipe  must  be  increased  one  size  for  each  fixture. 

All  connections  between  lead  pipes,  and  between  lead 
and  brass  or  copper  pipes,  must  be  made  by  means  of 
'"wiped"  soldered  joints.  Connections  between  lead  and  iron 
pipe  must  be  made  with  a  brass  ferrule,  with  a  screwed  or 
caulked  joint. 

All  lead  waste,  soil,  vent  and  flush  pipes  must  be  of  the 
best  quality,  and  not  less  than  the  following  weights  per  lineal 
foot: 


59 


Weights   Per 
Diameters.  Lineal  Foot. 

1*4  inches 2}  £  pounds. 

lYz  inches 3       pounds. 

2  inches 4       pounds. 

3  inches 6       pounds. 

4  and  4*/2  inches 8       pounds. 

All  lead  traps  and  bends  must  be  of  the  same  weights  and 
thickness  as  their  corresponding"  pipe  branches.  Sheet  lead 
for  roof  flashing'  must  not  be  less  than  four-pound  lead,  and 
must  extend  not  less  than  six  inches  from  the  pipe,  and  the 
joint  made  water-tight.     Galvanized  roof  sheets  may  be  used. 

Copper  tubing,  when  used  for  inside  leader  roof  connec- 
tion, must  be  seamless  drawn  tubing,  not  less  than  No.  22 
gauge,  and  when  copper  is  used  for  roof  flashings,  it  must  be 
nut  less  than  No.  18  gauge. 

2018.  Sec.  229.  Connections  with  Sewer. —  Every  building, 
house  or  store  shall  be  separately  and  independently  connected 
witb  the  public  sewer,  when  such  sewer  is  provided;  when 
such  sewer  is  not  provided,  drain  pipes  from  buildings  may  be 
connected  with  cess-pools,  constructed  for  that  purpose;  pro- 
vided, however,  that  no  water  closet  shall  he  connected  to  a 
leaching  cess  p<  >ol. 

When  tlie  city  shall  construct  a  sewer  which  is  accessible 
to  abutting  property,  all  systems  of  drainage  shall  he  con 
nected  directly  to  the  same  within  a  period  not  exceeding 
twelve  months  from  the  time  of  the  completion  of  tin-  sewer, 
and  all  permits  for  vaults,  cess  pools,  or  other  system  of  drain- 
hall  thereafter  become  null  and  void. 

All  pipe  above  ground  must  he  supported  on  brick  piers 
or  by  heavy  iron  hangers  from  the  cellar  ceiling  beams,  the 
said  hangers  to  he  at  intervals  of  not  more  than  ten 

In  every  building  where  there  is  a  leader  connected  to 
the  drain,  there  musl  be  at  leasl  one  four  inch  pipe  extending 
ah' >\ <   tin-  roof  for  ventilation. 

2019.  Sec.  230.  Leaders. —  Inside  leaders  must  he  made  of 
casl    iron,   wroughl    iron   or   steel,   with    roof  connections   made 

gas  ami  water  tighl  by  means  of  heav)  lead  or  copper  drawn 


760 

tubing,  wiped  or  soldered  to  brass  ferrules,  or  nipples  caulked 

:rewed  into  the  pipe. 

When  outside  leaders  of  sheet  metal  are  connected  with 
the  house  drain,  they  must  he  so  connected  by  means  of  cast 
iron  pipe  extending  vertical!}  two  Feet  six  inches  above  the 
grade  level. 

All  metallic  leaders  for  conducting  water  from  roof  to 
street  gutter  shall  be  put  in  in  such  a  manner  as  shall  protect 
the  walls  and  foundation  from  damage,  and  in  no  case  shall 
the  water  from  such  leaders,  or  from  the  roof,  be  allowed  to, 
flow  upon  the  sidewalk,  but  leaders  shall  be  connected  by 
drain  pipes  to  the  sewer. 

All  leaders  must  be  trapped  with  cast  iron  traps,  with 
pr<  >per  clean-outs. 

Rain  water  leaders  must  not  be  used  as  soil,  waste  or 
vent  pipes,  nor  shall  any  such  pipe  be  used  as  a  leader. 

2020.  Sec.  231.  House  Sewer,  Drain  and  Trap. — Old  house 
sewers  can  be  used  in  connection  with  new  buildings,  or  new 
plumbing,  only  when  they  are  found,  on  examination  by  the 
Plumbing  Inspector,  to  conform  in  all  respects  to  the  require- 
ments   governing    new    sewers. 

When  a  proper  foundation,  consisting"  of  a  natural  bed 
of  earth,  rock,  etc.,  can  be  obtained,  the  house  sewer  can  be 
i  >f  earthenware  pipe. 

"Where  the  ground  is  made  or  filled  in,  and  there  is  danger 
settlement  from  any  cause,  the  house  sewer  must  be  of 
extra  heavy  cast  iron  pipe,  with  lead  caulked  joints. 

Tin-  house  drain  and  its  branches  must  be  of  extra  heavy 
cast  iron,  when  under  ground,  and  of  extra  heavy  cast  iron  or 
galvanized  wrought  iron  or  steel,  when  above  ground. 

The-  house  drain  must  he  properly  connected  with  the 
house  sewer  at  a  point  at  least  two  feet  outside  the  outer  wall, 
vault  or  area  wall  of  the  building. 

No  steam  or  exhaust,  blow-off  or  drip  pipe  shall  be  con- 
nected with  the  house  drain  or  sewer.  Such  pipes  must  first 
discharge  into  a  proper  catch  basin,  and  from  this  a  proper 
outlet   to   the    drain    must    be    provided,    with    trap    and   back 

sure  valve,  and  with  vapor  pipe  to  the  outer  air;  provided, 
that  in  case  of  low  pressure  steam  or  hot  water  house  heating 
plants,  such  connections  may  be  made  to  the  sewer  direct. 


761 

The  howse  drain  and  sewer  must  be  run  as  direct  as  pos- 
sible, with  a  fall  of  at  least  one-quarter  of  an  inch  per  foot,  all 
changes  in  direction  to  be  made  with  proper  fittings,  and  all 
connections  made  with  "Y"  branches  and  %  or  1-16  bends  or 
sanitary  tees. 

The  house  sewer  and  house  drain  must  be  at  least  four 
inches  in  diameter,  where  water  closets  discharge  into  them. 

Full  size  "Y"  and  "T"  branch  fittings  for  hand-hole  clean- 
outs  must  be  provided  where  required  on  house  drain  and  its 
branches. 

2021.  Sec.  232.  Sub-Surface  Drains.— \Y here  sub-surface 
diains  are  placed  under  any  building,  said  drain  shall  be  con- 
structed of  drain  tile,  and  shall  connect  to  water-tight  catch 
basin,  covered  with  stone,  flag,  or  iron  cOver. 

The  outlet  pipes  of  said  catch  basin  shall  be  properly 
trapped  and  connected  with  the  house  drain.  Said  outlet  pipe 
shall  be  provided  with  a  back  pressure  valve  or  stop  cock,  size 
to  be  not  less  than  three  inches. 

2022.  Sec.  233.  Soil  and  Waste  Pipes.— All  main,  soil, 
waste  <ir  vent  pipes  must  be  of  iron,  steel  or  brass. 

When  tlu-y  receive  the  discharge  of  any  fixtures  on  any 
floor  above  the  first,  they  must  be  extended  in  full  calibre 
at  least  one  foot  above  the  highest  window  in  any  pitched 
roof,  and  eighteen  inches  above  any  Hat  roof.  When  less  than 
four  inches  in  diameter  they  musl  he  enlarged  t"  four  inches 
at  a  poinl  not  less  than  one  foot  below  the  roof  surface  by  an 
increase]-  not   less  than  nine  inches  long. 

Yo  cap-,  cowl-  or  h'-n. Is  shall  he  affixed  to  the  top  of  such 

pipe. 

Soil  and  waste  pipes  musl  have  proper  'A'"  branches  or 
sanitary  tee-  for  all  fixture  connections.  Yo  connection  to 
li  ad  branches  for  water  closets  or  slop  sink's  will  he  permitted, 

pi  the  required  branch  vent. 

Branch  soil  and  waste  pipe  musl  have  a  fall  of  at  hast 
one  quarter  of  an  inch  per  foot. 

Short  "TV  branches  will  he  permitted  on  vertical  lines 
only.  Long  one  quarter  bends  ami  Ion-  "TY's"  are  permitted. 
Short  one  quarter  bends  and  double  hubs ;  shorl  roof  increasera 

and  hands  and   saddle-  are  prohibited. 


The  diameter  of  soil  and  waste  pipes  must  be  not  less 
than  those  given  in  the  following  tabic: 

Main    soil    pipes.     !    inches. 

Branch  soil  pipes,   1  inches. 

Main  soil  pipes  For  water  closets  on  five  or  more  floors, 
5  inches. 

Main  waste  pipes,  2  inches. 

Main  waste  pipe-  For  kitchen  sinks  on  five  or  more  floors, 
3  inches. 

Branch  waste  pipes  for  laundry  tubs,  \]/i  inches. 

1 '.ranch  wastes  for  kitchen  sinks,  1T4  inches. 

Branch  wastes  for  urinals,  V/2  inches. 

Branch  waste  for  other  fixtures,  \l/\  inches. 

2022a.  Sec.  234.  Vent  Pipes. — All  traps  must  be  protected 
from  syphonage  and  back  pressure,  and  the  drainage  system 
ventilated  by  special  lines  of  vent  pipes. 

All  vent  pipe  lines  and  main  branches  must  be  of  iron, 
steel  or  brass.  They  must  be  increased  in  diameter  and  ex- 
tended above  the  roof  as  required  for  waste  pipes.  They 
must  be  connected  with  adjoining  soil  or  wraste  line  well  above 
the  highest  fixture,  but  this  will  not  be  permitted  where  there 
are  other  fixtures  on  more  than  six  floors.  All  lines  must  be 
connected  at  the  bottom  with  a  soil  or  waste  pipe  or  the  drain 
ir  such  a  manner  as  to  prevent  the  accumulation  of  rust  or 
scale. 

Branch  vent  pipes  should  be  kept  above  the  top  of  all 
connecting  fixtures,  to  prevent  the  use  of  vent  pipes  as  soil 
or  waste  pipes.  Branch  vent  pipes  should  be  connected  as 
near  the  crown  of  the  trap  as  possible. 

Earthenware  traps  for  water  closets  and  slop  sinks  must 

entilated  from  the  branch  soil  or  waste  pipe  just  below 
the  trap,  and  this  branch  vent  pipe  must  be  so  connected  as  to 
prevent  obstruction,  and  no  waste  pipe  connected  between  it 
and  the  fixture.      Earthenware  traps  must  have  no  vent  horns. 

Xo  sheet  metal,  brick  or  other  flue  shall  be  used  as  a  vent 
pipe. 

The  size  of  vent  pipes  throughout  must  not  be  less  than 
the  following : 


763 

For  veut  pipes  outside  of  water  closets,  shall  not  be  less 
than  one  and  one-quarter  inches  for  twenty  feet  :  one  and  one- 
half  inches  for  thirty  additional  feet:  two  inches  for  forty  ad- 
ditional feet;  and  three  inches  for  sixty  additional  feet.  When 
two  fixtures  connect  into  one  vent,  such  connections  shall  be 
of  not  less  than  one  and  one-half  inch  pipe;  where  three  or 
more  fixtures  connect,  such  connections  shall  be  not  less  than 
two-inch  pipe;  but  air  pipes  for  water  closet  traps  shall  not  be 
less  than  two-inch  bore  for  forty  feet  or  less,  and  of  not  less 
than  three-inch  bore  for  more  than  sixty  feet  or  less. 

2023.  Sec.  235.  Traps. — Every  fixture  must  be  separately 
trapped  by  a  water  sealing  trap  placed  as  close  to  the  fixture 
outlet  as  possible. 

A  set  of  wash  trays  may  connect  with  a  single  trap,  or 
into  the  trap  of  an  adjoining  sink;  provided,  that  both  sink 
and  tub  waste  outlets  are  on  the  same  side  of  the  waste  line, 
and  the  sink  is  nearest  the  line.  When  so  connected,  the 
waste  pipe  from  the  wash  trays  must  not  pass  through  more 
than  one  trap  before  reaching  the  house  drain.  All  traps 
must  be  well  supported  and  set  true  with  respect  to  their 
water  levels.  All  fixtures,  other  than  water  closet  and  urinals, 
must  have  strong  metallic  strainers  or  bars  over  the  outlets. 
to  prevent  obstruction  of  waste  pipe. 

All  exposed  or  accessible  traps,  except  water  closet  traps, 
must  have  brass  trap  screws  for  cleaning  the  trap  placed  or 
the  inlet  side,  or  below  the  water  level. 

All  iron  traps  for  house  drain,  yard  or  other  drains,  and 
leaders,  musl  be  traps  with  hand-hole  clean  outs,  and  of  full 
size  of  the  traps  when  the  same  are  less  than  five  inches. 

All  traps  underground  must  he  made  accessible  1>\   man 

holes,   with   proper  covers. 

Overflow    pipes    from    fixtures    musl    in    all    cases    he    eon 

nected  on  the  inlel   3id<   of  the  1  raps. 

All  earthenware  traps  must  have  heavy  brass  floor  plates, 

•soldered  to  the  lead  hends  and  halted  to  llie  imp  flange,  and 
the  joint  made  tight.  No  putty  or  plaster  '-hall  he  used.  \'o 
dap  shall  he  placed  at  the  foot  "l"  the  main  soil  and  waste  pipe 
hues.      'Idle  size  of  the  traps  musl   ii"l   he  less  than  the  size  of 


764 

the  branch  wastes.  Traps  for  leaders,  areas,  floor  and  other 
drains  must  be  at  least  three  inches  in  diameter. 

Grease  traps  shall  be  constructed  under  the  kitchen  sink 
of  every  hotel,  restaurant  or  other  public  institution  where 
cooking  is  done. 

Traps  of  hath  tubs  must  be  placed  in  such  manner  that 
the  clean-out  is  in  plain  view  and  flush  with  the  floor. 

2024.  Sec.  236.  Safe  and  Refrigerator  Waste  Pipes.— Safe 
and  refrigerator  waste  pipes  must  be  of  galvanized  iron,  and 
nm  be  less  than  one  inch  in  diameter,  with  lead  branches  of  the 
same  size. 

2025.  Sec.  237.  Drip  and  Overflow  Pipes. — Drip  and  over- 
flow  pipes  from  safes  under  water  closets  and  other  fixtures, 
horizontal  water  pipes,  or  from  tanks  or  cisterns,  shall  be  run 
to  some  place  in  open  sight,  and  in  no  such  case  shall  any  such 
pipe  be  connected  directly  with  the  drain,  waste  pipe  or  soil 
pipe. 

The  branch  or  vertical  line  must  be  by  "Y"  fittings,  and 
be  carried  up  to  the  safe  with  as  much  pitch  as  possible. 

Lead  safes  must  be  graded  and  neatly  turned  over  bevel 
strips  at  their  edges. 

Where  there  is  an  offset  on  refrigerator  waste  pipe  in  the 
cellar,  there  must  be  clean-outs  to  control  the  horizontal  part 
of  the  pipe. 

2026.  Sec.     238.     Ventilation. — In     tenement    houses    and 
Mig  houses  a  water  closet  and  urinal  apartment  must  have 

a  window  opening  to  the  outer  air,  except  that  tenement  or 
Mi-  house,  three  stories  or  less  iw  height,  may  have  such 
window  opening  on  a  ventilation  shaft  not  less  than  ten  square 
feet  in  area. 

Tn  all  buildings  the  outside  partitions  of  such  apartment 
must  extend  to  the  ceiling  or  be  independently  ceiled  over, 
and  these  partitions  must  be  air  tight.  The  outside  partition 
must  include  a  window  to  the  outer  air  on  the  lot  whereon  the 
building  is  situated,  or  some  other  approved  means  of  ventila- 
tion must  be  provided.  When  necessary  to  properly  light  such 
apartment  the  upper  part  of  such   apartment  must  be  made 


T65 

of  glass.  The  interior  partitions  of  such  apartment  may  ln- 
dwarfed  partitions. 

The  closet  must  be  set  open  and  free  from  all  inclosing 
woodwork.  Where  water  closets  will  not  support  a  rim  seat, 
the  seat  must  be  supported  on  iron  legs,  and  a  drip  tray  must 
be  used. 

The  placing  of  pan.  plunger,  Ion-  hopper  or  latrine  type 
of  water  closets  inside  any  building  or  house  is  expressly  pro- 
hibited. 

The  connections  of  traps  must  be  made  to  main  soil,  waste 
or  vent  pipe  by  means  of  lead  caulked  or  screwed  joints. 

The  overflow  of  cisterns  shall  in  no  case  connect  with  any 
part  of  the  drainage  system. 

The  copper  linings  of  water  closets  and  urinal  cisterns 
must  not  be  lighter  than  ten-ounce  copper.  Water  closets 
and  flush  pipes  must  not  be  less  than  one  and  one-fourth 
inches,  and  urinal  flush  pipes,  one  inch  in  diameter,  and  if  of 
lead  must  not  weigh  less  than  two  and  one-half  pounds  and 
two  pounds  per  lineal  foot.  Flush  couplings  must  be  of  the 
full  size  of  the  pipe. 

All  urinals  must  be  constructed  of  materials  impervious 
to  moisture,  that  will  not  corrode  under  the  action  of  urine. 

The  platform  or  treads  of  urinal  stalls  must  not  be  con- 
nected to  the  plumbing  system.  Iron  trough  water  closets 
and  trough  urinals  must  be  enameled  or  galvanized. 

In  tenemenl  houses  and  lodging  houses  sinks  must  be 
entirely  open,  Oil  iron  legs  Or  brackets,  without  any  inclosing 
woodwork. 

2027.  Sec.  239.  Water  Supply  for  Fixtures.— All  water 
closets  or  other  plumbing  fixtures  musl  be  provided  with  a 
suflirii  ni  supply  of  water  for  flushing,  to  keep  them  in  proper 
and' cleanly  condition. 

2028.  Sec.  240.  Water  Supply  and  Fittings.— All  \ 
fitting-  musl  !><■  made  in  accordance  with  the  rules  an^  i 
lations  of  the   Board  of  Water  Commissions 

2029.  Sec.      241.     Inspection      of      Plumbing      Work.— All 
plumbing  work  musl  !><■  inspected  twice;  once  when  tin 
pipe,  venl  or  waste  pip1-  and  lead   work   is  roughed  in.  and 
again  when  the  fixtures  are  placed  and  tin-  work  completed. 


;r.i; 

When  the  plumbing  work  is  roughed  in,  an  air  test  of  ten 
pounds  to  the  square  inch  shall  be  placed  thereon  with  a  force 
pump,  the  pipe  being  closed  with  proper  testing  plugs.  Plas- 
ter of  Paris  and  oakum  not  being  allowed;  and  the  plumbing 
inspector  shall  be  notified  that  the  work  is  ready  for  inspec- 
tion, which  test  shall  constitute  the  first  inspection. 

After  the  fixtures  are  in  and  the  work  completed,  the  said 

ctor  shall  again  he  notified  to  that  effect,  and  he  shall  go 

over  all  the  work,  and  if  the  same  be  found  to  comply 'with  all 

the  requirements  of  this  ordinance  he  shall  give  the  plumber 

a  certificate  of  his  approval. 

2030.  Sec.  242.  Gas  Fittings.— The  following  table  shows 
the  proportionate  size  and  length  of  tubing  allowed  to  be  used 
in  any  building : 

Size  of  Greatest      Greatest  Number 

Tubing.  Length  Allowed,     of  Openings. 

^-inclv 20  feet.  2 

J^-inch    30  feet.  3 

inch 60  feet.  10 

1-inch    70  feet.  15 

1 ! 4-inch    100  feet.  30 

1^-inch    150  feet.  60 

2-inch    200  feet.  100 

2^-inch    200  feet.  200 

3-inch    200  feet.  300 

No  '^-inch  pipe  shall  be  concealed,  and  only  six  feet  for 
one  opening  can  be  used  as  risers  and  drops  for  bracket  lights 
of  unconcealed  work. 

The  rising  line  of  pipes  in  all  buildings  must  be  carried 
up  on  an  inside  partition  out  of  the  reach  of  frost,  and  must 
be  placed  where  the  meter  and  stop-cock  can  be  readily  got  at. 

All  openings  must  be  closed  with  iron  caps,  and  in  no 
case  will  lead  caps  be  allowed.  Xo  split  pipe  or  broken  fit- 
repaired  with  cement  or  lead  will  be  allowed.  All  pipes 
must  be  examined  by  the  Plumbing  Inspector  before  said  pipes 
are  concealed,  and  due  notice  must  be  given  by  the  fitter  when 
any  pipe  is  ready  for  inspection. 

The  gas  piping  in  any  building  shall  be  tested  air-tight 
first  when  roughing  in  is  completed,  and  second  when  the  en- 


767 

tire  building  is  completed  and  the  work  ready  for  gas  fixtures. 
Said  tests  shall  be  made  by  having  all  openings  closed  and 
subjecting  the  piping  to  an  air  pressure  test  that  will  support 
a  column  of  mercury  six  inches  in  height  at  least  twenty 
minutes,  provided  that  in  no  case  shall  spring  gauge  be  used. 
On  proof  of  a  satisfactory  test  the  Plumbing  Inspector 
shall  issue  a  certificate  of  inspection  covering  said  work. 

2031.  Sec.  243.  Gas  Brackets  (see  Sec.  89).— All  gas 
brackets  shall  be  placed  at  least  three  feet  below  any  ceiling" 
or  woodwork  unless  the  same  is  properly  protected  by  a  shield, 
in  which  case  the  distance  shall  not  be  less  than  eighteen 
inches. 

PART  XXVII. 

Electrical  Work. 

2032.  Sec.  244.  Permission  to  Enter  Buildings.— The  Elec- 
trical Inspector  and  Assistant  Inspector  shall  have  the  right 
at  any  time  to  enter  any  building  in  the  discharge  of  their 
official  duties,  or  for  the  purpose  of  making  any  electrical  tests 
of  the  apparatus  or  appliances  therein  contained,  and  for  that 
purpose  they  •-hall  hi'  given  prompt  access  to  all  buildings, 
public  and  private,  on  application  to  the  company  or  indi- 
vidual owning  or  in  charge  or  control  of  the  same. 

2033.  Sec.  245.  Wiring  of  Buildings.— \'o  alteration  or 
change  shall  be  made  in  the  wiring  of  any  building,  nor  shall 
any  building  within  the  limits  of  the  City  of  St.  Paul  he  wired 
for  the   placing  of  electric   lights,   motor  or  heating   devices, 

nor  shall  any  electrical  systems,  apparatus  or  devices  of  an\ 
kind    whatsoever   be    placed    or    put    in    operation    without    first 

securing  from  said  Electrical  Inspector  a  permit  therefor,  nor 
shall  any  change  be  made  in  an\  electrical  plant  after  inspec 
tion  without  first  notifying  said  inspector  and  securing  a  per 
mit  therefor.  Before  an}  electrical  work  of  am  kind  shall  he 
covered  up  or  in  an)  manner  concealed  from  view,  notice  oi 
the  intention  to  so  conceal  and  cover  up  >uch  work  musl  be 
given  to  --aid  Electrical  Inspector,  and  said  In  pectoi  mall 
approve  the  manner  of  covering  or  concealing  such  work  l" 

fore  the  same  he  covered   Up  and  c  Hicealed,  or  put    in 


;r.s 

2034.  Sec.  246.  Permit  and  Inspection. — Whenever  a  sys- 
tem of  electrical  wiring  is  to  be  installed  in  a  building  it  shall 
be  the  duty  of  the  party  desiring  such  installation  to  present 
specifications  to  the  Electrical  Inspector  for  his  approval  and 
el-tain  a  permit  for  such  installation.  Such  permit  shall  not 
be  -ranted  unless  such  plans  and  specifications  shall  show  that 
the  wiring  is  to  be  done  in  accordance  with  the  rules  and  regu- 
lations as  hereinafter  set  forth,  and  upon  the  completion  of 
the  wiring  of  the  building  it  shall  be  the  duty  of  the  company, 
firm  or  individual  doing  such  wiring  to  notify  said  inspector, 
who  shall  at  once'inspect  the  same,  and  if  approved  by  him 

shall  issue  a  certificate  of  satisfactory  inspection,  which 
shall  contain  the  date  of  such  inspection,  and  an  outline  of 
the  results  of  such  examination,  but  no  certificate  shall  be 
issued  unless  the  electric  light,  power  or  heating  installation, 
and  all  apparatus  and  wiring  connected  with  it,  shall  be  in 
strict  conformity  with  the  rules  and  regulations  as  hereinafter 
set  forth,  nor  shall  any  electrical  current  be  turned  on  any  such 
installation  until  said  certificate  is  issued. 

Provided,  however,  that  while  the  work  of  constructing, 
altering  or  repairing  of  any  wires  or  system  of  electrical  wir- 
ing of  any  building  is  in  progress,  the  said  Inspector  may,  in 
his  discretion,  issue  the  person  procuring  such  work  to  be 
done,  or  desiring  to  use  an  electrical  current  in  said  building, 
a  temporary  permit  for  the  use  of  an  electrical  current,  which 
permit  shall  expire  when  the  electrical  apparatus,  or  wiring, 
or  system  of  wiring,  for  such  building  has  been  fully  installed, 
constructed,  altered  or  repaired,  and  approved  by  said  In- 
spector. 

2035.  Sec.  247.  Dangerous  or  Unsafe  Materials  or  Ap- 
paratus.— Any  and  all  dynamos,  motors,  wires  or  other  mate- 
rials used  for  electrical  purposes,  which  shall  have  become,  in 
the  opinion  of  said  Inspector,  dangerous  or  unsafe  to  persons 
or  property,  shall  be  condemned  and  so  marked  by  him,  the 
•  n  or  persons  using  the  same  shall  upon  receiving  notice 
ol  such  condemnation  from  said  Inspector  immediately  cause 
the  same  to  be  put  in  safe  condition. 

In  case  any  person  owning  or  using  electrical  wires,  dyna- 
motors,  or  other  electrical  apparatus,  or  material  of  any 


769 

nature  whatsoever  which  shall  have  been  condemned  by  said 
Inspector,  shall  fail  to  have  the  same  put  in  safe  condition 
within  forty-eight  (48)  hours  after  receiving  notice  From  said 
Inspector  that  the  same  has  been  condemned,  or  within  such 
other  reasonable  length  of  time  as  shall  be  prescribed  by  said 
Inspector,  then  it  shall  be  the  duty  of  said  Inspector  to  remove 
the  fuse,  cut  the  wires,  or  by  other  means  completely  discon- 
nect the  condemned  wire-,  apparatus  or  materials  from  the 
source  of  electrical  energy,  and  for  the  purpose  of  so  discon- 
necting said  condemned  wires,  apparatus  or  materials,  said 
Inspector  shall  have  the  right  at  any  time  to  enter  upon  any 
and  all  premises  or  buildings  of  any  nature  whatsoever  in  the 
City  of  St.  Paul  where  such  wires  or  materials  are  installed. 
And  when  any  electrical  wires,  dynamos,  motors  or  other 
electrical  wires  or  material  of  any  nature  whatsoever  have 
been  disconnected  or  rendered  inoperative  by  said  Inspector, 
as  set  forth  in  the  foregoing  provisions  of  this  section,  it  shall 
be  unlawful  for  any  person  or  persons  to  in  any  manner  recon- 
nect the  same,  or  cause  the  same  to  be  reconnected  with  any 
S<  nice  of  electrical  energy,  or  to  use  the  same  as  a  part  of  any 
electrical  system,  until  they  have  been  put  in  a  safe  condition, 
and  a  certificate  of  such  safe  condition  has  been  issued  by  said 
Inspector. 

2036.  Sec.  248.  Permits  for  Erection,  Alterations,  Etc.— 
No  permit  for  the  erection,  construction,  alteration  or  change 

of  any  electrical  work  or  wiring  shall  hi'  issued  to  any  indi- 
vidual, firm  or  corporation,  excepting  Interstate  Telephone 
and  Telegraph  Companies,  not  licensed  as  required  1>\  Chap- 
ter 312,  General  Law-  of  Minnesota.  L899,  entitled  "An  Kc\ 
to  regulate  persons  and  corporations  engaged  in  installing  or 
repairing  electrical  wires  and  apparatus  in  certain  cities  of  the 
State  of  Minnesota,  and  to  provide  for  licensing  persons  and 
corporations  to  carry  on  said  busine 


RULES  AND    REGULATIONS. 

2037.  Sec.  249.  Stations  and  Dynamo  Rooms. — Includes 
Central  Stations.  Dynamo,  Motor  and  Storage  Battery  Rooms; 
Transformer,  Substations,  etc. 

2038.  1.     Generators. — a.     Must  be  located  in  a  dry  place. 

b.  .Must  never  be  placed  in  a  room  where  any  hazardous 
process  is  carried  on,  nor  in  places  where  they  would  he  ex- 
posed  to  inflammable  gases,  or  dyings  of  combustible  mate- 
rials. 

c.  Must  be  insulated  on  floors  or  hase  frames,  which 
must  be  kepi  filled  to  prevent  absorption  of  moisture,  and  also 
kept  clean  and  dry.  Where  frame  insulation  is  impracticable, 
the  frame -must  be  permanently  and  effectively  grounded. 

A  high  potential  machine,  which,  on  account  of  great 
weight,  or  for  other  reasons  cannot  have  its  frame  insulated 
from  the  ground,  should  be  surrounded  with  an  insulated  plat- 
form, and  so  arranged  that  a  man  must  stand  upon  it  in  order 
to  touch  any  part  of  the  machine. 

In  case  of  a  machine  having  an  insulated  frame,  if  there 
is  trouble  from  static  electricity  due  to  belt  friction,  it  should 
he  overcome  by  placing  near  the  belt  a  metallic  comb  con- 
nected with  the  earth,  or  by  grounding  the  frame  through  a 
very  high  resistance  of  not  less  than  two  hundred  ohms  per 
volt  generated  by  the  machine. 

d.  Every  constant  potential  generator  must  be  protected 
from  excessive  current  by  a  safety  fuse,  or  equivalent  device 
of  approved  design,  in  each  lead  wire.  These  devices  should 
be  placed  on  the  machine,  or  as  near  it  as  possible. 

e.  Must  each  be  provided  with  a  water-proof  cover. 

f.  Must  each  be  provided  with  a  name  plate,  giving  the 
maker's  name,  the  capacity  in  volts  and  amperes,  and  the 
normal  speed  in  revolution  per  minute. 

2039.  2.  Conductors. — From  generators  to  switchhoards, 
rheostats  or  other  instruments  and  thence  to  outside  lines. 

a.  Must  be  in  plain  sight  or  readily  accessible. 

b.  Must  have  an  approved  insulating  covering,  as  re- 
quired for  similar  work,  except  that  in   Central   Stations  on 


??1 

exposed  circuits,  the  wire  which  is  used  must  have  a  heavy 
braided  non-combustible  outer  covering. 

c.  Must  be  kept  so  rigidly  in  place  that  they  cannot  come 
in  contact. 

d.  Must  in  all  other  respects  be  installed  under  the  same 
precautions  as  required  by  rules  for  wires  carrying  a  current 
of  the  same  volume  and  potential. 

2040.  3.  Switchboards. — a.  Must  be  so  placed  as  to  re- 
duce to  a  minimum  the  danger  of  communicating  fire  to  adja- 
cent combustible  material. 

b.  Must  be  of  non-combustible  material,  or  of  hard  wood 
in  skeleton  form,  filled  to  prevent  absorption  of  moisture. 

c.  Must  be  accessible  from  all  sides  when  the  connec- 
tions are  on  the  back,  but  may  be  placed  against  a  brick  or 
Stone  wall  when   the  wiring  is  entirely  on  the  face. 

d.  Must  be  kept  free  from  moisture. 

e.  Bus  bars  must  be  equipped  in  accordance  with  rules 
for  placing  conductors. 

2041.  4.  Resistance  Boxes  and  Equalizers. — a.  Must  be 
placed  "ii  a  switchboard  or,«if  not  thereon,  then  at  a  distance 
of  a  fool  from  combustible  material,  or  separated  therefrom  by 
a  non-inflammable,  non-absorptive  insulating  material. 

2042.  5.  Lightning  Arresters. — a.  Must  be  attached  to 
each  side  of  every  overhead  circuit  connected  with  the  station. 

1).  Musi  be  located  in  readily  accessible  places  away  from 
combustible  material,  and  as  near  as  practicable  to  the  point 
w  here  the  \\  ires  enter  the  buildin 

Station  arresters  should  be  placed  in  plain  sight  on  the 
switchboard. 

In  all  cases  kinks,  coils  and  sharp  bends  in  the  wires,  be- 
tween arresters  and  the  outdoor  lines,  musl  be  avoided. 

c.     Musj   be  connected  with  a   thoroughly  g 1  and  per- 

manenl  ground  connection  1>\   metallic  strips  of  wire  having  a 
conductivity  nol   li  •-  than  thai  ol  a   Mo.  6    B.  and  S.  copper 
wire  which  musl  be  run  as  nearly  in  a  straighl   line  as  i",s 
sible  from  the  arresters  to  the  earth,  connection. 

2043.  6.  Care  and  Attendance. — a.  \  competenl  man 
must  be  kepi  on  duty  where  the  generators  are  operatin 


m 

h.  Oily  waste  must  be  kept  in  approved  metal  cans,  and 
removed  daily.  Approved  waste  cans  shall  have  self-closing 
covers,  and  be  made  of  metal,  the  same  shall  have  legs  raising 
the  can  three  inches'from  the  floor. 

2044.  7.  Testing  of  Insulation  Resistance. — a.  All  cir- 
cuits must  be  provided  with  reliable  ground  detectors. 

Detectors  which  indicate  continuously,  and  give  an  in- 
stant and.  permanent,  or  other,  indication  of  a  ground  are 
preferable.  Ground  wires  from  detectors  must  not  be  at- 
tached to  gas  pipes  or  structural  iron  work  within  the  building. 

b.  Where  continuously  indicating  detectors  are  not  feasi- 
ble, the  circuit  should  be  tested  at  least  once  per  day. 

c.  Data  obtained  from  all  tests  must  be  preserved  for 
examination  by  the  Inspector.  All  generators,  motors,  wires, 
lamps  and  other  electrical  appliances  shall  at  all  times  test  free 
from  ground. 

When  the  ground-  detector  at-  the  generator  shows  a 
ground  on  the  wiring,  the  owner  of  such  generator  or  wires 
in  the  case  of  an  insulated  plant,  shall  immediately  cause  such 
ground  to  be  located  and  raised,  or  to  cut  the  current  off  from 
such  wires.  If  the  generators  are  Central  Station  generators, 
then  the  company  or  person  owning  or  operating  them  shall 
immediately  locate  such  ground  and  notify  the  Inspector,  who 
shall  immediately  order  the  owner,  or  agents  of  the  owners,  of 
the  wires,  or  of  the  building  where  such  ground  wires  are 
located,  to  raise  such  ground,  and  said  owners  or  agents  shall 
cause  such  ground  to  be  raised,  or  the  current  cut  off  from  all 
-n.unded  wires  in  said  building  within  forty-eight  hours  after 
notice  has  been  served  on  them  by  the  Inspector.  And  such 
■inded  wires  shall  not  thereafter  be  used  for  conveying  cur- 
rent for  electric  light  or  other  purposes  until  they  test  clear 
of  grounds. 

These  rules  on  testing  to  be  applied  at  such  places  as  may 
be  designated  by  the  Inspector. 

2045.  8.  Motors. — a.  Must  be  insulated  on  floors  or  base 
frames,  which  must  be  kept  filled  to  prevent  absorption  of 
moisture:  and  must  be  kept  clean  and  dry.  Where  frame  in- 
sulation is  impracticable,  the  frame  must  be  permanently  and 

effectively  grounded. 


•>  «    > 

1  .  •) 

A  high  potential  machine  which,  on  account  of  great 
weight  or  for  other  reasons  can  not  have  its  frame  insulated, 
should  be  surrounded  with  an  insulated  platform,  and  so  ar- 
ranged that  a  man  must  stand  upon  it  in  order  to  touch  any 
part  of  the  machine. 

In  case  of  a  machine  having  an  insulated  frame,  if  there 
is  trouble  from  static  electricity  due  to  belt  friction,  it  should 
be  overcome  by  placing  near  the  belt  a  metallic  comb  con- 
nected to  the  earth,  or  by  grounding  the  frame  through  a  very 
high  resistance  of  not  less  than  two  hundred  ohms  per  volt 
generated  by  the  machine. 

b.  Must  be  wired  under  the  same  precautions  as  re- 
quired by  rules  for  wires  carrying  a  current  of  the  same 
volume  and  potential. 

Tlie  leads  or  branch  currents  should  be  designed  to 
carry  a  current  at  least  fifty  per  cent,  greater  than  that  re- 
quired by  the  rated  capacity  of  the  motor  to  provide  for  the 
inevitable  overloading  of  the  motor  at  times  without  over- 
fusing  the  wires. 

c.  The  motor  and  resistance  box  must  be  protected  by  a 
cut-out  and  controlled  by  a  switch,  said  switch  plainly  indi- 
cating whether  "on"  or  "off."  Where  one-fourth  horse  power 
or  less  is  used  on  low  tension  circuits,  a  single  pole  switch  will 
be  accepted.  The  switch  and  rheostal  musl  lie  located  within 
sighl  -  >i'  the  motor. 

d.  Must  have  their  rheostats  of  starting  boxes  located  so 

as  to  Conform    to  the  requirements  of  No.    I. 

In   connection   with    motors   the   use   <>i"  circuit  breakers, 

automatic  starting-boxes  and  automatic   under-load  switches 

quired  on  all  machines  of  twenty-five  horse  power  or  over. 

e.  Must  not  be  run  in  series  multiple  or  multiple-series, 
pi  Mi)  constanl  potential  systems,  ami  then  only  by  special 

permission  i >f  the  Inspector. 

f.  Must,  when  combined  with  ceiling  fans,  !><•  hung  from 
insulated  hooks,  or  else  there  must  be  an  insulator  interposed 
bet  w  een  tin-  motor  ami  ii  -  suppi  »rt. 

g.  Musi  <ach  be  provided  with  a  name  plate  giving  the 
maker's  name,  the  capacity  in  volts  ami  amperes,  ami  the 
normal  speed  in  revolution  per  minute. 


2046.  9.  Railway  Power  Plants. — a.  Must  be  equipped 
in  each  feed  wire  before  it  leaves  the  station  with  an  approved 
automatic  circuit   breaker,  or  other  device  which   will  imme- 

ly  cut  off  the  current  in  case  of  accidental  ground.  This 
device  must  be  mounted  on  a  fire-proof  base,  and  in  full  view 
and  reach  of  the  attendant. 

2047.  10.  Storage  or  Primary  Batteries. — a.  When  cur- 
rent for  light  and  power  is  taken  from  primary  or  secondary 

ries,  the  same  general  regulations  must  be  observed  as 
applied  to  similar  apparatus  fed  from  dynamo  generators  de- 
veloping the  same  difference  of  potential. 

b.  Storage  battery  rooms  must  be  thoroughly  venti- 
lated. 

c.  Special  attention  is  directed  to  the  rules  for  rooms 
where  acid  fumes  exist. 

d.  All  secondary  batteries  must  be  mounted  on  non-ab- 
sorptive, non-combustible  insulators,  such  as  glass,  or  thor- 
oughly vitrified  and  glazed  porcelain. 

e.  The  use  of  any  metal  liable  to  corrosion  must  be 
avoided  in  cell  connections  of  secondary  batteries. 

2048.  11.  Transformers. — a.  In  central  or  sub-stations 
the  transformers  must  be  so  placed  that  the  smoke  from  the 
burning  out  of  the  coils,  or  the  boiling  over  of  the  oil  (where 
the  oil  filled  cases  are  used),  could  do  no  harm. 


INSIDE  WORK. 

General  Rules — All  Systems  and  Voltages. 

2049.         12.     Wires. — a.     Must   not   be   of   smaller  size   than 
No.  1  I  P>.  &  S.,  except  as  allowed  under  rules  24-t  and  45-b. 

b.  Tie  wire  must  have  an  insulation  equal  to  that  of  the 
conductors  they  confine. 

c.  Must  be  so  spliced  or  joined  as  to  be  both  mechan- 
ically and  electrically  secure  without  solder.  They  must  then 
be  soldered  to  insure  preservation,  and  the  joint  covered  with 
an  insulation  equal  to  that  on  the  conductors. 

Stranded  wires  must  be  soldered  before  being  fastened 
under  clamps  or  binding  screws,  and  when  they  have  a  con- 


775 

ductivity  greater  than  Xo.  10  B.  &  S.  copper  wire  they  must 
be  soldered  into  lugs. 

d.  Must  be  separated  from  contact  with  walls,  floors, 
timbers  or  partitions  through  which  they  may  pass  by  non- 
combustible,  non-absorptive  insulating  tubes,  such  as  glass  or 
porcelain. 

Bushings  must  be  long  enough  to  bush  the  entire  length 
of  the  hole  in  one  continuous  piece,  or  else  the  hole  must  firsl 
be  bushed  by  a  continuous  water-proof  tube,  which  may  be  a 
conductor  (such  as  an  iron  pipe),  the  tube  is  then  to  have  a 
non-conducting  bushing  pushed  in  at  each  end  so  as  to  keep 
the  wire  absolutely  out  of  contact  with  the  conducting  pipe. 

e.  Must  be  kept  free  from  contact  with  gas,  water  or 
other  metallic  piping  or  any  other  conductors  or  conducting 
material  which  they  may  cross  by  some  continuous  and  firmly 
fixed  non-conductor  creating  a  separation  of  at  least  one  inch. 

f.  Must  be  so  placed  in  wet  places  that  an  air  space  will 
be  left  between  conductors  and  pipes  in  crossing,  and  the  for- 
mer must  be  run  in  such  a  way  that  they  cannot  come  in  con- 
tact with  the  pipe  accidentally.  Wire  should  be  run  over, 
rather  than  under,  pipes  upon  which  moisture  is  likely  to 
gather,  or  which  by  leaking  might  cause  trouble  on  a  circuit. 

2050.  13.  Underground  Conductors. — a.  Must  be  pro- 
tected when  brought  into  a  building  against  moisture  and 
mechanical  injur}',  and  all  combustible  material  must  be  kept 
removed  from  the  immediate  vicinity. 

1).  Must  not  be  so  arranged  as  to  shunt  the  current 
through  a  building  around  any  catch-box. 

2051.  14.  Table  of  Carrying  Capacity  of  Wires. — The  fol- 
lowing table  musl  be  followed  in  placing  interior  conductors, 
Said  tabic  shows  the  allowable  carrying  capacity  of  wires  and 
cables  of  ninety-eighl  per  cent,  conductivity: 


TABLE  A. 

TABLE  B. 

Weather-proof 

Rubber-Covered                                        Wires. 

;      &   S.  G. 

Wires. 

See  Nos.  42  to  44. 

Amperes. 

Sec  No,  41. 

Amperes.            Circular  Mills. 

18 

•  ! 

5                                   l.r.2  1 

L6 

6 

8                                 2,583 

11 

12 

16                                  4.107 

L2 

17 

23                                 6,530 

LO 

24 

32                               10,380 

8 

33 

46                               16,510 

6 

46 

65                               26,250 

5 

54 

77                               33,100 

4 

65 

92                               41.740 

3 

76 

IK)                              52,630 

2 

90 

131                               66,370 

1 

107 

156                              83,690 

0 

127 

185                             105,500 

00 

150 

220                             133,100 

000 

i;; 

262                            167,800 

III  Mill 

210 

312                             211.600 

2052. 

CIRCULAR  MILLS. 

200.i  him 

200                                                 300 

•  00, I 

270                                                  400 

too, 

330                                                 500 

500,000 

390                                                 590 

600,000  . 

450                                                 680 

700,000 

500                                                 760 

3i  0, 

550                                                 840 

! .hud 

600                                                 920 

1  000,000 

650                                             1,000 

1.100,000 

690                                             1.080 

1,200, 

730                                             1.150 

1  300,000 

770                                             1,220 

[..400,000 

810                                              1,290 

1,500,000 

850                                              1,360 

1,600,000 

890                                             1,430 

1  700,000 

930                                            1,490 

i0,000 

970                                             1,550 

1.900,000 

1,010                                             1,610 

2,000,000 

1,050                                              1,670 

m 

The  lower  limit  is  specified  for  rubber-covered  wires,  to 
prevent  gradual  deterioration  of  the  high  insulations  by  the 
heat  of  the  wires,  but  not  from  fear  of  igniting  the  insulation. 
The  question  of  drop  is  not  taken  into  consideration  in  the 
above  tables. 

The  carrying  capacity  of  sixteen  and  eighteen  wire  is  giv- 
en, but  no  smaller  than  fourteen  is  to  be  used,  except  as  al- 
lowed under  Rules  24-t  and   15-b. 

2053.  15.     Switches,    Cut-Out,    Circuit    Breakers,    Etc. — a. 

Must,  whenever  called  for,  unless  otherwise  provided  (for  ex- 
ceptions see  Nos.  c  and  22>-c),  be  so  arranged  that  the  cut-out 
will  protect,  and  the  opening  of  the  switch  or  circuit-breaker 
will  disconnect,  all  of  the  wires;  that  is,  in  a  two-wire  system 
the  two  wires,  and  in  a  three-wire  system  the  three  wires,  must 
be  protected  by  the  cut-out.  and  disconnected  by  the  operation 
of  the  switch  or  circuit-breaker. 

b.  Must  not  be  placed  in  the  immediate  vicinity  of  easily 
ignitable  stuff,  or  where  exposed  to  inflammable  gases  or  dust. 
or  to  flyings  of  combustible  material. 

c.  Must,  when  exposed  to  dampness,  either  be  enclosed 
in  a  water-proof  box  or  mounted  on  porcelain  knobs. 

2054.  Sec.   250.     Constant    Current    Systems. — Principally 
Series    Arc    Ligh-ting. — 16.     Wires. — a.     Must    have   and   ap 
pioved  rubber  insulating  covering. 

b.  Musi     be    arranged    to    enter    and    leave    the    building 

through  an  approved  double  contact  service  switch,  mounted 
in  a  ii' oi  combustible  case,  kepi  free  from  moisture  and  easy 
of  access  to  police  or  firemen.  So-called  "snap  switches"  musl 
not  be  u--ed  on  high  potential  circuits. 

c.  Mu>t    always   he   in    plain    sight. 

d.  Must   be  supported  on  glass  or  porcelain  insulators, 
which  separate  the  wires  at   least   one  inch  from  the  sui 
wired  over,  and  musl  be  kepi  rigidly  at  hast  eighl  inches  from 

each    other,    excepl    within    the    structure    of    lamps   on    han 

boards  and  cul  oul  b  like  places  where  a  l<       di  tance 

i  \  necessar) . 

e.  Must  on  sidewalks  be  protected  from  mechanical  in- 
jury by  a  substantial  boxing,  retaining  an  air  Bpace  of  one 


inch  around  the  conductors,  closed  at  the  top  (the  wires  pass- 
ing through  bushed  holes)  and  extending  not  less  than  seven 
feet  from  the  floor.  When  crossing  floor  timbers  in  cellars  or 
mis  where  they  might  be  exposed  to  injury,  wires  must 
be  attached  by  their  insulating  supports  to  the  under  side  of 
a  wooden  strip  not  less  than  one-half  inch  in  thickness. 

2055.  17.  Arc  Lamps. — a.  Must  be  carefully  isolated 
from  inflammable  material. 

b.  .Must  be  provided  at  all  times  with  a  glass  globe  sur- 
rounding the  arc.  securely  fastened  upon  a  closed  base.  Xo 
broken  or  cracked   globes  to  be  used. 

c.  Must  be  provided  with  a  wire  netting  (having  a  mesh 
not  exceeding  one  and  one-fourth  inches)  around  the  globe, 
and  an  approved  spark  arrester  when  readily  inflammable 
material  is  in  the  vicinity  of  the  lamps,  except  when  closed 
globes  are  used,  to  prevent  escapes  of  sparks,  melted  copper  or 
carbon. 

Arc  lamps  when  used  in  places  where  they  are  exposed  to 
livings  of  easily  inflammable  material  should  have  the  carbons 
enclosed  completely  in  a  globe  in  such  manner  as  to  avoid  the 
necessity  for  spark  arresters. 

Globes  and  spark  arresters  ..will  not  be  required  in  so- 
called  ''inverted  arc"  lamps,  but  this  type  of  lamp  must  not  be 
used  where  exposed  to  flyings  of  easily  inflammable  materials. 

d.  Where  hanger  boards  are  not  used,  lamps  must  be 
hung  from  insulating  supports  other  than  their  conductors. 

2056.  18.  Incandescent  Lamps  in  Series  Circuits. — a. 
Must  have  the  conductors  installed  as  heretofore  provided,  and 
each  must  be  provided  with  an  automatic  cut-out. 

b.  Must  have  each  lamp  suspended  from  a  hanger-board 
by  means  of  a  rigid  tube. 

c.  No  electro-magnetic  devices  for  switches,  and  no  sys- 
tem of  multiple-series  or  series-multiple  lighting  will  be  al- 
lowed. 

d.  Under  no  circumstances  must  they  be  attached  to  gas 
fixtr,- 

2057.  Sec.  251.  Constant  Potential  Systems— General 
Rules — All  Voltages. 


779 

2058.  19.  Automatic  Cut-Outs  (Fuses  and  Circuit  Break- 
ers).— a.  Must  be  placed  on  all  service  wires,  cither  overhead 
or  underground,  as  near  as  possible  to  the  point  where  they 

(.-liter  the  buildings  and  inside  the  walls,  and  arrange  to  cut 
oil  the  entire  current  from  the  building. 

Where  the  switch  required  is  inside  the  building,  the  cut- 
out required  by  this  section  must  be  placed  so  as  to  protect  it. 

b.  Must  be  placed  at  every  point  where  a  change  is 
made  in  the  size  of  wire  (unless  the  cut-out  in  the  larger  wire 
will  protect   the  smaller). 

c.  To  be  enclosed  in  an  approved  cabinet,  or  provided 
with  an  approved  cover  (see  No.  52).  They  must  not  be 
placed  in  the  canopies  or  shells  of  fixtures.  Must  be  readily 
accessible. 

d.  Mtist  be  so  placed  that  no  set  of  incandescent  lamps, 
whether  grouped  or  on  one  fixture,  or  several  fixtures  or  pend- 
ants, requiring  more  than  660  watts  shall  be  dependent  upon 
one  cut-out.  except  in  the  cases  of  large  chandeliers,  stage 
borders  and  illuminated  signs. 

e.  Must  be  provided  with  fuses,  the  rated  capacity  of 
which  does  not  exceed  the  allowable  carrying  capacity  of  the 
wires,  and,  when  circuit-breakers  arc  used,  the)'  must  not  be 
set  more  than  about  thirty  per  cent,  above  the  allowable  carry- 
ing capacity  of  the  wire,  unless  a  fusible  cut-out  is  also  in- 
stalled in  the  circuit. 

2059.  20.  Switches  (see  No.  15,  and  for  Construction,  No. 
51). — a.  Musi  be  placed  on  all  service  wires  either  overhead 
or  underground,  in  readil}   accessible  places,  as  near  as  possi 

ble  to  the  point  where  the  wires  enter  the  building,  and  ar- 
range to  cut   off  the  entire  current. 

b.     Must  always  be  placed  in  dry,  accessible  places,  and 

grouped  as  far  as  possible.  Knife  switches  niu^t  be  so 
placed  that  gravity  will  tend  to  open  rather  than  close  the 
switches. 

C  Mils)  no)  be  single  pole,  excepl  when  the  circuits 
Which  they  control,  supply  not   more  than  six    In  candle  power 

lamps,  or  their  equivalent. 

d.      Whfire    Hush    switches   are    used,    whether    the    conduit 

system  or  not,  the  switches  must   be  enclosed  in  boxes  con 


?80 

slructed  of  or  lined  with  fire-resisting  material.  X<»  push  but- 
tons for  bolls  or  gas  lighting  circuits  shall  be  placed  in  the 
same  wall  plate  with  switches  controlling  electric  light  or 
power  wiring. 

2060..  21.  Electric  Heaters. — a.  Must,  if  stationary,  be 
placed  in  a  safe  situation,  isolated  from  inflammable  material, 
and  be  treated  as  sources  of  heat. 

b.  Must  each  have  a  cut-out  and  indicating  switch.  (  See 
Xo.   15a.  I 

c.  Must  have  the  attachment  of  feed  wires  to  the  heaters 
in  plain  sight,  easily  accessible  and  protected  from  inter- 
ference, accidental  or  otherwise. 

d.  The  flexible  conductors  for  portable  apparatus,  such 
as  iron,  etc.,  must  have  an  approved  insulating  covering".  (See 
Xo.  45h.) 

e.  Must  each  be  provided  with  name  plate,  giving  the 
maker's  name,  and  the  normal  capacity  in  volts  and  amperes.' 

2061.  Sec.  252.     Low  Potential  System— 380  Volts  or  Less. 

Any  of  the  circuit  attached  to  any  machine,  or  combination 
of  machines,  which  develop  a  difference  of  potential  between 
any  two  wires  of  oyer  ten  volts  and  less  than  three  hundred 
volts,  shall  be  considered  "as  a  low  potential  circuit,  and  as 
coming  under  this  class,  unless  an  approved  transforming 
device  is  used,  which  cuts  the  difference  of  potential  dowm  to 
ten  volts  or  less.  The  primary  circuit  not  to  exceed  a  poten- 
tial of  thirty-five  hundred  volts. 

2062.  Sec.  253.  General  Rules— 22.  Wires.— a.  Must 
not  be  laid  in  plaster,  cement  or  similar  finish. 

b.  Must  never  be  fastened  with  staples. 

c.  Must  not  be  fished  for  any  great  distance,  and  only  in 
places  Avhere  the  Inspector  can  satisfy  himself  that  the  rules 
have  been   complied   with. 

d.  Twin  wires  must  never  be  used,  except  in  conduits 
or  where  flexible  conductors  are  necessary. 

e.  Must  be  protected  on  side  walls  from  mechanical  in- 
jury. When  crossing  floor  timbers  in  cellars  or  in  rooms 
where  they  might  be  exposed  to  injury,  wires  must  be  attached 
by  their  insulating  supports  to  the  under  side  of  a  wooden 


781 

strip,  not  less  than  one-half  inch  in  thickness,  and  not  less  than 
three  inches  in  width. 

Suitable  protection  on  the  side  wall  may  be  secured  by  a 
substantial  boxing  retaining  an  air  space  of  one  inch  around 
the  conductor,  closed  at  the  top  (the  wires  passing  through 
bushed  holes),  and  extending  not  less  than  one  foot  from  the 
floor,  or  by  an  iron-armored  or  metal  sheathed  insulating  con- 
duit sufficiently  strong  to  withstand  the  strain  it  will  be  sub- 
ject to,  or  plain  metal  pipe  line  with  insulating  tubing,  which 
must  extend  one-half  inch  beyond  the  end  of  the  metal  tube. 

The  pipe  must  extend  not  less  than  five  feet  above  the 
floor,  and  may  extend  through  the  floor  in  place  of  a  floor 
bushing. 

If  iron  pipes  are  used  with  alternating  currents  the  two 
01  more  wires  of  a  circuit  must  be  placed  in  the  same  conduit. 
In  this  case  the  insulation  of  each  wire  must  be  reinforced  by 
a  tough  conduit  tubing  projecting  beyond  the  ends  of  the  iron 
pipe,  at  least  two  inches. 

f.  When  run  immediately  under  roofs,  or  in  proximity  to 
v.ater  pipes  or  tanks,  will  he  considered  as  exposed  to 
moisture. 

2063.  Sec.  254.  Special  Rules— For  Open  Work  in  Dry 
Places. — g.  Must  have  an  approved  rubber  or  "slow  burning" 
weather-proof  insulation.     (See  Nos.   II  and   L2.) 

h.  Musi  be  rightly  supported  on  non-combustible,  non- 
absorptive  insulators  which  separates  the  wire  at  least  one- 
half  inch  from  the  surface  wired  over,  and  they  must  be  kepi 
apart,  at   leasl   two  and  one-half  inches. 

Rigid  supporting  requires,  under  ordinary  conditions, 
where  wiring  along  ilat  surfaces,  supports  at  leasl  ever}  Four 
and  one-half  feet.  If  tin-  wire-,  arc  liable  to  be  disturbed,  the 
distance  between  supports  should  be  shortened.     In  buildings 

of  niill  construction  mains  of  s  B.  &  S.  wire  or  over,  where  no) 
liable  to  be  disturbed,  may  be  separated  about    four  inches  and 

run  from  timber  to  timber,  not  breaking  around,  and  ma\   be 

supported     at     each     timber    only.       In    dam])    place-.,    such    as 

breweri<  •   houses,  packing  houses,  stables,  dye  houses, 

paper  or  pulp  mills,  or  buildings  specially  liable  to  moisture 


782 

or  acid,  or  other  fumes  liable  to  injure  the  wire  or  its  insula- 
tion, except  where  used  for  pendants. 

i.  Must  have  an  approved  rubber  insulating  covering. 
e  No.   11.) 

j.  Must  be  rigidly  supported  on  non-combustible,  non- 
absorptive  insulators,  which  separate  the  wire  at  least  one  inch 
from  the  surface  wired  over,  and  they  must  be  kept  apart  at 
two    and    one-half   inches. 

Rigid  supporting  requires,  under  ordinary  conditions, 
where  wiring  over  flat  surfaces,  supports  at  least  every  four 
and  one-half  feet.  If  the  wires  are  liable  to  be  disturbed  the 
distance  between  the  supports  should  be  shortened.  In  build- 
ers of  mill  construction  mains  of  No.  8  B.  &  S.  wire,  where 
not  liable  to  be  disturbed,  may  be  separated  about  four  inches 
and  run  from  timber  to  timber,  not  breaking  around,  and  may 
be  supported  at  each  timber  only. 

k.     Must  have  no  joints  or  splices. 

2061  For  Molding  Work. — 1.  Must  have  an  approved 
rubber  insulating  covering.     (See  No.  41.) 

m.  Must  never  be  placed  in  molding,  in  concealed  or 
damp   places. 

n.  Must  have  an  approved  rubber  insulating  covering. 
rSec  No.  47.) 

o.  Must  not  be  drawn  in  until  all  mechanical  work  on 
the  building  has  been,  as  far  as  possible,  completed. 

p.  Must  for  alternating  systems  have  two  or  more  wires 
of  a  circuit  drawn  in  the  same  conduit. 

2065.  Fcr  Concealed  "Knob  and  Tube"  Work.— q.  Must 
have  an  approved  insulating  covering.      (See  No.  41.) 

r.  Must  be  rigidly  supported  on  non-combustible,  non- 
absorptive  insulators,  which  separate  the  wire  at  least  one 
inch  from  the  surface  wired  over,  and  must  be  kept  at  least 
ten  inches  apart,  and  when  possible  should  be  run  singly  on 
separate  timbers  or  studding. 

Rigid  supporting  requires,  under  ordinary  conditions. 
where  wiring  along  flat  surfaces,  supports  at  least  every  four 
and  one-half  feet.  If  the  wires  are  liable  to  be  discurbed,  the 
distance  between  the  supports  should  be  shortened. 


783 

s.  When,  from  the  nature  of  the  case,  it  is  impossible  to 
place  concealed  wiring  on  non-combustible  insulating  sup- 
ports of  glass  or  porcelain,  an  approved  armored  cable,  single 
or  twin  conductors  (see  No.  L3)  may  be  used,  if  it  is  installed 
without  joints  between  outlets,  and  the  cable  armor  properly 
rulers  all  fittings  and  is  rigidly  secured  in  place,  or,  if  the 
wires  are  not  exposed  to  moisture,  they  may  be  finished  on 
the  loop  system,  if  separately  incased  throughout  in  approved 
flexible  tubing  or  conduits. 

2066.  For  Fixture  Work. — t.  Must  have  an  approved  rub- 
ber insulating  covering  (see  No.  44),  and  shall  not  be  less  in 
size  than   No.  18  B.  &  S. 

u.  Supply  conductors,  and  especially  the  splices  to  fix- 
ture wires,  must  be  kept  clear  of  the  grounded  part  of  gas 
pipes,  and  where  shelves  are  used,  the  latter  must  be  con- 
structed in  a  manner  affording  sufficient  area  to  allow  this  re- 
quirement. 

v.  Must,  when  fixtures  are  wired  outside,  be  SO  secured 
as  not  to  be  cut  or  abraded  by  the  pressure  of  the  fastenings 
cr  motions  of  the  fixtures. 

2037.  23.  Inferior  Conduits. — a.  No  conduit  tube  having 
an  internal  diameter  of  less  than  five-eighths  of  an  inch  shall 
be  used  (if  conduit  is  lined,  measuremenl  to  be  inside  the 
lining  I. 

b.  Musi  be  continuous  from  one  junction  box  to  another, 
or  to  fixtures,  and  the  conduil  tube  musl  properl)  chut  all  lit 
tin  g 

c.  Must  be  firsl  installed  as  a  complete  conduil  system, 
without    the    conductor-. 

d.  Must  be  equipped  at   ever}   outlel    with  an  approved 

outlet    box. 

e.  Metal  conduits,  where  they  enter  junction  boxes,  and 
at  all  other  outlets,  etc.,  musl  be  fitted  with  a  capping  of 
approved  insulating  material,  fitted  so  as  to  protecl  wire  from 
abrasi(  »n. 

f.  Musi  have  the  metal  of  the  conduil  permanently  and 
effectually  gr< tunded. 


784 

2068.  24.     Fixtures. — a.      Musi,   when   supported   from   the 
piping  of  a  building,  be  insulated  from  the  gas  pipe  sys- 
tem  b)    mean-   of  approved   insulating  joints    (see  No.   55), 
placed  as  closel}   as  possible  to  the  ceiling. 

b.  Must  have  all  burrs  or  fins  removed  before  the  con- 
duct"!- are  drawn  into  the  fixtures. 

c.  ldie  tendency  to  condensation  within  the  pipes  should 
l>e  guarded  against  by  sealing  the  upper  ends  of  the  fixture. 

d.  Xo  combination  fixture  in  which  the  conductors  are 
concealed  in  a  space  less  than  one-fourth  of  an  inch  between 
the  inside  pipe  and  the  outside  casing  will  be  allowed. 

e.  Must  be  tested  for  "contacts''  between  conductors  and 
fixture  for  short  circuits  and  for  ground  connections  before 
it  is  connected  to  its  supply  conductors. 

f.  Ceiling  blocks  for  fixtures  should  be  made  of  insulat- 
ing material:  if  not.  the  wires  in  passing  through  the  plate 
must  be  surrounded  with  non-combustible,  non-absorptive  in- 
sulating material,  such  as  glass  or  porcelain. 

2069.  25.  Sockets. — a.  In  rooms  where  inflammable  gases 
ma}'  exist  the  incandescent  lamp  and  socket  must  be  inclosed 
in  a  vapor-tight  globe,  and  be  supported  on  a  pipe  hanger 
wired  with  approved  rubber-covered  wire  (see  Xo.  41)  sold- 
ered directly  to  the  circuit. 

In  damp  or  wet  places,  or  over  specially  inflammable 
stuff,  water-proof  sockets  must  be  used. 

When  water-proof  sockets  are  used  they  should  be  hung 
separate  stranded  rubber-covered  wires,  not  smaller  than 
No.  14  B.  &  S.,  which  should  preferably  be  twisted  together 
when  the  drop  is  over  three  feet.  These  wires  should  be 
-'  ldered  directly  .to  the  circuit  wires,  but  supported  inde- 
pendently  of  them. 

2070.  26.  Flexible  Cord. — a.  Must  have  an  approved  in- 
sulation and  covering  (see  No.  43). 

b.  Must  not  be  used  as  a  support  for  clusters. 

c.  Must  not  be  used  except  for  pendants,  wiring  of  fix- 
tures and  portable  lamps  or  motors. 

d.  Must  not  be  used  in  show  windows. 

e.  Must  be  protected  by  insulated  bushings  where  the 
cord    enters    the   socket. 


785 

f.  Must  be  so  suspended  that  the  entire  weight  of  the 
socket  and  lamp  will  be  borne  by  knots  under  the  bushing 
in  the  socket,  and  above  the  point  where  the  cord  conies 
through  the  ceiling  block  or  rosette,  in  order  that  the  strain 
may  be  taken  from  the  joints  and  binding  screws. 

2071.  27.  Arc  Lights  on  Low  Potential  Circuits. — a.  Must 
have  a  cut-out  (see  No.  15-a)  for  each  lamp  or  series  of  lamps. 

b.  Must  only  be  furnished  with  such  resistance  or  regu- 
lators as  are  enclosed  in  non-combustible  material,  such  re- 
sistance being  treated  as  sources  of  heat.  Incandescent  lamps 
must  not  be  used  for  resistance  devices. 

c.  .Must  be  supplied  with  globes  and  protected  with 
spark  arresters  and  wire  netting  around  globe,  as  in  the  case 
of  arc  lights  on  high  potential  circuits.      (See  Nos.  17  and  57.  I 

d.  For  one  five-ampere  lamp  or  smaller,  No.  14  wire,  or 
larger,  must  be  used.  For  two  five-ampere  arc  lamps,  on  one 
circuit.  Xo.  12.  or  larger,  must  be  used. 

2072.  28.  Economy  Coil. — a.  Economy  and  compensator 
coils  For  arc  lights  must  be  mounted  on  non-combustible,  non- 
absorptive    insulating   supports,   such   as   glass   or   porcelain, 

allowing  an  air  space  of  at  leasl  one  inch  between  frame  and 
supports,  and  in  general  to  be  treated  like  sources  of  heat. 

2073.  Sec.  255.  High  Potential  Systems— 300  to  3,500 
Volts. — Any  circuit  attached  to  any  machine,  or  combination 
of  machines,  which  develop  a  difference  of  potential  between 
any  two  wires  of  over  300  volts,  and  less  than  3,500  volts, 
shall  be  considered  as  a  high  potential  circuit,  and  as  coming 
under  that  class  unless  an  approved  transforming  device  is 
used,  which  cuts  the  difference  of  potential  down  to  300  volts 
or  less. 

2074.  29.  Wires. — a.  Musi  have  approved  rubber  insu- 
lating covering,     i  See  No.  38. 1 

b.  Musi  always  be  in  plain  sight,  and  never  encased,  ex- 
cept where  required  by  the  Electrical  Inspector. 

c     Must  be  rigidly  supported  on  glass  oi    procelain  in 
sulators,  which  raise  the  wire  at  leasl  one  inch  from  the  sur- 
face wired  over,  and  musl  be  kept  apart  at  leasl  four  inches 


786 

for  voltages  up  to  ?50,  and  at  least  eight  inches  for  voltages 
over    150. 

Rigid  supporting  requires,  under  ordinary  circumstances, 
where  wiring  along  flat  surfaces,  supports  at  least  every  four 
and  one-halt'  feet.  If  the  wires  are  unusually  riable  to  be  dis- 
turbed the  distance  between  supports  should  be  shortened. 

In  buildings  of  mill  construction  mains  of  No.  8  B.  &  S. 
wire,  or  over,  where  not  liable  to  he  disturbed,  may  he  separ- 
ated about  six  inches  for  voltages  up  to  ;"><>,  and  about  ten 
inches  for  voltages  above  750,  and  run  from  timber  to  timber, 
n<>t  breaking  around,  and  may  be  supported  at  each  timber 
only. 

d.  Must  be  protected  on  side  walls  from  mechanical  in- 
jury by  a  substantial  boxing,  retaining  an  air  space  of  one 
inch  around  the  conductors;  closed  at  the  top  (the  wires  p 
ing  through  bushed  holes)  and  extending  not  less  than  seven 
feet  from  the  floor.  When  crossing  floor  timbers,  in  cellars 
or  in  rooms,  where  they  might  be  exposed  to  injury,  wires 
must  be  attached  by  their  insulating  supports  to  the  under- 
side of  a  wooden  strip  not  less  than  one-half  an  inch  in  thick- 
ness. 

2075.  30.     Transformers. — (When    permitted   inside   build- 
see  No.   11  ).     a.     Must  be  located  at  a  point  as  near  as' 

;ible  to  that  at  which  the  primary  wires  enter  the  building. 

b.  .Must  be  placed  in  an  inclosure  constructed  of.  or 
lined  with,  fire  resisting  material;  the  enclosure  to  be  used 
only  for  this  purpose  and  to  be  kept  securely  locked,  and 
acce-s  to  the  same  allowed  only  to  responsible  persons. 

c.  .Must  be  effectually  insulated  from  the  ground,  ami 
the  enclosure  in  which  they  arc  placed  must  be  practically  air 
tight,  except  that  it  shall  be  thoroughly  ventilated  to  the  out- 
door air.  if  possible,  through  a  chimney  or  flue.  There  should 
he  at  least  six  inches  air  space  on  all  sides  of  the  transformer. 

2076.  31.     Car   Houses. — a.     Must  have   the   trolley   wires 
securely  supported  on  insulating  hangers. 

b.  Must  have  the  trolley  hangers  placed  at  such  distance 
apart  that  in  case  of  a  break  in  the  trolley  wire,  contact  can- 
not be  made  with  the  floor. 


c.  Must  have  cut-out;  switch  located  at  a  proper  place 
outside  of  the  building  so  that  all  trolley  circuits  can  Ik-  cut 
out  at  one  point,  ami  line  of  circuit  breakers  must  he  installed 
>■  that  when  this  cut-out  switch  is  open  the  trolley  wire  will 
be  dead  at  all  points  within  one  hundred  feet  of  the  building. 
The  current  must  be  cut  out  of  the  building  whenever  the 
same  is  not  in  use  or  the  road  not  in  operation. 

d.  Must  have  all  lamps  and  stationar)  motors  installed 
in  such  a  way  that  one  main  switch  can  control  the  whole  of 
each  installation  lighting  or  power,  independently  of  main 
feeler  switch.  No  portable  incandescent  lamps  or  twin  wire 
allowed,  except  that  portable  incandescent  lamps  may  be  used 
in  the  pits;  connections  to  be  made  by  two  approved  rubber- 
red  flexible  wires  (see  No.  38),  properly  protected  against 

mechanical  injury;  the  circuit  to  be  controlled  by  a  switch 
placed  i  iutside  <  if  the  pit. 

e.  Must  have  all  wiring  apparatus  installed  in  accord- 
ance with  rules  under  "C"  for  constant-potential  systems. 

f.  Musi  not  have  any  system  of  feeder  distribution  cen- 
tering in  the  building. 

g.  Must  have  the  rails  bonded  al  each  joint  with  not  less 
than  No.  2  I'..  &  S.  annealed  copper  wire;  also  a  supplementary 
wire  to  be  run   fi  ir  each  track'. 

h.      Musi    not   have  cars  left    with    trolle)    in  electrical   con 
Mi  with  i n illey  \\  ire, 

2077.  32.  Lighting  and  Power  from  Railway  Wires. — a. 
Musi  nol  be  permitted  under  any  pretense  in  the  same  circuit 
with  trolle)  wires  with  a  -round  return,  excepl  in  electrical 
railway  cars,  electric  car  houses  and  their  power  stations,  nor 
shall  the  same  dynamo  be  used  for  both  purposes. 

2078.  33.     Series  Lamps. —  No  system  of  multiple  series  or 

series  multiple  for  lighl  or  power  will  be  allowed. 

b.      Under  no  circumstances  can  lamps  be  attached  to 

fixtures. 

2079.  Sec.    256.     Extra     High     Potential     Systems.— Over 
3.500  Volts. — Any  circuil  attached  to  an)  machine  or  combina 
tion-,  of  machines  which  develop  a  difference  of  potential  be 
tween  an)   two  wires,  or  over  3,500  volts,  shall  be  consid< 


?88 

a>  an  extra  high-potential   circuit,  and  as  coming  under  that 
5,  unless  an  approved  transforming  device  is  used,  winch 
cuts  the  difference  of  potential  down  to  3,500  volts  or  less. 

2080.  34.     Primary  Wires. — a.     .Must  not  he  brought  into 
iver  buildings  except  power  and  substations. 

2081.  35.  Secondary  Wires. — a.  Must  he  installed  under 
rule  for  high-potential  systems  when  their  immediate  primary 
wires  carry  a  current  at  a  potential  of  over  thirty-five  hundred 

5,  unless  the  primary  wires  are  entirely  underground. 

2082.  Sec.  257.  Fittings,  Materials  and  Details  of  Con- 
struction.— All  Systems  and  Voltages.     Insulated  AYires: 

2083.  36.  General  Rules. — a.  Copper  for  insulated  con- 
ductors must  never  vary  in  diameter  so  as  to  be  more  than 
two  one-thousandths  of  an  inch  less  than  the  specified  size. 

2084.  37.  Rubber  Covered. — a.  Copper  for  conductors 
must  be  thoroughly  tinned.  Insulation  for  voltages  between 
0  and   600. 

h.  Must  be  of  rubber  or  other  approved  substance,  and 
be  of  a  thickness  not  less  than  that  given  in  the  following  table 
for  B.  &  S.  gauge  sizes: 

From  18  to  16  inclusive.     1-32-inch 

From  11  to  8  inclusive.     3-64-inch 

From  7  to  2  inclusive,     1-16-inch 

From  1  to         0000  inclusive,     5-64-inch 

From      0000  to     500000  C.  M.,  3-32-inch 

From  500000  to  1000000  C.  M..  7-64-inch 

Larger  than         1000000  C.  M.,  1-8-inch 

Measurements  of  insulating  walls  are  to  be  made  at  the 
thinest  portion  of  the  dielectric. 

c.  The  completed  coverings  must  show  an  insulation  re- 
nce  of  at  least  100  megohms  per  mile  during  thirty  days' 

immersion  in  water  at  seventy  degrees  Fahrenheit. 

d.  Each  foot  of  the  completed  covering  must  show  a 
dielectric  strength  sufficient  to  resist  throughout  five  minutes 
the  application  of  an  electro-motive  force  of  3,000  volts  per  one 
sixty-fourth  of  an  inch  thickness  of  insulation  under  the  fol- 
lowing conditions: 


789 

The  source  of  alternating  electro-motive  force  shall  be  a 
transformer  of  at  least  one  kilowatt  capacity.  The  applica- 
tion of  the  electro-motive  force  shall  first  be  made  at  t,000 
volts  for  five  minutes  and  then  the  voltage  increased  by  steps 
of  not  over  3,000  volts,  each  held  for  five  minutes,  until  the 
rupture  of  the  insulation  occurs.  The  tests  for  dielectric 
Strength  shall  be  made  of  a  sample  of  wire  which  has  been  im- 
mersed for  72  hours  in  water,  one  foot  of  which  is  submerged 
in  a  conducting  liquid  held  in  a  metal  trough,  one  of  the  trans- 
former terminals  being  connected  to  the  copper  of  the  wire 
and  the  other  to  the  metal  of  the  trough. 

2085.  Insulation  for  Voltages  Between  600  and  3,500.— e. 
The  thickness  of  the  insulation  walls  must  not  be  less  than 
those  given  in  the  following  table  for  B.  »!<:  S.  gauge  sizes: 

From  11  to  1,  inclusive,  3-32  inch. 

From  u  to  500000  C.  ML,  3-32,  covered  by  a  tape  or  a  braid. 

Larger  than  500000  C.  M..  1-32,  covered  by  a  tape  or  braid. 

f.  The  requirements  as  to  insulation  and  break-down  re- 
sistance for  wires  for  low-potential  systems  shall  apply  with 
the  exception  that  an  insulation  resistance  of  not  less  than  300 
megohms  per  mile  shall  be  required. 

2086.  Insulation  for  Voltage  over  3,500. — g.  Wire  for  arc 
light  circuits  exceeding  3,500  volts  potential  shall  have  an  in- 
sulating wall  not  less  than  six  thirty  seconds  of  an  inch  in 
thickness,  and  shall  withstand  a  breakdown  lest  of  at  least 
thirty  thousand  volts,  and  have  an  insulation  y)\  at  leasl  500 
megohms  per  mile. 

Mi'-  tests  "i!  this  wire  to  be  made  under  |.he  same  con- 
ditions a-  for  low-potential  wires. 

h.  All  of  the  above  insulations  must  be  protected  b)  a 
substantial  braided' covering,  properly  saturated  with  a  pre- 
servative compound,  and  sufficiently  strong  to  withstand  all 

the  abrasion  likely  to  be  met  with  in  practice,  and  sufficientl) 
clastic  to  permit  all  wires  smaller  than  \'o.  i  I'..  &  S.  gauge  to 
be  bent  around  a  cylinder  with  twice  the  diameter  of  the  wire 
w  ithoul   injur}-  to  the  braid. 

2087.  38.  Slow-Burning  Weather  Proof. — a.  The  Insula- 
tion shall  COnsisI  of  tWO  COatingS,  the  inner  one  to  be  fnc  proof 


From 

14 

to 

From 

* 

to 

From 

2 

to 

l-'n  mi 

0000 

to 

790 

in  character,  the  outer  to  be  weather  proof.     The  inner  fire 

iating  must  comprise  at   least  six-tenths  of  the  total 

thickness  of  the  wall.     The  complete  covering-  must  he  of  a 

thickness  not  less  than  that  given  in  the  following  table  for 

S.  gauge  sizes : 

8  inclusive,     3-64-inch 
2  inclusive,     1-16-inch 
0000  inclusive,     5-64-inch 
500000  C.  M.,  3-32-inch 

From  500000  to  1000000  C.  M.,  7-64-inch 

Larger  than         1000000  C.  M.,  1-8-inch 

Measurements  of  insulating  wall  are  to  be  made  at  the 
thinest  portion  of  the  dielectric. 

b.  The  inner  fire  proof  coating  shall  be  layers  of  cotton 
or  thread,  the  outer  one  of  which  must  be  braided.  All  the 
interstices- of  the  layers  are  to  be  filled  with  fire  proofing  com- 
pound. This  material,  whose  solid  constituent  is  not  suscep- 
tible to  moisture  and  which  will  not  burn  even  when  ground 
i:i  an  oxidizable  oil,  making  a  compound  which,  while  proof 
against  fire  and  moisture,  at  the  same  time  has  considerable 
elasticity  and  which,  when  dry,  will  suffer  no  change  at  a  tem- 
perature of  250  degrees  Fahrenheit. 

"  c.  The  weather  proof  coating  shall  be  of  a  stout  braid 
thoroughly  saturated  with  a  dense  moisture  proof  compound 
thoroughly  slicked  down,  applied  in  such  a  manner  as  ta  drive 
any  atmospheric  moisture  from  the  cotton  braiding,  thereby 
securing  a  covering  to  a  great  degree  water  proof  and  of  high 
insulating  power.  This  compound  to  retain  its  elasticity  at 
zero  Fahrenheit,  and  not  to  drip  at  one  hundred  and  sixty  de- 
grees Fahrenheit. 

2088.  39.  Slow-Burning. — a.  This  "slow-burning"  wire 
shall  only  be  used  with  special  permission  of  the  electrical  in- 
spector. 

2089.  40.  Flexible  Cord. — a.  Must  be  made  of  stranded 
copper  conductors,  each  strand  to  be  not  larger  than  Xo.  26 
or  smaller  than  Xo.  30  B.  &  S.  gauge,  and  each  stranded  con- 
ductor must  be  covered  by  an  approved  insulation  and  pro- 


791 

tected  from  mechanical  injury  by  a  tough,  braided  outer  cov- 
ering. 

b.  Each  stranded  conductor  to  have  a  carrying  capacity 
equivalent  to  not  less  than  a  Xo.  16  B.  &  S.  gauge  wire. 

c.  The  covering  of  each  stranded  conductor  must  be 
made  up  as  follows : 

2090.  1.     A  tight,  close  wind  of  fine  cotton. 

2091.  2.     The    insulation    proper,    which    shall    be    either 
water  proof  or  slow-burning. 

2092.  ■'<.     An  outer  cover  of  silk  or  cotton. 

d.  Water-proof  insulation  must  be  solid,  at  least  one- 
thirty-second  of  an  inch,  and  must  show  an  insulation  resist- 
ance of  fifty  megohms  per  mile  throughout  two  weeks'  im- 
mersion in  water  at  70  degrees  Fahrenheit,  and  stand  the 
tests  prescribed  for  low  tension  wires,  as  far  as  they  apply. 

e.  Slow-burning  insulation  must  be  at  least  one-thirty- 
second  of  an  inch  in  thickness  and  composed  of  substantial. 
elastic,  slow-burning  materials,  which  will  suffer  no  damage 
at  a  temperature  of  350  degrees  Fahrenheit. 

f.  The  outer  protecting  braiding  should  be  so  put  mi  and 
d  in  place  that  when  cut  it  will  not  fray  out  and   where 

cotton  i>  used  it  should  he  impregnated  with  flame-proof  paint, 
which  will  not  have  an  injurious  effect  on  the  insulation. 

2093.  For  Portables. — Tn  this  class  is  included  all  cord  used 
on  portable  lamps,  small  portable  motors,  etc. 

g.  Flexible  cord  for  portable  use  must  have  water-proof 
insulation,  as  required  in  Section  I)  for  pendanl  cord,  and  in 
addition  be  provided  with  a  reinforcing  cover  especiall}  de- 
signed to  withstand  the  abrasion  it  will  he  subjected  to  in  the 

•■  i  which  it  i-  to  !"•  put. 

2094.  For     Portable     Heating     Apparatus. — h       Must      he 

made  up  a-  follows  ; 

2095.  l.     A  tight,  close  wind  of  fine  cotton. 

2096.  2.     A  thin  layer  of  rubber  aboul  one  hundredth  of  an 
inch  thick-,  or  other  cemenj  material. 

2097.  3.     A  layer  of  asbestos  insulation  a1  leasl  three  sixty 

fourths  Of  an   inch. 


792 

2098.  I.     A  stout  braid  of  cotton. 

2099.  5.  An  outer  reinforcing  cover  especially  designed 
t<  i  withstand  abrasion. 

2100.  41.  Fixture  Wire. — a.  Must  have  a  solid  insulation 
with  a  slow  burning,  tough  outer  covering,  the  whole  to  be  at 
one-thirty-second  of  an  inch  in  thickness,  and  show  an  insula- 
tion resistance  between  conductors,  and  between  either  con- 
ductor and  the  ground,  of  at  least  one  megohm  per  mile  after 
one  week's  submersion  in  water  at  seventy  degrees  Fahren- 
heit, and  after  three  minutes  electrification  with  550  volts. 

2101.  42.  Conduit  Wires. — .Must  comply  with  the  follow- 
ing specifications:  a.  For  metal  conduits,  having  a  lining 
of  insulation  material,  single  wires,  must  comply  with  Xo.  38, 
and  all  duplex  twin  and  concentric  conductors  must  comply 
with  Xo.  38  and  must  also  have  each  conductor  separately 
braided  or  taped,  and  a  substantial  braid  covering  the  whole. 

b.  For  unlined  metal  conduits,  conductors  must  conform 
to  the  specifications  given  for  lined  conduits,  and  in  addition 
have  a  second  outer  fibrous  covering  at  least  one-thirty-second 
of  an  inch  in  thickness,  and  sufficiently  tenacious  to  withstand 
the  abrasion  of  being  hauled  through  the  metal  conduit. 

2102.  43.  Armored  Cable. — a.  The  armor  of  such  cables 
must  be  at  least  equal  in  thickness  and  of  equal  strength  to 
resist  penetration  by  nails,  etc.,  as  the  armor  of  metal  cover- 
ings of  metal  conduits.      (See  Xo.  47-b.) 

b.  The  conductors  in  same,  single  wire  or  twin  conduc- 
.  must  have  an  insulating  covering  as  required  by  No.  38; 
any  filler  used  to  secure  a  round  exterior  must  be  impregnated 
with  a  moisture  repellent,  and  the  whole  bunch  of  conductors 
and  fillers  must  have  a  separate  exterior  covering  on  insulat- 
ing material  at  least  one-thirty-second  of  an  inch  in  thickness 
conforming  to  the  insulation  standard  given  in  Xo.  41,  and 
red  with  substantial  braid. 

2103.  44.  Interior  Conduits. — Each  length  of  conduit, 
whether  insulated  or  uninsulated,  must  have  the  maker's  name 
or  initials  stamped  in  the  metal  or  attached  thereto  in  a  satis- 
factory manner  so  that  it  can  readily  be  seen. 


793 

2104.         Metal  Conduits  With  Lining  of  Insulating  Material. 

b.  The  metal  covering  or  pipe  must  be  equal  in  strength 
to  the  ordinary  commercial  forms  of  i^as  pipe  of  the  same  size, 
and  its  thickness  must  not  be  less  than  that  of  standard  gas 
pipe,  as  shown  by  the  following  table: 

Size  in  Inches.  Thickness  of  Wall  in  Inches. 

y2    L09 

H     1U 

H    U3 

1    134 

r  ,     140 

\y2    145 

2    L54 

An  allowance  of  two-one-hundredths  of  an  inch  for  varia- 
tion in  manufacturing  and  loss  of  thickness  by  cleaning  will  be 
permitted. 

c.  Must  not  be  seriously  affected  externally  by  burning 
out  a  wire  inside  the   tube   when   the  iron   pipe  is  connected   to 

side  i >f  the  circuit. 

d.  Must  have  the  insulating  lining  firmly  secured  to  the 
pipe. 

e.  The  insulating  lining  must  not  crack  or  break  when  a 
length  of  the  conduit  is  uniformly  beut  at  a  temperature  of 
212  degrees  Fahrenheii  to  an  angle  of  90  degrees,  with  a  curve 
having  a  radius  of  fifteen  inches  For  pipes  of  one  inch  and  less 

and  fifteen  times  the  diameter  of  pipe  for  larger  pipes. 

f.  The  insulating  lining  must  not  soften  injuriously  at  a 
temperature  below    212  degrees    Fahrenheit,  and   must    leave 

r  in  which  it  is  boiled  practically  neutral. 

g.  'fhe    insulating   lining    must    he   al    least    one  tliirtx 

second  of  an  inch  in  thickness,  and  the  materials  ,,f  which  it  is 

composed  musl  be  of  such  a  nature  as  will  not  have  a  deterior- 
ating effect  in  the  insulation  of  the  conductors  and  he  suf- 
ficiently tough  and  tenacious  to  withstand  the  abrasion  test  of 
drawing  long  lengths  of  conductors  in  and  out  of  same. 

h.  'fhe  insulating  lining  musl  not  he  mechanically  weak 
after  three  days  submersion  in  water,  and  when  removed  from 
the  pipe  entire  musl  not  absorb  more  than  ten  per  cenl  of  its 
weighl  in  water  during  inn  hours  of  submersion. 


794 

i.  All  elbows  or  bends  must  be  so  made  that  the  con- 
duit or  lining  of  same  will  not  be  injured.  The  radius  of  the 
curve  of  the  inner  edge  of  any  elbow  not  to  be  less  than  three 
and  one-half  inches.  Must  have  not  more  than  the  equivalent 
oi  four  quarter  bends  from  outlet  to  outlet,  the  bends  at  the 
outlets  not  being  counted. 

2105.  Unlined  Metal  Conduits. — j.  Plain  iron  or  steel 
pipes  of  equal  thickness  and  strength  specified  for  lined  con- 
duits in  Xo.  17-b,  may  be  used  as  conduits,  provided  their  in- 
terior surfaces  are  smooth  and  free  from  burrs.  Pipe  to  be 
galvanized,  or  the  interior  surfaces  coated  or  enameled  to  pre- 
vent oxidization,  with  some  substance  which  will  not  soften 
so  as  to  become  sticky  and  prevent  wire  from  being  with- 
drawn from  the  pipe. 

k.  All  elbows  or  bends  must  be  so  made  that  the  con- 
duit will  not  be  injured.  The  radius  of  the  curve  of  the  inner 
edge  of  any  elbow  not  to  be  less  than  three  and  one-half  inches. 
Must  have  not  less  than  the  equivalent  of  four  quarter  bends 
fn  im  outlet  to  outlet,  the  bends  at  the  outlet  not  being  counted. 

2106.  45.  Wooden  Moldings. — a.  Must  have  both  out- 
side and  inside,  at  least  two  coats  of  water  proof  paint,  or  be 
impregnated  with  the  moisture  repellent. 

b.  Must  be  of  two  pieces,  a  backing  and  a  capping,  so 
constructed  as  to  thoroughly  incase  the  wire,  and  provide  a 
one-half  inch  tongue  between  the  conductors  and  a  solid  back- 
ing, which  under  grooves  shall  not  be  less  than  three-eighths 
of  an  inch  in  thickness,  and  must  afford  suitable  protection 
From  abrasion. 

2107.  46.  Switches. — a.  Must  be  mounted  on  non-com- 
bustible, non-absorptive  insulating  bases,  such  as  slate  or 
porcelain. 

b.  Must  have  carrying  capacity  sufficient  to  prevent  un- 
due heating. 

c.  Must  when  used  for  service  switches,  indicate,  on  in- 
spection, whether  the  current  be  "on"  or  "off." 

d.  Must  be  plainly  marked  where  it  will  always  be  visible 
with  the  current  and  voltage  for  which  the  switch  is  designed. 

e.  Must,  for  constant-potential  system,  operate  success- 
fully at  fifty  per  cent  overload  in  amperes,  with  twenty-five  per 


795 

cent  excess  voltage,  under  the  most  severe  conditions  the}'  arc 
liable  to  meet  with  in  practice. 

f.  Must,  for  constant-potential  systems,  have  a  firm  and 
secure  contact ;  must  make  and  break  readily  and  not  stop 
when  motion  has  once  been  imparted  by  the  handle. 

g.  Must,  for  constant  current  systems,  close  the  main 
circuit  and  disconnect  the  branch  wires  when  turned  "off"; 
must  be  so  constructed  that  they  shall  be  automatic  in  ac- 
tion, not  stopping  between  points  when  started,  and  must  pre- 
vent an  arc  between  the  points  under  all  circumstances.  They 
must  indicate,  under  inspection,  whether  the  current  be»"on" 
or  "off." 

2108.  47.  Cut-Outs  and  Circuit  Breakers.— a.  Must  b'e 
supported  on  the  bases  of  non-combustible,  non-absorptive  in- 
sulating material. 

b.  Cut-outs  must  l)e  provided  with  covers  when  not  ar- 
ranged in  approved  cabinets,  so  as  to  obviate  any  danger  of  the 
melted  fuse  metal  coming  in  contact  with  any  substance  which 
might  be  ignited  thereby. 

c.  Cut-outs  must  operate  successfully  under  the  most 
severe  conditions  they  are  liable  to  meet  with  in  practice,  on 
short  circuits,  with  fuses  rated  at  fifty  per  cent  above,  and  with 
a  voltage  twenty-five  per  cent  above  the  current  and  voltage 
for  which  they  are  designed. 

d.  Circuit  breaker^  must  operate  successful^    under  tlie 
mosl   severe  conditions  they  are  liable  to  meet   with  iii  prac 
tice,  on  tin-  ^hort  circuits  when  sel  at  tii"t\   per  cent  above  the 
current,  and   with  a  voltage  twent)  five  per  cent   above  that 
for  which  they  are  designed. 

e.  Must  be  plainly  marked,  where  it  will  always  be  vis- 
ible, wnli  tin-  name  of  the  maker  and  current  and  voltage  for 
which  t  lie  d<-\  ice  is  de  signed. 

2109.  48.  Fuses. — a.  Musi  have  contact  surfaces  for  tips 
of  harder  metal  having  perfect  electrical  connections  with  the 
fusible  pan  i if  the  -t rip. 

b.  Musi  be  tamped  with  about  eight)  per  cent  of  the 
maximum  current  the)  can  carr)  indefinitely,  thus  allowing 
aln  an  t  w  mi  \  five  per  cenl  i  >\  erl<  tad  befori      isi    melt 


796 

c.  Fuse  terminals  must  be  stamped  with  the  maker's 
name,  initials  or  some  known  trade-mark. 

2110.  49.  Cut-Out  Cabinets. — a.  Must  be  so  constructed 
and  cut-outs  so  arranged  as  to  obviate  any  danger  of  the  melt- 
ed fuse  metal  coming  in  contact  with  any  substance  which 
might  be  ignited  therein  . 

50.  Sockets. — Sockets  of  all  kinds,   including'  wall   re- 

ceptacles, must  be  constructed  in  accordance  with  the  follow- 
in-  specifications: 

a.  Standard  sizes:  The  standard  lamp  socket  shall  be 
suitable  for  use  on  any  voltage  not  exceeding  250  and  with 
any  size  lam])  up  to  fifty  candle  power.  For  lamps  larger  than 
fifty  candle  power  a  standard  keyless  socket  may  be  used,  or 
if  a  key  is  required,  a  special  socket  designed  for  the  current 
to  be  used,  must  be  made.  Any  special  sockets  must  follow 
the  general  spirit  of  these  specifications. 

b.  Marking:  Special  large  sockets  must  be  marked  with 
the  current  and  voltage  for  which  they  are  designed. 

c.  Shell :  Metal  used  for  shells  must  be  moderately 
hard,  but  not  hard  enough  to  be  brittle  or  so  soft  as  to  be  easily 
dented  or  knocked  out  of  place.  Brass  shells  must  be  at  least 
0.013  inch  in  thickness,  and  shells  of  any  other  material  must 
be  thick  enough  to  give  the  same  stiffness  and  strength  of 
brass. 

d.  Lining:  The  inside  of  the  shells  must  be  lined  with 
insulating  material  which  shall  absolutely  prevent  the  shell 
from  becoming  a  part  of  the  circuit,  even  though  the  wires  in- 
side the  socket  should  start  from  their  position  under  binding 
screws. 

The  material  used  for  lining  must  be  at  least  one-thirty- 
second  of  an  inch  in  thickness,  and  must  be  tough  and  tena- 
cious.  It  must  not  be  injuriously  affected  by  the  heat  from 
the  largest  lamp  permitted  in  the  socket,  and  must  leave  the 
water  in  which  it  is  boiled  practically  natural.  It  must  be  so 
firmly  secured  to  the  shell  that  it  will  not  fall  out  with  ordi- 
nary handling  of  the  socket.  It  is  preferable  to  have  the  lining 
in  one  piece. 

e.  Caps :  Caps  when  of  sheet  brass  must  be  at  least 
0.013  inch  in  thickness,  and  when  in  cast  or  made  of  other 


797 

metals,  must  be  of  equivalent  strength.  The  inlet  piece,  ex- 
cept for  special  sockets,  must  be  tapped  and  threaded  for  or- 
dinary }i  inch  pipe.  It  must  contain  sufficient  metal  for  a  full 
strong"  thread,  and.  when  not  on  the  same  piece  as  the  cap, 
must  be  joined  to  it  in  a  way  to  give  the  strength  of  a  single 
piece.  There  must  be  sufficient  room  in  the  cap  to  enable 
wire  man  to  easily  and  quickly  make  a  knot  in  the  cord,  and 
push  it  into  place  in  cap  without  crowding.  All  parts  of  the 
cap  which  the  knot  is  likely  to  bear  must  be  smooth  and  well 
insulated. 

f.  Frame  and  Screws:  The  frame  holding  moving  parts 
must  be  sufficiently  heavy  to  give  ample  strength  and  stiff- 
ness. 

Brass  pieces  containing  screw  threads  must  be  at  least 
0.06  <<i  an  inch  in  thickness. 

Binding  post  screws  must  not  be  smaller  than  No.  5  wire. 
and  about  forty  threads  per  inch. 

g.  Spacing:  Points  of  opposite  polarity  must  every- 
where be  kept  not  less  than  three  sixty-fourths  of  an  inch 
apart.  unless  separated  by  a  reliable  insulation. 

h.  Connections:  The  connecting  points  for  the  flexible 
cord,  musl  be  made  to  very  securely  grip  a  No.  16  B.  &  S.  con- 
ductor. A  turned  up  lug  arranged  so  thai  the  cord  ma\  be 
gripped  between  the  screw  and  the  lug  in  Such  a  way  thai  il 
cannot  p<  tssibly  o  >me  out. 

i.  The  sockel  musl  firmly  hold  the  lamp  in  place  so  thai 
it  cannot  easily  be  jarred  out.  and  musl  provide  a  contacl  good 
enough  to  prevent  undue  heating  with  maximum  currenl  al- 
lowed. The  holding  pieces  and  springs,  it'  a  part  of  the  circuit, 
musi  nol  be  sufficiently  exposed  \<>  allow  them  to  be  brought 

in  contacl  with  anything  outside  of  lamp  ami  socket. 

j.  Tin-  inside  parts  <>\  the  socket,  which  are  "i"  insulating 
material,  excepl   the  lining  must   be  made  of  porcelain. 

k.  The  sockel  k<w  handle  ninn  he  ,,f  such  material  that 
it   will    nol    soften    from    the   heat    of  a    fifty   candle   power   lamp 

hanging  downwards  from  tin-  sockel  in  air  at  seventy  degrees 
Fahrenheit,  and  must  be  securely  attached  to  the  metal  spindle 

it   is  designated  to  turn. 


798 

1.  All  screw-  in  porcelain  pieces  which  can  be  firmly 
sealed  in  place  must  be  so  scaled  by  a  water  proof  compound 
which  will  not  melt  below  200  degrees  Fahrenheit. 

m.  The  socket  must,  as  a  whole,  be  so  put  together  that 
it  will  not  rattle  to  pieces. 

n.  The  socket  when  slowly  turned  "on"  and  "off"  at  the 
rate  of  two  or  three  times  per  minute,  must  "make  and  break" 
the  circuit  6,000  times  before  failing  when  carrying  a  load  of 

ampere  at  "220  volts. 

6.  Keyless  sockets  of  all  kinds  must  comply  with  the  re- 
quirements for  key  sockets  as  far  as  they  apply. 

p.  Sockets  made  of  porcelain  or  other  insulating  ma- 
terial must  conform  to  the  above  requirements  as  far  as  they 
apply,  and  all  parts  must  he  strong"  enough  to  withstand  a 
derate  amount  of  hard  usage  without  breaking. 

q.  When  the  socket  is  not  attached  to  fixtures  the  threat- 
ened inlet  must  be  provided  with  a  strong  insulating  bushing 
having  a  smooth  hole  of  at  least  fifteen-sixty-fourths  of  an  inch 
in  thickness.  The  corners  of  the  bushing  must  be  rounded 
and  all  inside  fins  removed  so  that  in  no  place  will  the  cord  be 
objected  to  the  cutting  or  wearing  action  of  a  sharp  ed^e. 

2111.  51.  Hanger  Boards. — a.  Hanger  boards  must  be  so 
structed  that  all  wires  and  current  carrying  devices  there- 
on shall  be  exposed  to  view  and  thoroughly  insulated  by  being 
mounted  on  a  non-combustible,  non-absorptive  insulating  sub- 
stance. All  switches  attached  to  the  same  must  be  so  con- 
structed that  they  shall  be  automatic  in  their  action,  cutting 
oft"  both  poles  to  the  lamp,  not  stopping  between  the  points 
when  started  and  preventing  an  arc  between  points  under  all 
circumstances. 

2112.  52.  Arc  Lamps. — a.  Must  be  provided  with  reli- 
able stops  to  prevent  carbons  from  falling  out  in  case  of 
clamps  becoming  loose. 

b.  Must  be  carefully  insulated  from  the  circuit  in  all 
their  exposed  parts. 

c.  Must,  for  constant-current  systems,  be  provided  with 
an  approved  switch,  also  an  automatic  switch  that  will  shunt 
the  current  around  the  carbons,  should  they  fail  to  feed  prop- 


799 

erly.  The  hand  switch  to  he  approved,  if  placed  anywhere 
except  on  the  lamp  itself,  must  comply  with  the  requirements 

for  switches  on  hanger  boards  as  laid  down  in  No.  56. 

2113.  53.  Spark  Arresters. — Spark  arresters  must  be  so 
close  to  the  upper  part  of  the  orifice  of  the  globe,  thai  it  will  be 
impossible  for  any  sparks  thrown  off  by  the  carbons  to  escape. 

2114.  54.  Insulating  Joints. — a.  Must  be  entirely  made 
oi  material  that  will  resist  the  action  of  illuminating  gases  and 
will  not  give  way  or  soften  under  the  heat  of  an  ordinary 
gas  flame  or  leak  under  a  moderate  pressure.  It  shall  be  so 
arranged  that  a  deposit  of  moisture  will  not  destroy  the  in- 
sulating effect,  and  shall  have  an  insulating  resistance  of  at 
Ir.asl  250,000  ohms  between  the  gas  pipe  attachments,  and  be 
sufficiently  strong  to  resisl  the  strain  they  will  be  liable  to  be 
subjected  to  in  being  installed. 

2115.  55.  Resistance  Boxes  and  Equalizers. — a.  Must  be 
equipped  with  metal,  or  with  other  non-combustible  frames. 
The  word  "frames"  in  this  section  relates  to  the  entire  case 
and  surroundings  of  the  rheostat,  and  not  alone  upholding 
suppi  »r1  s. 

2116.  56.  Reactive  Coils  and  Condensers. — a.  Reactive 
coils  must  be  made  of  non-combustible  material,  mounted  on 

ibustible  bases  and  treated  in  general  like  sources  oi 
beat. 

b.     Condensers  musl   be  treated  like  apparatus  operating 
with  equivalent   voltage  and  currents.     The)    musl   have  non 
combustible  ease-  and  supports  and  musl   be  insulated   from 

ombustible  material  and  in  general  treated  like  sources  of 
heat. 

2117.  57.  Transformers. — a.  Must  nol  be  placed  in  any 
but  metallic  or  other  non-combustible  cases. 

b.  *  Must   be   constructed    to  comply    with    the    following 

test  : 

2118.  I.  Shall  be  rim  for  eighl  consecutive  hours  al  full 
load  in  watu  under  conditions  of  service,  and  al  thi  Mid  of 
thai  time  the  rising  temperature,  as  measured  by  the  incr 


800 

of  the  distance  of  the  primary  coil  shall  not  exceed  135  de- 
rives Fahrenheit. 

2119.  3.  The  insulation  of  transformers  when  heated  shall 
withstand  continuously  for  five  minutes  a  difference  of  poten- 
tial of  10,000  volts  (alternating)  between  primary  and  second- 
ary coils  and  between  the  primary  coils  and  core,  and  a  noload 
"run"  at  double  voltage  for  thirty  minutes. 

2120.  58.  Lightning  Arresters. — a.  Must  he  mounted  on 
non-combustible  bases,  and  must  he  so  constructed  as  not  to 
maintain  an  arc  after  the  discharge  has  passed,  and  must  have 
ii'  i  moving  parts. 

2121.  Sec.  258.     Miscellaneous. 

2122.  59.  Signaling  Systems. —  ( Governing  wiring  for 
telephone,  telegraph,  district  messenger  and  call  bell  circuits; 
fire  and  burglar  alarms,  and  all  other  similar  systems.)  a. 
All  aerial  conductors  and  underground  conductors  which 
arc  directly  connected  to  aerial  wires,  must  be  provided 
with  some  approved  protective  device,  which  shall  be  located 
as  near  their  point  of  entrance  to  the  building  as  possible  not 
less  than  six  inches  from  the  curtains  or  other  inflammable 
material. 

b.  If  the  protector  placed  inside  of  buildings,  wires  from 
i  »utside  support  to  binding  posts  of  protector  shall  comply  with 
the  following  requirements : 

2123.  1.  Must  be  of  copper,  and  not  smaller  than  No.  1G 
B.  &  S.  gauge. 

2124.  2.     Must  have  an  approved  insulating  covering. 

2125.  .*>.  Must  have  drip  loops  in  each  wire  immediately 
outside  the  building. 

2126.  4.  Must  enter  buildings  through  separate  holes 
sloping  upward  from  the  outside,  when  practicable.  Holes  to 
be  bushed  with  non-absorptive,  non-combustible  insulating 
tubes  extending  through  their  entire  length.  Where  tubing- 
is  not  practicable  the  wires  shall  be  wrapped  with  two  layers 
of  insulating  tape. 


801 

2127.  5.  Must  be  supported  on  porcelain  insulators,  so 
that  they  will  not  come  in  contact  with  any  other  than  their 
designated  supports. 

2128.  G.  A  separation  between  wires  of  at  least  two  and 
one-half  inches  must  be  maintained. 

c.  The  ground  wire  of  the  protective  device  shall  be  run 
in  accordance  with  the  following  requirements : 

2129.  1.  Shall  be  of  copper,  and  not  smaller  than  Xo.  16 
B.  &  S. 

2130.  2.     Must  be  an  approved  rubber  insulating  covering. 

2131.  3.  Shall  run  in  as  straight  a  line  as  possible  to  a 
good,  permanent  ground. 

2132.  4.  Shall  be  kept  at  least  three  inches  from  all  other 
conductors  and  supported  on  porcelain  insulators,  so  as  not  to 
come  in  contact  with  anything  but  its  designed  supports. 

d.  The  protector  to  be  approved  must  comply  with  the 
following  requirements : 

2133.  1.  Must  be  mounted  on  non-combustible,  non-ab- 
sorptive, insulating  bases,  so  designed  that  when  the  protector 
is  in  place  all  parts  which  may  be  alive  will  be  thoroughly  in- 
sulated from  tne  wall  holding  the  protector. 

2134.  2.     Must  have  the  following  parts: 

A  lightning  arrester  which  will  operate  with  a  difference 
of  potential  between  wires  of  nol  over  500  volts,  and  so  ar- 
ranged that  the  chance  of  accidental  grounding  is  reduced  to 
a  minimum. 

A  fuse  designed  to  "pen  the  circuit  in  case  the  wires  be- 

crossed  with  lighl  or  power  circuits  and  the  fuse  must 

be  able  to  open  the  circuil  without  arching  or  serious  flashing 

when  crossed   with  any  ordinary  commercial   lighl   or  power 

circuit. 

2135.  :;.     The  Fuses  musl  1"-  so  placed  as  to  protect  the  ar 

i   and  hea  >ils,  and  the  protector  terminals  musl  be 

plainly  marked  "line,"  "instrument,"  "grounds." 

e.  Win--  beyond  the  protector,  excepl  where  bunched, 
must  be  neatly  arranged  and  securely  fastened  in  place  in  any 


802 

convenient  workmanlike  manner.  They  must  not  come  near- 
er than  six  inches  to  any  electric  light  or  power  wire  in  the 
building  unless  incased  in  approved  tubing  so  secured  as  to 
prevent  its  slipping  out  of  place. 

Porcelain  tubing  or  secular  loom  conduit  shall  be  used  for 
encasing  wires. 

f.  Wires  connected  with  outside  circuits,  where  bunched 
her  within  any  building  or  inside  wires,  where  laid  in 
C(  >nduits  or  ducts  with  electric  light  or  power  wires,  must  have 
tire  resisting  covers,  or  else  they  must  be  enclosed  in  an  air- 
tight tube  or  duct. 

2136.  60.  Electric  Gas  Lighting. — Where  electric  gas 
lighting  is  to  be  used  on  the  same  fixture  with  electric  lights. 

a.  Xo  part  of  the  gas  piping  or  fixture  shall  be  an  electric 
connection  with  gas  lighting  circuit. 

b.  The  wires  used  with  the  fixtures  must  have  a  non- 
inflammable  insulation,  or  where  concealed  between  the  pipe 
and  shell  of  the  fixture,  the  insulating  must  be  such  as  re- 
quired for  fixture  wiring  for  electric  light. 

c.  The  whole  installation  must  test  free  from  "grounds." 

d.  The  two  installations  must  pass  perfectly  free  from 
connection  with  each  other. 

2137.  61.  Insulation  Resistance. — The  wiring  of  any 
building  must  test  free  from  grounds,  i.  e.,  the  complete  instal- 
lation between  conductors  and  between  all  conductors  and  the 
ground  (not  including  the  attachments,  sockets,  receptacles, 
etc.  i  of  not  less  than  the  following: 

Up    to  5  amperes 4,000,000  ohms 

l'p    to        10  amperes 2,000,000  ohms 

Up    to        25  amperes 800,000  ohms 

Up    to        50  amperes 400,000  ohms 

Up    to      100  amperes 200,000  ohms 

I  lp    to      200  amperes 100,000  ohms 

I  rp    to      400  amperes 50,000  ohms 

Up    to      800  amperes 25,000  ohms 

Up    to  1,600  amperes 12,500  ohms 

All  cut-outs  and  safety  devices  in  place  in  the  above. 

\\  here  lamp  sockets,  receptacles  and  electroliers,  etc.,  are 
connected,  one-half  of  the  above  will  be  required. 


803 

2138.  Sec.  259.  Repealing  Act. — All  ordinances  and  parts 
of  ordinances  inconsistent  with  this  ordinance  are  hereby  re- 
pealed. 

2139.  Sec.  260.  Penalty  for  Violation. — Any  person,  firm 
or  corporation  who  violates  any  of  the  provisions  of  this  or- 
dinance, shall,  upon  conviction  thereof  before  the  .Municipal 
Court  of  the  City  of  St.  Paul,  be  subject  to  a  fine  of  not  less 
than  Ten  ($10.00)  Dollars  nor  more  than  One  Hundred 
($100.00)  Dollars  or  by  imprisonment  in  the  Workhouse  of 
the  City  of  St.  Paul  for  a  period  of  not  less  than  ten  (10)  nor 
more  than  ninety  (90)  days. 

2140.  Sec.  261.  This  ordinance  shall  take  effect  and  be 
in  force  from  and  after  the  1st  day  of  September.  A.  D.  1901. 

Passed  by  the  Assembly  May  2,  1901. 

Yeas — Messrs.  Benson,  Craig,  Denny,  Haas,  Nelson,  War- 
ner, Wheeler.  Whitcomb,  Mr.  President — 9. 
Nays — 0. 

GEO.  F.  DIX, 
President  of  the  Assembly. 

Passed  by  the  Board  of  Aldermen  May  7,  1901. 
Yeas—. Aid.     Bantz,     Dahlquist,     Dobner,     Holt,     Hunt, 
Knauft,   Moriarty,   Murphy,   Schiffmann,     rimer.     Mr.   Presi- 
dent—11. 
Nays — 0. 

FRANK  J.  EiUBER, 
President  of  the  Board  i  if   Udermen. 

Approved  May  10,  1901. 

R<  IBERT  A.  SMITH,  Mayor. 

Attest:     MATT  fENSEN,  City  Clerk. 


804 

CHAPTER  195— S.  F.  NO.  172. 

2141.  An  act  to  license  and  regulate  all  persons  running  and 

operating  passenger  elevators  in  cities  of  this  state 
having  a  population  of  over  fifty  thousand  (50,000). 
(As  amended.) 

Be  it  enacted  by  the  Legislature  of  the  State  of  Minnesota: 

2142.  Sec.  1.  Xo  person  shall  hereafter  run  or  operate  any 
passenger  elevator  in  any  city  having  a  population  of  over  fifty 
thousand  (50,000)  of  this  state  until  he  shall  have  been  duly 
registered  and  licensed  to  run  passenger  elevators  as  herein- 
after provided. 

2143.  Sec.  2.  Before  any  person  shall  hereafter  engage  in 
running  or  operating  any  passenger  elevator  in  any  city  of  this 
state  having  a  population  of  over  fifty  thousand,  he  shall  regis- 
ter his  name  and  place  of  residence  with  the  building  inspector, 
or  if  none,  the  city  engineer  of  said  city  in  a  book  to  be  pro- 
vided and  kept  by  said  building  inspector,  or,  if  none,  the  city 
engineer  for  the  purpose,  and  shall  submit  to  an  examination 
by  and  before  said  building  inspector,  or,  if  none,  the  city  en- 
gineer, as  to  his  age  and  knowledge  of  the  mechanical  con- 
struction and  principal  parts  of  passenger  elevators,  and  as  to 
his  practical  experience  in  operating  the  same,  and  his  ability 
and  competency  to  properly  operate  such  passenger  elevator 
and  machinery,  and  shall  make  an  application  to  said  building 
inspector,  or,  if  none,  the  city  engineer,  for  a  license  to  operate 
passenger  elevators.  Such  examination  shall  be  held  within 
ten  days  after  such  application,  or  at  such  other  time  as  may 
be  fixed  by  the  building  inspector,  if  none,  the  city  engineer. 
Provided,  that  nothing  herein  contained  shall  prevent  any  per- 
son who  has  made  such  application  from  running  or  operating 
any  passenger  elevator  until  such  examination  is  held  as  so  re- 
quired. 

If  such  building  inspector,  or,  if  none,  city  engineer,  shall 
upon  due  and  thorough  examination,  find  that  such  applicant 
for  license  as  aforesaid  is  possessed  of  sufficient  knowledge, 
skill  and  ability  to  properly  operate  and  run  passenger  eleva- 
tors with  safety  to  passengers  therein,  said  building  inspector, 
or,  if  none,  city  engineer  shall  issue  to  such  applicant  a  license 


805 

certificate  stating  that  upon  due  and  thorough  examination 
they  find  that  the  licensee  therein  named  is  possessed  of  suf- 
ficient knowledge,  skill  and  ability,  and  is  competent  to  prop- 
erly operate  and  run  passenger  elevators  with  safety  to  pas- 
sengers  therein,  and  duly  licensing  such  applicant  to  operate 
and  run  passenger  elevators  in  cities  of  this  state  having  a 
population  of  over  fifty  thousand. 

All  licenses  issued  under  this  act  shall  expire  one  year 
after  the  date  of  issuing  the  same.  Said  building  inspector, 
or.  if  none,  city  engineer  shall  not  issue  such  license  to  any 
person  not  possessing  the  qualifications,  knowledge,  skill  and 
ability  to  properly  operate  passenger  elevators  hereinbefore 
specified  :  every  person  licensed  to  operate  passenger  elevators 
shall  keep  his  license  conspicuously  posted  in  the  carriage  of 
the  elevator  which  he  operates;  provided,  that  before  any 
license  is  issued  the  applicant  shall  pay  to  the  authority  issu- 
ing the  same  a  fee  of  twenty-five  cents,  which  shall  be  used 
only  for  the  payment  of  incidental  and  necessary  expenses. 

2144.  Sec.  ">.  No  owner,  agent,  occupant  or  other  person 
having  charge  of  any  building  in  any  city  of  this  state,  having 
a  population  of  over  fifty  thousand  shall  procure,  employ  or 
permit,  or  cause  to  be  procured,  employed  or  permitted,  any 
person  not  duly  licensed  as  herein  provided  to  operate  or  run 
any  passenger  elevator  or  elevators  in  any  such  buildings  of 
which  such  owner,  agent,  occupant  or  other  person  has 
charge  i  »r  a  >ntrol. 

2145.  Sec.  i.  Any  person  who  shall  violate  any  of  the 
provisions  of  this  acl  shall  be  guilty  of  a  misdemeanor,  and 
shall  upon  conviction  be  punished  by  a  fine  not  t<>  exceed  one 
hundred  dollars,  or  upon  default  in  the  payment  of  such  line, 
by    imprisonment    not   to   exceed    ninety    days. 

2146.  Sec.  5.  Tli:  hall  take  effecl  ami  be  in  force 
from  and  after  July   1st,   L901. 

Approved  April  l",  L901. 


806 

FIRE    DEPARTMENT— FIRES— FIRE    PLUGS— FIRES, 
PRECAUTIONS— CHIEF  FIRE   WARDEN. 

2147.  Chief  and  assistant  engineer  may  make  arrests,  when. 
— Vested  with  police  powers. — It  shall  be  lawful  for  the  chief 
engineer  and  the  assistant  engineer  of  the  fire  department  of 
tile  City  of  St.  Paul,  during  the  time  of  a  fire,  and  for  and 
during  the  period  of  twenty-four  (2-4)  hours  after  its  extinc- 
tion, to  arrest  any  suspected  person,  or  any  person  hindering, 
resisting,  conducting  in  a  noisy  and  disorderly  manner,  or 
refusing  to  obey  any  such  officer  while  acting  in  the  discharge 
of  his  duty,  and  as  soon  as  their  duties  in  relation  to  the 
extinguishment  of  the  fire  will  permit,  take  such  person  be- 
fore the  municipal  court  to  be  dealt  with  according  to  law. 
Said  officers  shall  be  severally  vested  with  the  usual  powers 
and  authority  of  police  officers  of  said  city. 

(Ord.  434,  Aug.  19,  1884,  §  1.) 

2148.  No  vehicle  to  go  over  hose  without  consent. — Xo  per- 
son shall  go  over  any  hose  of  the  fire  department  of  the  City 
of  St.  Paul,  when  laid  down  to  be  used  at  any  fire,  or  alarm 
of  fire,  or  in  filling  cisterns,  with  any  vehicle,  without  first 
obtaining  the  consent  of  the  chief  or  assistant  engineer.  Nor 
shall  any  person  or  persons,  except  members  of  the  fire  de- 
partment of  said  city,  accompany  or  lead,  or  attempt  to  ac- 
company or  lead,  on  bicycles  or  in  carriages,  or  by  means  of 
any  other  vehicle  or  method  of  conveyance,  any  of  the  en- 
gines, carts,  wagons  or  other  machinery  or  appliances  of  the 
fire  department  to  the  scene  or  vicinity  of  a  fire. 

(Ord.    434,   Aug.    19,    1884.    §   2.   as    amended   by   Ord.    2024. 
approved  Jan.  20,  1899,  §  1.) 

2149.  Chief  and  assistant  engineer  may  prescribe  limits 
in  vicinity  of  fire. — The  chief  engineer  or  assistant  engineer 
may  prescribe  limits,  in  the  vicinity  of  any  fire,  within  which 
no  person,  excepting  those  who  reside  therein,  members  of 
the  fire  or  police  department,  and  those  admitted  by  the  order 
(-•\  the  officers  of  the  fire  department,  shall  be  permitted  to 
come. 

TTd.  §3.) 

2150.  Hatchways,  openings,  etc.,  in  buildings  in  city  to 
have  shutters  or  doors,  to  be  closed  from  6  P.  M.  to  6  A.  M., 


807 

except. — All  buildings  within  the  City  of  St.  Paul  having 
hatchways,  hoistways,  cellar  openings,  or  other  openings 
leading  from  floor  to  floor  (except  properly  protected  sky- 
lights) of  whatever  name  or  description,  shall  be  provided  with 
good  and  substantial  shutters  or  doors  for  all  of  such  hatch- 
ways, hoistways,  cellar  doors  or  other  openings,  and  the  said 
shutters  or  doors  shall  be  kept  closed,  except  when  in  actual 
use,  from  the  hour  of  six  (6)  o'clock  P.  M.  to  six  (6)  o'clock 
A.  M.  of  each  dav. 

(Id.  §  4.) 

2151.  No  person  to  refuse  to  assist  or  obey  orders  at  fires 
— Officers  and  firemen  not  to  be  resisted  or  impeded. — Xo  per- 
son at  a  fire  shall,  in  the  absence  of  a  sufficient  excuse,  refuse 
to  assist  to  extinguish  the  same,  nor  refuse  to  obey  any  order 
oi  direction  given  by  any  person  duly  authorized  by  law  to 
order  and  direct  at  any  fire,  nor  shall  any  person  resist  or 
impede  any  officer,  fireman  or  other  person  in  the  discharge 
of  his  duty. 

(Id.  §  5.) 

2152.  Interference  with  fire  apparatus — Penalty  and  lia- 
bility.—  If  any  person  shall  willfully  injure  in  any  manner,  or 
shall  at  any  time  interefere,  without  competent  authority, 
with  any  hose,  fire  engine  or  other  apparatus  or  building  con- 
taining; the  same,  belonging  to  the  city,  the  offender  shall  for 
every  such  offense  be  fined  as  hereinafter  mentioned,  besides 
being  liable  to  a  civil  action  for  the  recovery  of  the  damages 
done. 

(Id.  §  G.) 

2153.  Chief  of  police  or  detailed  officer  to  report  at  fire  to 
chief  or  assistant  chief  of  fire  department. — Tin-  chief  of  police, 
or,  in  case  he  is  unavoidably  detained,  an  officer  to  be  detailed 
by  him,  shall  repair  immediately  on  the  alarm  "t'  tire  to  the 
place  where  the  fire  may  be,  and  reporl  himself  to  the  chief 
oi  fire  department,  or  his  assistant,  for  the  preservation  <>f  tin- 
public  peace,  the  removal  of  all  idle  ami  suspected  persons, 
and  for  the  preservation  of  property  in  the  vicinity  of  the 
fire. 

(Id.  §  7.) 


808 

2154.  Penalty. — Any  person  violating  any  of  the  provisions 
of  this  ordinance  shall,  on  conviction  in  the  municipal  court, 
be  tine  J  in  any  sum  not  less  than  five  dollars  ($5)  nor  more 
than  one  hundred  dollars  ($100)  for  each  and  every  such 
i  »flfense. 

(Id.  §  8.) 

2155.  Fire  plugs — Animals  not  to  be  tied  to — Damage  to 
— Interference — Penalty. — Any  person  who  shall  hitch  or  tie 
any  horse  or  other  animal  to  any  fire  plug  now  or  hereafter 
erected  by  the  (City  of)  St.  Paul,  or  shall  carelessly  deface, 
injure  or  damage  any  such  fire  plug,  or  shall  remove  the  cap 
from  the  nozzle  of  any  fire  plug,  shall,  upon  conviction  for 
every  such  offense,  pay  a  fine  of  not  less  than  ten  dollars 
($10)  or  more  than  one  hundred  dollars  ($100.) 

(Ord.  Jan.  11,  1871,  §  1.) 

2156.  Opening  fire  plug — Penalty. — Every  person  who, 
without  authority  of  the  chief  engineer  of  the  fire  department, 
except  as  provided  in  section  four  (4)  of  this  ordinance,  shall 
open  any  such  fire  plug,  shall,  upon  conviction  thereof,  pay 
a  fine  of  not  less  than  twenty-five  dollars  ($25)  nor  more  than 
one  hundred  dollars  ($100). 

(Id.  §  2.) 

2157.  Not  to  be  used  for  practice  without  permission. — 
No  person  belonging  to  the  fire  department  shall,  except  in 
the  case  of  fire,  use  such  fire  plugs  for  the  purpose  of  prac- 
ticing with  hose  or  engine  without  express  permission  given 
for  that  purpose  by  the  chief  engineer  of  the  fire  department. 

(Id.  §  3.) 

2158.  Opening  and  closing  of  plugs — Chief  engineer — 
Penalty. — The  chief  engineer  of  the  fire  department  shall  have 
authority  to  and  shall  prescribe  the  manner  in  which  all  fire 
plugs  shall  be  closed,  and  no  person  shall  have  authority  to 
open  or  close,  or  partially  open  or  close,  any  fire  plug  except 
the  chief  engineer,  except  in  cases  of  fire.  Every  person  of- 
fending (sic)  the  provisions  of  this  section  shall  pay  a  fine  of 
ten  dollars  C$10),  and  be  removed  and  displaced  from  his 
station  and  as  a  member  of  the  fire  or  hose  company  to  wrhich 
he  mav  belong. 

(Id.  §  4.) 


809 

2159.  Chief  engineer  to  be  chief  fire  warden — Keep  record 
and  report  to  council — Policemen  to  report  to — Penalty. — In 

addition  to  the  duties  now  imposed  by  any  law  or  ordinance 
upon  the  chief  engineer  of  the  fire  department,  he  shall  be 
and  is  declared  to  be  chief  fire  warden  of  the  City  of  St.  Paul, 
and  shall  keep  a  record  and  report  to  the  common  council,  on 
the  first  Tuesday  in  June  and  December  in  each  year,  all 
information  necessary  to  protect  the  city  from  danger  by  fire. 
The  police  patrolmen  of  the  respective  wards  shall  notice  any 
infractions  of  the  laws  and  ordinances  made  for  the  protec- 
tion of  the  city  from  fires,  in  their  respective  wards  particu- 
larly, and  in  the  city  generally,  and  shall  make  reports  to  the 
chief  fire  warden  as  to  danger  of  fires  from  any  cause  what- 
ever without  delay.  Any  neglect  of  the  several  patrolmen 
to  perform  their  duty  under  this  ordinance  shall  be  subject 
to  a  fine  not  to  exceed  fifty  dollars  ($50). 
(Ord.  May  2,  1876,  §  1.) 

2160.  Chief  fire  warden  may  enter  premises  and  give 
orders  as  to  fire-places,  etc.,  and  combustibles. — The  chief  fire 
warden,  in  the  months  of  May  and  November,  and  as  much 
oftener  as  may  be  deemed  proper,  between  sunrise  and  sun- 
set of  any  week-day,  is  authorized  to  enter  into  any  house 
or  building,  lots,  yards  or  premises  in  said  city  and  examine 
the  fire-places,  hearths,  chimneys,  stoves  and  pipes  thereto, 
ovens,  boilers  or  other  apparatus  likely  to  cause  lire:  also,  the 
plac<  s  where  ashes  may  be  deposited,  and  all  places  where 
any  gunpowder,  hemp,  flax,  tow,  hay,  straw,  rushes,  shavings 
or  other  combustible  materials  may  he  lodged;  and  give  such 
orders  either  as  to  the  removal  and  alteration,  or  better  care 
and  management  thereof,  which  directions  shall  be  obeyed 
and  complied  with  by  the  person  or  persons  directed  in  that 
behalf,  and  at  their  expense. 

(Id.  §2.) 

2161.  Penalty  for  refusing  to  fire  warden  admission  to 
premises. — That  any  person  or  corporation,  being  the  owner 
or  occupant  of  any  house,  building,  l"t,  yard  or  premises  in 
said  city,  who  shall  refuse  admission  to  the  chief  tire  warden 
or  any  of  the   fire   wardens  or  deputy   fin-   wardens   in    hi     01 


810 

their  official  capacity  into  his.  her  or  its  house,  building,  lot, 
yard  or  premises,  as  aforesaid,  between  sunrise  and  sunset  of 
any  week-day,  for  the  purpose  of  making  such  examination 
as  said  officers  may  think  proper  in  the  prosecution  of  their 
legal  duties,  is  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred 
dollars  ($100)  or  imprisonment  for  a  period  not  exceeding 
ninety  i  00)  days. 

(Ord.  1267,  Dec.  3,  1889,  §  1.) 

2162.  Chimneys — Duties  of  fire  warden — Causes  of  fire — 
Penalties. — The  chief  fire  warden  shall  also  have  authority 
to  cause  chimneys  to  be  burned  out,  or  otherwise  cleaned, 
whenever  he  shall  deem  it  necessary,  and  require  the  tenant 
or  tenants,  owner  or  owners,  of  any  blacksmith  shop  so  to 
alter  or  construct  (as  the  case  may  require)  the  chimneys  in 
said  shop  as  to  prevent  sparks  or  fire  from  passing  into  the 
open  air,  and  may  require  the  ceiling  or  sides  of  any  shop, 
or  any  part  thereof,  to  be  plastered.  Every  occupant  of  prem- 
ises whose  chimney  shall  take  fire,  except  when  burned  out 
under  the  direction  or  by  the  permission  of  the  chief  fire  war- 
den, shall  be  fined  three  dollars  ($3)  for  each  infraction  of  the 
law.  And  also  to  remove  or  abate,  with  the  consent  of  the 
common  council  (and  in  neglect  or  refusal  of  the  owner  or 
occupant),  any  cause  from  which  immediate  danger  of  fire 
may  be  apprehended,  at  the  expense  of  the  persons  occasion- 
ing the  same.  The  said  chief  fire  warden  is  hereby  empow- 
ered to  require  that  chimneys  shall  be  swept  or  cleaned  by 
owners  or  occupants,  as  the  case  may  be,  at  such  periods  and 
under  such  regulations  as  he  shall  prescribe ;  and  for  every 
case  of  neglect  or  refusal  the  parties  shall  forfeit  and  pay  a 
penalty  of  five  dollars  ($5)  ;  and  for  every  subsequent  case 
of  neglect  or  refusal,  after  being  thereto  specially  required 
by  the  chief  fire  warden,  a  penalty  of  one  dollar  ($1)  in  ad- 
dition. 

(Ord.  May  2,  1876,  §  3,  as  amended  by  Ord.  June  6,  1876, 

§1.) 

2163.  Penalties. — If  any  person  or  persons  shall  neglect  or 
refuse  to  comply  with  any  such  directions  as  the  chief  fire 


811 

warden  may  give  in  the  premises,  or  shall  obstruct  or  hinder 
the  chief  fire  warden  in  the  performance  of  his  duty,  the  per- 
son so  offending  shall  forfeit  and  pay  for  every  such  neglect, 
non-compliance  or  hindrance  a  sum  not  exceeding  fifty  dol- 
lars ($50),  and  for  every  day  which  shall  elapse  after  the  time 
allotted  for  such  removal,  alteration,  or  better  care  or  man- 
agement, without  compliance  with  such  directions,  the  said 
person  shall  also  forfeit  and  pay  a  further  and  additional 
sum  of  five  dollars  ($5),  and  all  expenses  caused  in  carrying 
into  effect  the  directions  of  the  chief  fire  warden.  The  said 
penalty  shall,  in  the  first  instance  be  paid  by  the  occupant 
of  the  premises,  and  shall  be  deducted  from  the  rent  payable 
by  him,  her  or  them,  unless  such  directions  were  rendered 
necessary  by  the  act  or  default  of  said  occupant,  or  there  be 
a  special  agreement  to  the  contrary  between  the  landlord  and 
said  occupant ;  and  it  shall  also  be  the  duty  of  the  chief  fire 
warden  to  ascertain  whether  or  not  his  directions  are  duly 
complied  with,  and  in  case  of  non-compliance,  or  in  case  of 
any  violation  of  this  chapter,  he  shall  cause  such  offender  to 
In  prosecuted  for  the  recovery  of  the  penalty  incurred  by 
them. 

(Ord.    May   3,   1876,   §    I,  as  amended  by   Ord.    fune    6,   187G, 

§2.) 

2J64.  Stove  pipes,  how  put  up — Chimneys  not  to  be  burned 
v/ithout  permission — Penalties. — No  pipe  of  any  stove  or 
Franklin  shall  be  put  up  in  any  house  or  building,  unless  it 
mdui  ted  into  a  chimney  made  of  brick  <>r  stone;  nor  shall 
any  person  at  any  time  set  fire  to  any  chimne)  for  the  purpose 
of  cleaning  the  same  without  previous  consenl  of  the  chief 
fire  warden  ;  and  any  person  putting  up,  or  procuring  to  be  put 
up,  the  pipe  of  any  stove  or  Franklin,  or  doing  any  other  act 
contrary  to  this  section,  shall,  for  ever)    offense,  forfeil   five 

dollar-    i  S."i  i .    and    the    further    sum    of    one    dollar    <Sli    ever) 

twenty-four  (24)  hours  the  same  shall  remain  s,,  put  up  after 
notice  by  the  chief  tire  warden  to  alter  the  same. 
((  Ird.  M,i\  2,  I87i 

2165.  Chimneys  to  be  plastered — Penalties — Fire  warden 
report  to  council  defective  construction — Chimneys  to  be  con- 


8 1 2 

structed  with  reference  to  cleaning — Penalties. — Every  chim- 
ney hereafter  to  be  erected,  and  all  chimneys  whatever,  shall 
be  plastered  with  lime  and  sand  on  the  inside  thereof,  under 
a  penalty  of  twenty-five  dollars  ($25),  and  a  further  penalty 
of  ten  dollars  ($10)  for  every  fifteen  (15)  days'  neglect  to 
alter  or  take  down  the  same  after  notice  given  by  the  chief 
tire  warden  for  that  purpose.  It  shall  be  the  duty  of  the  chief 
tire  warden  to  take  notice  of  all  chimneys,  when  the  same  are 
being  constructed,  and  ascertain  whether  they  are  in  con- 
formity with  the  requirements  of  this  chapter,  and  if  not, 
make  a  report  to  the  common  council.  Chimneys  shall  be  so 
constructed  or  altered  as  to  admit  of  the  flues  therein  being 
swept  or  cleaned  from  top  to  bottom,  under  the  same  penal- 
ties for  neglect  or  refusal  as  are  prescribed  in  section  three  (3). 

(Id.  §  6.) 

2166.  Fire  not  to  be  carried  through  street,  etc.,  except — 
Penalty. — Xo  person  shall  carry  fire  in  or  through  any  street 
or  lot.  except  the  same  be  placed  or  carried  in  some  close  or 
secure  pan  or  vessel,  under  penalty  of  five  dollars  ($5)  for  such 
offense. 

(Id.  §  7.) 

2167.  Deposit  of  ashes — Penalty. — No  ashes,  except  at 
manufactories  where  ashes  are  used,  shall  be  kept  or  depos- 
ited in  any  part  of  the  city,  unless  the  same  be  in  a  close  and 
secure  metallic  or  earthen  vessel,  or  brick  or  stone  sub-room, 
under  a  penalty  of  one  dollar  ($1)  for  every  twenty-four  (24) 
hours  the  same  shall  remain  after  notice  from  the  chief  fire 
warden  to  remove  the  same. 

(Id.  §  8.) 

2168.  Buildings  to  have  scuttles  and  leading  stairways — 
Penalties. — Every  dwelling  house  or  other  building  more  than 
one  ( 1  i  story  in  height  within  this  city  shall  have  a  scuttle 
through  the  roof,  and  a  convenient  and  leading  stairway  or 
ladder  suitable  to  the  same;  and  any  person  constructing  such 
dwelling  house  or  building  without  a  scuttle,  and  every  owner 
of  such  house  or  building  now  erected  (not  having  perma- 
nent or  convenient  means  of  access  to  the  roof)  neglecting  to 
comply  with  the  requisitions  of  this  section  for  the  space  of 


813 

thirty  (30)  days  after  notice  from  the  chief  fire  warden  shall 
forfeit  twenty-five  dollars  ($25),  and  the  further  sum  of  five 
dollars  ($5)  for  every  ten  (10)  days  the  non-compliance  shall 
continue  to  exist. 

(Id.  §  9.) 

2169.  Shavings,  etc.,  to  be  secured — Carpenters  and  others 
to  sweep  up  and  burn — Penalty. — It  shall  not  be  lawful  for 
any  person  or  persons  to  have  in  his  or  her  possession  any 
shavings,  wood,  or  fuel  of  any  description  combustible,  or  any 
material  that  may  occasion  hazard  or  danger  of  fire,  unless 
the  same  shall  be  placed  in  such  situation,  and  be  secured  in 
such  manner  as  shall  be  directed  by  the  chief  fire  warden  or 
the  policeman  in  the  ward  in  which  either  of  the  before 
enumerated  articles  shall  be  deposited;  and  all  carpenters, 
cabinet  makers,  turners,  coak  makers,  whecl-wrights.  coopers, 
and  others  using  any  trade  by  which  shavings  are  made,  shall 
respectively,  on  Wednesday  and  Saturday  of  each  week,  cause 
the  place  where  such  shavings  are  to  be  swept,  and  the  shav- 
ings to  be  carefully  gathered  and  burned,  between  sunrise  and 
sunset,  at  some  place  distant  at  least  fifty  (50)  feet  from  any 
building,  under  the  penalty  of  five  dollars  ($5)  for  each  omis- 
sion or  offense  herein. 

(Id.  §  10.) 

2170.  Shavings  not  to  be  burned  or  fire  kindled  in  street, 
etc. — Penalty. —  It  shall  not  be  lawful  to  burn  any  shavings  in 
any  street,  road  or  lane,  or  to  kindle  any  fire  or  any  other  com- 
bustible  matter  in  an\  street,  road  or  lane,  or  on  any  wharf 
in  this  city,  under  the  penalty  of  not  exceeding  tin  dollars 
($10)  for  '.'i'h  offense,  to  be  recovered  from  any  person  or 
persons  aiding  or  assisting  therein. 

(Id.  §  11.) 

2171.  Deposit  of  powder — Penalty. — No  powder  shall  ho 
deposited  in  any  magazine,  under  a  penally  <,f  ten  dollars  ($10) 
for  each  and  every  offense,  unless  the  same  be  appr< '\  ed  by  the 
common   council. 

(Id.  §  r.M 

2172.  Candle  or  other  light  not  to  be  used  in  stable  unless 
protected — Penalty. — No  owner  or  OCCUpanl    "i  any  livery  or 


81  I 

other  stable  within  this  city,  nor  any  person  in  the  employ- 
ment of  such  owner  or  occupant,  shall  use  therein  any  lighted 
candle  or  other  light,  except  the  same  be  securely  kept  within 
a  horn,  tin  or  glass,  or  lantern,  under  a  penalty  not  exceeding 
ten  dollars  ($10)  for  each  offense,  to  be  recovered  with  costs 
of  suit. 

(Id.  §  13.) 

2173.  Parent  or  master  liable  for  child  or  servant. — If  any 
offense  shall  be  committed  against  this  chapter  by  any  child, 
apprentice  or  servant,  the  forfeitures  and  penalty  shall  be 
recovered  from  and  paid  by  the  parent,  master  or  mistress  of 
the  partv  offending. 

(Id.  §  14.) 

2174.  Lumber — Maximum  number  of  feet  to  be  kept  on 
hand — Penalty. — Xo  lumber  shall  be  kept  for  sale,  or  piled  or 
stacked  within  the  fire  limits  of  the  city,  nor  shall  any  me- 
chanics keep  on  hand  to  exceed  ten  thousand  (10,000)  feet  at 
one  time,  within  the  fire  limits,  for  manufacturing  or  any  other 
purpose,  under  a  penalty  of  twenty  dollars  ($20)  for  each 
offense,  and  a  like  penalty  for  each  week  the  same  shall  be 
allowed  to  remain. 

(Id.  §  15.) 

2175.  Deposit  of  hay  and  combustibles — Penalty. — Xo  per- 
son shall  deposit  or  stack  any  hay,  straw  or  other  combusti- 
ble material  within  one  hundred  (100)  feet  of  any  building 
of  any  description  within  the  City  of  St.  Paul,  under  a  pen- 
alty of  twenty  dollars  ($20)  for  each  offense,  and  a  like  penalty 
for  every  week  the  same  may  remain  after  notice  from  the 
chief  fire  warden. 

(Id.  §  16.) 

2176.  Inconsistent  ordinances  repealed. — All  ordinances,  or 
parts  of  ordinances,  inconsistent  with  this  ordinance  are  here- 
by repealed. 

(Id.  §  17.) 


PART  IV. 
STREET    CAR   ORDINANCES. 


817 

Ordinance  No.   57. 

(Approved  January  8,  1872.) 

2176a.  An  Ordinance  to  authorize  the  construction  and 
operation  of  horse  railways  in  certain  streets  of  the 
City  of  St.  Paul. 

The   Common  Council  of  the  City  of  St.  Paul  do  ordain  as 

follows : 

Sec.  1.  There  is  hereby  granted  to  J.  C.  Burbank,  J.  L. 
Merriam,  William  Dawson,  E.  F.  Drake,  H.  L.  Carver,  Horace 
Thompson,  William  Lee,  Louis  Roberts,  William  F.  David- 
son, A.  H.  Wilder,  Peter  Berkey,  P.  F.  McQuillan,  George 
Culver,  James  M.  Winslow,  Bartlett  Presley,  A.  Vance  Brown. 
J.  A.  Lusk,  W.  S.  Wright,  or  such  of  them  as  shall  accept 
and  comply  with  the  terms  hereof,  together  with  such  other 
persons  as  shall  hereafter  become  associated  with  them,  and 
to  their  heirs,  executors,  administrators,  successors  and  as- 
signs, permission  or  authority  and  consent  of  the  common 
council  of  the  City  of  St.  Paul  to  lay  a  line  of  railway  with 
single  or  double  track,  with  all  necessary  or  convenient  tracks 
for  turn-outs  and  side  tracks  and  switches  in  any  or  all  of 
the  streets  in  said  city,  conditioned  that  no  track  shall  be  laid 
on  Third  street  between  Sibley  and  Wabasha,  and  that  a 
single  track  only  shall  be  laid  on  Third  street  between  Wa- 
basha and  Fort  street-.,  and  no  double  track  on  any  street 
which  is  less  than  sixty  feet  in  width,  and  to  operate  horse 
passenger  rail\va\  ears  and  carriages  thereon  in  the  manner, 
for  the  time  and  upon  the  conditions  hereinafter  mentioned 
and  prescribed.  Provided,  thai  a  single  track  only  shall  be 
on  Third  streel  between  Wacouta  street  and  P>road\vay,  and 
that  in  all  instances  the  tracks  of  said  several  lines  of  railway 
shall  be  laid  on  the  central  portion  of  the  stn 

Sec.  2.  The  carriage  or  cars  used  thereon  shall  be  of 
the  besl  style,  with  all  the  modern  improvements  desirable, 
and  shall  be  propelled  by  none  other  than  animal  power,  and 
no  locomotive  or  engine  propelled  by  steam  shall  ever  be  used 
upon  any  of  said  several  lines  of  railway,  or  any  part  thereof. 

Sec.  3.  Tin-  Common  Council  may  regulate  the  speed  for 
running  said  cars  so  far  as  conform  to  th<  eneralrj  per 

mittcd   for  similar  cars  in   other  cities. 


818 

Sec.  I.  The  said  railways  arc  to  be  constructed  and  oper- 
ated, as  aforesaid,  on  the  established  grades  of  said  streets, 
which  said  grade  shall  not  during  the  continuance  of  said  rail- 
wax-  be  altered  or  changed  at  the  cost  or  the  damage  of  said 

0  tmpany. 

Provided,  however,  that  if  said  parties,  their  associates, 
successors  or  assigns  shall  desire  to  lay  such  track  or  tracks 
upon  such  part  of  said  streets  as  may  not  be  graded  they  shall 
have  the  right  to  do  so  by  making  the  necessary  grade  at  their 
own  cost  and  expense. 

Sec.  5.  The  track  of  said  railway  shall  not  be  elevated 
above   the  surface  of  the  street,   and   shall   be   laid   with   the 

1  l.  (t.  rail  (so-called),  or  the  rail  approved  by  the  Common 
Council,  and  shall  be  so  laid  that  carriages  and  vehicles  can 
easily  and  freely  cross  said  track  at  any  and  all  points  thereof 
with  the  least  obstruction  possible.  Provided,  however,  that 
no  track,  or  part  of  a  track,  shall  be  operated  before  the  same 
shall  have  been  inspected  and  approved  by  the  Common 
Council  of  said  city  after  written  notice  by  the  company  of  its 
completion. 

Sec.  6.  The  rate  of  fare  for  any  distance  within  the  city 
on  any  line  of  said  railway  shall  not  exceed  seven  cents  for 
each  and  every  passenger,  including  ordinary  baggage,  except 
when  cars  or  carriages  have  been  chartered  for  a  specific  pur- 
pose, but  before  any  car  or  carriage  shall  be  used  or  operated 
on  said  lines  or  routes  a  license  of  ten  dollars  per  annum  for 
each  car  or  carriage  shall  be  paid  to  said  city,  to  be  obtained 
in  the  same  manner  as  regulated  by  ordinance  respecting  hacks 
in  said  city,  and  any  officer,  conductor  or  driver  who  shall 
operate  or  cause  to  be  driven  or  operated  upon  either  of  said 
lines  any  car  or  carriage,  unless  the  same  shall  be  first  duly 
licensed  as  herein  provided,  shall  be  punished  by  a  fine  of  not 
less  than  ten  nor  more  than  fifty  dollars.  Provided,  however, 
that  when  the  same  car  or  carriage  travels  two  or  more  streets 
or  lines  there  shall  be  but  one  fare  for  the  whole  distance  so 
traversed.  And  provided,  further,  that  if  after  three  years 
from  the  construction  of  any  of  said  lines  of  railway  it  shall 
be  found  that  the  net  earnings  of  said  lines  are  sufficient  to 
pay  above  ten  per  cent   on  the  cost  of  constructing,  equipping 


819 

and  maintaining  the  same  the  said  Common  Council  shall' 
have  authority  to  reduce  the  fare  on  such  line,  but  not  below 
the  sum  of  five  cents. 

Sec.  ;.  (As  amended  July  3rd,  1S72.)  The  rights  and 
privileges  hereby  granted  shall  be  forfeited  to  said  city  unless 
there  shall  be  constructed  and  equipped  for  business  and  in 
full  operation  at  least  one  mile  of  said  railway  on  one  or  more 
of  said  lines  on  or  before  the  first  day  of  July,  1872 ;  at  least 
one  further  mile  on  or  before  the  thirty-first  day  of  December, 
1872;  at  least  one  further  mile  on  or  before  the  fifteenth  day 
of  July,  1873.  Provided,  that  if  required  by  a  resolution  of  the 
Common  Council,  adopted  by  a  vote  of  two-thirds  of  its  mem- 
bers, to  build,  equip  and  operate  an  additional  mile  of  said 
railway  on  any  street  or  streets  designated  by  the  city  council, 
every  six  months  thereafter  the  company  accepting  these  fran- 
chises shall  so  build,  equip  and  operate  said  mile  or  miles  of 
railway  or  forfeit  to  said  city  all  rights  or  privileges  to  con- 
struct and  operate  any  line  of  railway  or  track  in  any  street 
or  streets,  or  part  of  street  or  streets,  in  said  city  upon  which 
said  company  has  not  constructed  any  railway  track. 

Sec.  8.  If  the  said  parties  accepting  the  provisions  here- 
of, their  associates,  successors  and  assigns,  shall  thereafter  be 
incorporated  or  acquire  corporate  or  chartered  rights  under 
or  by  virtue  of  any  general  law  or  special  act  of  the  legis- 
lature, with  a  view  to  the  exercise  of  and  enjoyment  there 
under  of  the  rights  and  privileges  hereby  granted  and  con- 
ferred, all  the  said  rights  and  privileges  hereby  granted  shall 
extend  to  and  vest  in  such  corporation  upon  the  terms  and 
conditions  herein  prescribed,  and  when  such  parties  shall  be 
so  incorporated,  or  shall  obtain  such  corporate  or  chartered 
rights,  such  corporation  shall  henceforth  have  and  enjoy  in 

its  corporate   name   and   capacity   all    the   rights   and    privileges 

hereb)  granted  as  thi  sors  of  such  parties,  withoul  fur- 

ther  action   of   the    Common    Council. 

Sec.  9.  ddie  said  parties,  their  Successors  and  assigns, 
shall  he  entitled   to  enjoy  all   the   rights    and    privileges   hereby 

granted  and  confirmed  for  the  period  or  term  of  ten  (10)  years 
from  and  after  the  i'1  of  this  ordinance,  and  thereafter 

until  the  -aid  city  shall,  a-  herein  provided,  purchase  the  said 


820 

railway  and  all  the  stock  and  property  pertaining  thereto  and 
used  in  connection  therewith.  From  and  after  the  expiration 
of  ten  years  from  and  after  the  passage  of  this  ordinance  the 
Common  Council  of  said  city  shall  at  any  time  have  the  right 

rdinance  to  purchase  said  railways,  depots,  depot  grounds, 
station  grounds,  station  houses,  carriages,  cars,  horses,  ani- 
mals, harnesses,  equipage,  furniture  and  improvements  of 
every  kind,  name  and  description  used  in  the  construction  or 
operation  of  said  railways  or  appurtenances,  together  with  all 
the  corporate  rights  or  franchises  that  may  be  acquired  by 
such  parties,  their  successors  or  assigns,  by  paying  the  value 
thereof,  to  be  ascertained  as  follows :  Upon  the  passage  of 
such  ordinance  for  said  purpose,  the  Common  Council  of  said 
city  shall  by  resolution  appoint  three  commissioners  to  ap- 
praise the  value  of  the  property  to  be  purchased,  and  notify 
the  parties  or  company  then  owning  said  property  thereof,  and 
thereupon  said  last  named  parties  or  company  shall  appoint  a 
like  number  of  commissioners  for  the  same  purpose,  and  the 
six  thus  appointed  shall  proceed  and  appraise  all  of  the  said 
property  at  its  fair  cash  value,  and  in  case  of  their  inability 
to  agree  upon  the  value  of  said  property,  they  or  a  majority 
of  them,  shall  appoint  some  one  suitable,  disinterested  per- 
son to  appraise  such  property  as  the  said  commissioners  can- 
not agree  upon,  whose  appraisement  shall  be  adopted  by  said 
commissioners. 

The  report  of  said  commissioners  shall  be  made  in  writ- 
ing, within  thirty  days  after  their  appointment,  by  the  deliv- 
ery of  a  copy  thereof  to  each  of  the  parties  to  said  purchase. 
Jn  case  of  the  inability  of  any  of  said  commissioners  to  act, 
his  place  may  be  supplied  by  the  parties  by  whom  he  was 
appointed.  Within  six  -months  from  the  approval  of  such 
report  by  the  Common  Council  of  said  city,  the  city  shall  pay 
to  the  proper  parties  the  sum  at  which  the  said  property  shall 
be  appraised,  and  thereupon  all  of  said  property  shall  be  turned 
over  to  and  vest  in  said  city,  and  the  said  city  may  require 
upon  such  payment  any  conveyance  or  other  proper  assur- 
ances executed  by  said  parties  needful  to  vest  their  title  fully 
and  effectually  in  said  city.   • 

Sec.  10.  Each  one  or  more  of  said  lines  may  have  a  sepa- 
rate and  distinct  organization,  and  in  such  case  the  fare  tickets 


821 

sold  or  issued  by  one  organization  or  line,  aforesaid,  shall  be 
received  in  payment  of  fare  by  the  other,  and  all  others,  to 
the  same  extent  as  their  own,  but  in  no  case  shall  the  rate 
of  fare  on  the  combined  lines  exceed  the  sum  mentioned  in 
section  six  of  this  ordinance  anywhere  within  the  city  limits. 

Sec.  11.  All  rights  heretofore  vested  in  the  water,  sewer- 
age, gas  light  or  other  corporations  are  not  to  be  impaired 
by  this  ordinance,  but  the  rights  and  privileges  hereby  granted 
to  be  equally  protected  by  the  city. 

Sec.  12.  The  said  parties,  their  associates,  successors  and 
assigns,  shall  at  all  times  keep  so  much  of  the  streets  of  said 
city  as  may  lie  between  the  rails  of  each  track,  and  for  a  space 
o:  two  feet  outside  of  its  track  or  tracks,  used  and  occupied 
by  their  railways  aforesaid,  cleaned  and  in  good  repair,  and 
to  cause  the  snow  to  be  removed  so  as  to  afford  a  safe  and 
unobstructed  passage  to  sleighs  and  wagons,  and  the  said 
repairs  of  the  streets  and  removal  of  snow  shall  be  done  to 
the  satisfaction  of  the  Common  Council,  or  such  person  or 
persons  as  may  have  supervision  of  the  streets  of  the  City  of 
St.  Paul,  at  their  own  proper  cost  and  expense. 

The  running  of  the  cars  or  carriages  on  any  part  of  said 
lines  of  said  railway  may  be  suspended  by  the  Common  Coun- 
cil for  such  reasonable  time  as  may  at  any  time  be  necessary 
on  account  of  repairs  of  streets  or  the  building  of  sewers  or 
other  public  improvements,  and  whenever  it  may  be  neces- 
sary to  have  any  track  taken  up  for  the  purposes  aforesaid, 
the  same  shall  be  taken  up  and  relaid  at  the  expense  of  the 
said  railroad  company  or  companies. 

The  chief  engineer  of  the  fire  department;  or  the  person 
for  the  time  being  who  may  be  acting  in  his  stead,  may  order 
a  suspension  of  the  running  of  any  cars  on  any  line  of  rail- 
ways which  he  may  deem  necessary  during  any  tin-. 

13.      \nv   violation  of  this  ordinance   shall   be   pun 
ished  by  a  fine  of  no1  less  than  fifty  dollars  and  nol  more  than 
one  hundred  dollars,  to  be  enforced  and  collected  in  the  same 
manner  as  other  fines  and  penalti<  -  are  '  nforced  and  colli 
under  the  provisions  of  the*charter  of  said  city. 

Sec.  II.  The  ears  after  sunset  shall  be  provided  with 
signal  lights— a  red  lighl  in  fronl  and  a  green  light  in  rear. 


822 

Sec.  15.  This  ordinance  shall  take  effect  from  and  after 
its  passage  and  publication,  and  the  filing  with  the  city  clerk 
within  thirty  days  an  acceptance  of  the  terms  and  conditions 
thereof  in  writing,  signed  by  at  least  two-thirds  of  the  cor- 
porators named  in  section  one. 

Ordinance  No.  268. 

(Approved  February  8,  1882.) 

23  76b.         An  Ordinance  relating  to  street  railways  in  the  City 
of  St.  Paul. 

The   Common  Council  of  the   City  of  St.   Paul  do  ordain  as 

follows: 

Sec.  1.  Whereas,  by  section  nine  of  the  ordinance  of  said 
city  I  No.  57),  approved  January  8th,  1872,  entitled  "An  Ordi- 
nance to  authorize  the  construction  and  operation  of  horse 
railways  in  certain  streets  of  St.  Paul,"  it  is  provided  that 
"from  and  after  the  expiration  of  ten  years  from  and  after  the 
passage  of  said  ordinance,  the  Common  Council  of  said  city 
shall  at  any  time  have  the  right  by  ordinance  to  purchase  said 
railways,  depots,  depot  grounds,  station  grounds,  station 
houses,  carriages,  cars,  horses,  animals,  harnesses,  equipage, 
furniture  and  improvements  of  every  kind,  name  and  descrip- 
tion used  in  the  construction  or  operation  of  said  railways 
or  appurtenances  therein  referred,  together  with  all  the  cor- 
porate rights  or  franchises  therein  referred  to,  or  that  might 
be  acquired  by  the  parties,  their  successors  or  assigns  therein 
mentioned,  by  paying  the  value  thereof  to  be  ascertained  as 
therein  provided;  and,  whereas,  the  said  term  of  ten  years  has 
expired,  and  "The  St.  Paul  City  Railway  Company,"  the 
owner  of  said  railway  property,  rights  and  franchises  and  suc- 
cessors in  interest  of  "The  St.  Paul  Street  Railway  Company," 
and  of  the  parties  in  said  ordinance  referred  to,  is  desirous  that 
said  city  shall  elect,  either  to  purchase  the  said  railways,  prop- 
erty, rights  and  franchises,  or  to  relinquish  the  right  to  make 
such  purchase ;  and  whereas,  in  case  of  such  relinquishment 
by  said  city  of  said  right  to  purchase,  it  is  the  intention  of  the 
St.  Paul  City  Railway  Company  aforesaid,  to  make  extensive 
and  costly  improvements  connected  with  said  railway  system, 


823 

and  requiring  increased  facilities  of  raising"  money  upon  the 
security  of  said  railways,  property,  rights  and  franchises;  and 
i*  is  deemed  by  said  Common  Council  to  be  expedient,  and 
for  the  best  interests  of  said  city  to  decline  such  purchase, 
and  that  said  city  should  relinquish  the  said  right  of  purchase ; 

Now,  therefore,  the  Common  Council  of  the  City  of  St. 
Paul  do  ordain  that  the  said  City  of  St.  Paul  declines  to  pur- 
chase the  said  railways,  property,  rights  and  franchises;  and 
that  the  right  of  said  city  to  make  such  purchase,  as  reserved 
and  provided  in  said  section  nine  of  said  ordinance,  is  hereby 
waived  and  forever  relinquished,  and  that  the  right  and  fran- 
chise to  lay  such  lines  of  railway  in  the  streets  of  said  city, 
in  the  manner  provided  in  said  ordinance,  and  also  in  ordi- 
nances of  said  city  numbered  224,  entitled  "An  Ordinance  re- 
lating  to  the  acceptance  and  regulation  of  street  railroads  in 
the  City  of  St.  Paul,"  approved  September  23,  1880,  and  all 
other  rights,  privileges  and  franchises  granted  or  conferred  by 
said  ordinance,  or  the  act  of  the  legislature  ratifying  said  ordi- 
nance, approved  February  20,  1872,  being  Chapter  112  of  the 
Special  Laws  of  Minnesota  for  the  year  18^2.  are  hereby 
granted,  confirmed  and  continued  to  and  in  "The  Saint  Paul 
City  Railway  Company"  aforesaid,  for  and  during  the  term  of 
its  charter,  free  and  clear  of  such  right  of  said  city  to  purchase, 
aforesaid,  and  that  all  parts  of  said  section  nine  of  said  (  Ordi- 
nance Xo.  57,  inconsistent  herewith  be  and  the  same  are 
hereby  repealed. 

This  ordinance  shall  not  be  construed  as  repealing  or 
modifying  any  ordinance,  or  part  of  an  ordinance,  except  as 
to   section   nine    (9),    as   aforesaid. 

Sec.  2.  This  ordinance  shall  take  effeel  and  be  in  force 
from  and  after  its  publication. 

Approved  February  8th,  1882. 


82  I 

FROM   ARTICLE  LXXIL,  MUNICIPAL  CODE    1884. 
(Horse  Railway  Ordinance.) 

2177.  Sec.  1.  There  is  hereby  -rallied  to  J,  C:  Burbank, 
I.  1..  Merriam.  William  Dawson,  K.  K.  Drake,  H.  L.  Carver, 
Horace  Thompson,  W'm.  Lee,  Louis  Roberts.  Win.  F.  David- 

\.  11.  Wilder,  Peter  Berkey,  P.  F.  McQuillan,  George 
Culver.  James  M.  Winslow,  Bartlett  Presley,  A.  Vance  Brown, 
J.  A.  Lusk  and  W.  S.  Wright,  or  such  of  them  as  shall  accept 
and  comply  with  the  terms  hereof,  together  with  such  other 
Jul-,  in-,  as  shall  hereafter  become  associated  with  them,  and 
to  their  heirs,  executors,  administrators,  successors  and  as- 
signs,  permission  or  authority  and  consent  of  the  common 
council  of  the  City  of  St.  Paul  to  lay  a  line  of  railway,  with 
single  or  double  track,  with  all  necessary  or  convenient  tracks 
for  turn-outs  and  side  tracks  and  switches,  in  any  or  all  of 
the  streets  in  said  city,  conditioned  that  no  track  shall  be  laid 
on  Third  street,  between  Sibley  and  Wabasha,  and  that  a 
single  track  only  shall  be  laid  on  Third  street,  between  Wa- 
basha and  Fort  streets,  and  no  double  track  on  any  street 
which  is  less  than  sixty  (60)  feet  in  width,  and  to  operate 
horse  passenger  railway  cars  and  carriages  thereon  in  the  man- 
ner, for  the  time  and  upon  the  conditions  hereinafter  men- 
tioned and  prescribed  ;  provided,  that  a  single  track  only  shall 
be  on  Third  street,  between  Wacouta  street  and  Broadway, 
and  that  in  all  instances  the  tracks  of  said  several  lines  of  rail- 
way shall  be  laid  on  the  central  portion  of  the  street. 
(Ord.  Jan.  8.  1872,  §  1.) 

2178.  Sec.  2.  The  carriages  or  cars  used  thereon  shall  be 
of  the  best  style,  with  all  the  modern  improvements  desirable, 
and  shall  be  propelled  by  none  other  than  animal  power,  and 
no  locomotive  or  engine  propelled  by  steam  shall  ever  be  used 
upon  any  of  said  several  lines  of  railwav,  or  any  part  thereof. 

(Id.  §  2.) 

2179.  Sec.  3.  The  common  council  may  regulate  the  speed 
for  running  said  cars  so  far  as  to  conform  to  the  speed  gen- 
erallv  permitted  for  similar  cars  in  other  cities. 

(Id.  §  3.) 


825 

2180.  Sec.  4.  The  said  railways  are  to  be  constructed  and 
operated  as  aforesaid  on  the  established  grades  of  said  street, 
which  said  grade  shall  not,  during  the  continuance  of  said 
railway,  be  altered  or  changed  at  the  cost  or  the  damage  of 
said  company;  provided,  however,  that  if  said  parties,  their 
associates,  successors  or  assigns,  shall  desire  to  lay  such  track 
or  tracks  upon  such  part  of  said  streets  as  may  not  be  graded, 
they  shall  have  the  right  to  do  so  by  making  the  necessary 
grade  at  their  own  cost  and  expense. 

(Id.  §  4.) 

2181.  Sec.  5.  The  track  of  said  railway  shall  not  be  ele- 
vated above  the  surface  of  the  street,  and  shall  be  laid  with 
the  O  G  rail  (so-called),  or  the  rail  approved  by  the  common 
council,  and  shall  be  so  laid  that  carriages  and  vehicles  can 
easily  and  freely  cross  said  track  at  any  and  all  points  thereof 
with  the  least  obstruction  possible;  provided,  however,  that 
no  track,  or  part  of  a  track,  shall  be  operated  before  the  same 
shall  have  been  inspected  and  approved  by  the  common  coun- 
cil of  said  city,  after  written  notice  by  the  company  of  its  com- 
pletion. 

(Id.  §  5.) 

2182.  Sec.  6.  The  rate  of  fare  for  any  distance  within  the 
city,  on  any  line  of  said  railway,  shall  not  exceed  seven  I  i  ) 
cents  for  each  and  every  passenger,  including  ordinary  bag- 
gage, except  when  cars  or  carriages  have  been  chartered  For 
a  specific  purpose;  but  before  any  car  or  carriage  shall  be  used 
or  operated  on  said  lines  or  routes  a  license  of  ten  dollars 
($10)  per  annum  for  each  car  or  carriage  shall  be  paid  to  said 
city,  to  be  obtained  in  the  same  manner  as  regulated  1>\  ordi 
nance  respecting  hacks  in  said  city,  and  any  officer,  conductor 
or  driver  who  shall  operate,  or  cause  to  be  driver  or  operated, 
upon  either  of  said  lines,  an\  car  or  carriage,  unless  the  same 
shall  be  Brsj  duly  licensed  as  herein  provided,  shall  be  pun 
ished  by  a  fine  of  not  lev-  than  ten  dollars  ($10)  nor  more  than 
fifty  dollars  ($50);  provided,  however,  thai  when  the  same  car 
or  carriage  travels  two  (2)  or  more  streets  or  lines,  there  shall 
be  but  one  (1)  fare  for  the  whole  distance  so  traversed;  and 
provided,  further,  thai   if,  after  three  (3)  years  from  the  con 


826 

si  ruction  of  any  of  said  lines  of  railway,  it  shall  be  found  that 
the  net  earnings  of  said  line  are  sufficient  to  pay  above  ten 
per  cent,  on  the  cost  of  constructing,  equipping  and  main- 
taining the  same,  the  said  common  council  shall  have  au- 
thority to  reduce  the  fare  on  such  line,  but  not  below  the  sum 
of  five  I  5)  cents. 

(Id.  §  6.) 

2183.  Sec.  7.  The  rights  and  privileges  hereby  granted 
shall  be  forfeited  to  said  city  unless  there  shall  be  constructed 
and  equipped  for  business  and  in  full  operation  at  least  one  (1) 
mile  of  said  railway  on  one  or  more  of  said  lines,  on  or  before 
the  first  day  of  July,  1872;  at  least  one  (1)  further  mile  on  or 
before  the  thirty-first  day  of  December,  1872;  at  least  one  (1) 
further  mile  on  or  before  the  fifteenth  day  of  July,  1873;  pro- 
vided, that  if  required  by  a  resolution  of  the  common  council, 
adopted  by  a  vote  of  two-thirds  of  its  members,  to  build, 
equip,  and  operate  an  additional  mile  of  said  railway,  on  any 
street  or  streets,  designated  by  the  city  council,  every  six 
(6)  months  thereafter,  the  company  accepting  these  fran- 
chises shall  so  build,  equip,  and  operate  said  mile  or  miles  of 
said  railway,  or  forfeit  to  said  city  all  rights  or  privileges  to 
construct  and  operate  any  line  of  railway  or  track  in  any 
street  or  streets,  or  part  of  street  or  streets,  in  said  city  upon 
which  said  company  have  not  constructed  any  railway  track. 

(Id.  §  7,  as  amended  July  3,  1872.) 

2184.  Sec.  8.  If  the  said  parties  accepting  the  provision 
hereof,  their  associates,  successors  and  assigns,  shall  there- 
after be  incorporated,  or  acquire  corporate  or  chartered  rights 
under  or  by  virtue  of  any  general  law  or  special  act  of  the 
legislature,  with  a  view  to  the  exercise  of  and  enjoyment 
thereunder  of  the  rights  and  privileges  hereby  granted  and 
conferred,  all  the  said  rights  and  privileges  hereby  granted 
shall  extend  to  and  vest  in  such  corporation  upon  the  terms 
and  conditions  herein  prescribed,  and  when  such  parties  shall 
be  so  incorporated,  or  shall  obtain  such  corporate  or  char- 
tered rights,  such  corporation  shall  henceforth  have  and  enjoy 
in   its  corporate  name  and  capacity  all  the  rights  and  privi- 


leges  hereby  granted  as  the  successors  of  such  parties,  without 
further  action  of  the  common  council. 

(Id.  §  8.) 

2185.  Sec.  9.  The  said  parties,  their  successors  and  as- 
signs, shall  be  entitled  to  enjoy  all  the  rights  and  privileges 
hereby  granted  and  conferred  for  the  period  or  term  of  ten 
(10)  years  from  and  after  the  passage  of  this  ordinance,  and 
thereafter  until  the  said  city  shall,  as  hereinafter  provided, 
purchase  the  said  railway,  and  all  the  stock  and  property  per- 
taining thereto  and  used  in  connection  therewith.  From  and 
after  the  expiration  of  ten  (10)  years  from  and  after  the 
passage  of  this  ordinance,  the  common  council  of  said  city 
shall  at  any  time  have  the  right,  by  ordinance,  to  purchase 
said  railways,  depots,  depot  grounds,  station  grounds,  station 
houses,  carriages,  cars,  horses,  animals,  harnesses,  equipage, 
furniture  and  improvements  of  every  kind,  name  and  descrip- 
tion used  in  the  construction  or  operation  of  said  railways, 
or  appurtenances,  together  with  all  the  corporate  rights  or 
franchises  that  may  be  acquired  by  such  parties,  their  suc- 
cessors or  assigns,  by  paying  the  value  thereof,  to  be  ascer- 
tained as  follows:  Upon  the  passage  of  such  ordinance  for 
said  purchase,  the  common  council  of  said  city  shall,  by  reso- 
lution, appoint  three  (3)  commissioners  to  appraise  the  value 
of  the  property  to  be  purchased,  and  notify  the  parties  or 
company  then  owning  said  property  thereof;  and  thereupon 
said  last  named  parties  or  company  shall  appoint  a  like  num- 
ber of  commissioners  for  the  same  purpose,  and  the  six  (6) 
thus  appointed  shall  proceed  and  appraise  all  of  the  said 
property  at  its  fair  cash  value;  and  in  case  of  their  inability 
to  agree  upon  the  value  <<\  said  property,  (hey.  or  majority  of 
them,  shall  appoint  one  suitable,  disinterested  person  In  ap 
praise  such  property  as  the  said  commissioners  cannol  agree 
upon,  whose  appraisement  shall  be  adopted  by  said  commis- 
sioners. The  report  of  said  commissioners  shall  be  made  in 
writing,   within    thirty    (30)    days   after   their   appointment,    by 

the  delivery  of  a  copy  thereof  to  each  of  the  parties  to  said 
purchase.     In  ease  of  the  inability  of  any  of  said  commission 
ers  to  act,  his  place  may  be  supplied  by  the  party  by  whom 
he  was  appointed.     Within  six   (6)   months  from  the  approval 


828 

uch  report  1»\  the  common  council  of  said  city  the  said 
city  shall  pay  to  the  proper  parties  the  sum  at  which  the  said 
property  shall  be  appraised,  and  thereupon  all  of  said  prop- 
erty  shall  be  turned  over  to  and  vest  in  said  city;  and  the  said 
city  may  require,  upon  such  payment,  any  conveyance  or 
other  proper  assurance,  executed  by  said  parties,  needful  to 
their  title  fully  and  effectuallv  in  said  citv. 
(Id.  §  9.) 

2186.  Sec.  LO.  Each  one  or  more  of  said  lines  may  have 
a  separate  and  distinct  organization,  and  in  such  case  the  fare 
tickets  sold  or  issued  by  one  organization  or  line,  aforesaid, 
shall  be  received  in  payment  of  fare  by  the  other  and  all  others 
to  the  same  extent  as  their  own  ;  but  in  no  case  shall  the  rate 
of  fare  on  the  combined  lines  exceed  the  sum  mentioned  in 
section  six  (6)  of  this  ordinance,  anywhere  within  the  city 
limits. 

(Id.  §  10.) 

2187.  Sec.  11.  All  rights  heretofore  vested  in  the  water, 
sewerage,  gas  light  or  other  corporations  are  not  to  be  im- 
paired by  this  ordinance,  but  the  rights  and  privileges  hereby 
granted  to  be  equally  protected  bv  the  citv. 

(Id.  §  11.) 

2188.  Sec.  12.  The  said  parties,  their  associates,  success- 
ors and  assigns,  shall  at  all  times  keep  so  much  of  the  streets 
of  said  city  as  may  lie  between  the  rails  of  each  track,  and  for 
a  space  of  two  (2)  feet  outside  of  its  track  or  tracks,  used 
and  occupied  by  their  railways  aforesaid,  cleaned  and  in  good 
repair,  and  to  cause  the  snow  to  be  removed,  so  as  to  afford 
a  safe  and  unobstructed  passage  to  sleighs  and  wagons,  and 
the  said  repairs  of  the  streets  and  removal  of  snow  shall  be 
done  to  the  satisfaction  of  the  common  council,  or  such  per- 
son or  persons  as  may  have  supervision  of  the  streets  of  the 
City  of  St.  Paul,  at  their  own  proper  cost  and  expense. 
The  running  of  the  cars  or  carriages  on  any  part  of  said  lines 
of  said  railway  may  be  suspended  by  the  common  council 
for  such  reasonable  time  as  may  at  any  time  be  necessary  on 
account  of  repairs  of  streets,  or  the  building  of  sewers  or 
other  public  improvements,  and   whenever  it  may  be  neces- 


S?9 

sary  to  have  any  track  taken  up  for  the  purposes  aforesaid. 
the  same  shall  be  taken  up  and  relaid  at  the  expense  of  the 
said  railroad  company  or  companies.  The  chief  engineer  of 
the  fire  department,  or  the  person  for  the  time  being  who  may 
be  acting  in  his  stead,  may  order  a  suspension  of  the  running 
of  any  cars  on  any  line  of  railway  which  he  may  deem  neces- 
sary during  any  fire. 

(Id.  §  12.) 

2189.  Sec.  13.  Any  violation  of  this  ordinance  shall  be 
punished  by  a  fine  of  not  less  than  fifty  dollars  ($50)  and  not 
more  than  one  hundred  dollars  ($100),  to  be  enforced  and  col- 
lected in  the  same  manner  as  other  fines  and  penalties  are  en- 
forced and  collected  under  the  provisions  of  the  charter  of 
said  city. 

(Id.  §  13.) 

2190.  Sec.  1  I.  The  cars,  after  sunset,  shall  be  provided 
with  signal  lights;  a  red  light  in  front,  and  a  green  light  in 
rear. 

(Id.  §  14.) 

2191.  Sec.  15.  This  ordinance  shall  take  effect  from  and 
after  its  passage  and  publication,  and  the  filing  with  the  city 
clerk  within  thirty  (30)  days  an  acceptance  of  the  terms  and 
conditions  thereof,  in  writing,  signed  by  at  least  two-thirds 
of  the  corporators  named  in  section  one  (1). 

(Id.  §  15.) 

2192.  Sir.  Hi.  Whereas,  by  section  nine  (9-)  of  the  ordi- 
nance of  said  city,  approved  Jan.  s,  L872,  entitled  "An  Ordi- 
nance i"  authorize  the  construction  and  operation  of  horse 
railways  in  certain  streets  of  St.  Paul,"  it  is  provided  that, 
from  and  after  the  expiration  of  ten  (10)  years  from  and 
alter  the  passage  of  said  ordinance,  the  common  council  of 
said  <-it\  shall  at  any  time  have  the  right,  by  ordinance,  to 
purchase  said  railways,  depot,  depoi  grounds,  station  house, 
carriages,   cars,    hoi   i    .   animals,   harnesses,   equipage,    Furni- 

"ture  and  improvements  of  ever}  kind,  name  and  description 
used  in  the  construction  or  operation  of  said  railways,  or  ap 
purtenances  therein  referred  to,  together  with  all  the  corpo 
rate   rights  or   franchises   therein   referred   to   thai    mighl    be 


830 

acquired  by  the  parties,  their  successors  or  assigns  therein 
mentioned  by  paying  the  value  thereof,  to  be  ascertained  as 
therein  provided  :  and  whereas,  the  said  term  of  ten  (10)  years 
has  expired,  and  the  St.  Taul  City  Railway  Company,  owner 
-iid  railways,  ppoperty.  rights  and  franchises,  and  suc- 
cessor  in  interest  of  the  St.  Paul  Street  Railway  Company, 
and  of  the  parties  in  said  ordinance  referred  to,  is  desirous  that 
said  city  shall  elect  either  to  purchase  the  said  railway  prop- 
erty, rights  and  franchises,  or  to  relinquish  the  right  to  make 
such  purchase;  and  whereas,  in  case  of  such  relinquishment 
by  said  city  of  said  right  to  purchase,  it  is  the  intention  of 
the  St.  Paul  City  Railway  Company,  aforesaid,  to  make  ex- 
tensive and  costly  improvements  connected  with  said  railway 
system,  and  requiring  increased  facilities  of  raising  money 
upon  the  security  of  said  railways,  property,  rights  and  fran- 
chises, and  it  is  deemed  by  said  common  council  to  be  expe- 
dient and  for  the  best  interest  of  said  city  to  decline  such 
purchases,  and  that  said  city  should  relinquish  the  said  right 
of  purchase. 

X"W.  therefore,  the  common  council  of  the  City  of  St.  Paul 
do  ordain  :  That  the  said  City  of  St.  Paul  declines  to  purchase 
the  said  railways,  property,  rights  and  franchises,  and  that 
the  right  of  said  city  to  make  such  purchase,  as  reserved  and 
provided  in  said  section  nine  (9)  of  said  ordinance,  is  hereby 
waived  and  forever  relinquished ;  and  that  the  right  and  fran- 
chise to  lay  such  lines  of  railway  in  the  streets  of  said  city, 
in  the  manner  provided  in  said  ordinance,  and  also  in  ordi- 
nance of  said  city,  entitled  "An  Ordinance  relating  to  the  ac- 
ceptance and  regulation  of  street  railroads  in  the  City  of  St. 
Paul,"  approved  Sept.  23,  1880,  and  all  other,  the  rights,  privi- 
leges and  franchises  granted  or  conferred  by  said  ordinance,  or 
the  act  of  the  legislature  ratifying  said  ordinance,  approved 
Feb.  29,  1872,  being  chapter  one  hundred  and  twelve  (112)  of 
the  Special  Laws  of  Minnesota  of  the  year  1872.  are  hereby 
granted,  confirmed  and  continued  to  and  in  "The  St.  Paul  City 
Railway  Company,"  aforesaid,  for  and  during  the  term  of  its 
charter,  free  and  clear  of  such  right  of  said  city  to  purchase 
aforesaid  :  and  that  all  parts  of  said  section  nine  (9)  of  said 
ordinance  (approved  Jan.  8,  1872)  inconsistent  herewith  be 
and  the  same  are  hereby  repealed. 


831 

This  ordinance  shall  not  be  construed  as  repealing  or 
modifying  an}-  ordinance,  or  part  of  an  ordinance,  except  as  to 
section   nine    (9),   as   aforesaid. 

(Ord.  Feb.  7,  1882,  §  1.) 

2193.  Sec.  17.  In  all  cases  where  any  team  or  vehicle  shall 
meet  any  car  of  the  St.  Paul  City  Railway  Company,  or  shall 
be  overtaken  by  any  car  of  said  company  upon  its  street  rail- 
ways, now  or  hereafter  to  be  laid  in  the  streets  of  the  City 
of  St.  Paul,  such  team  or  vehicle  shall  give  way  to  such  car. 
No  person  shall  willfully  and  unnecessarily  obstruct,  hinder, 
delay  or  interfere  with  the  passage  of  any  of  the  cars  of  said 
company  over  its  railways  or  tracks  by  placing,  driving  or 
stopping,  or  causing  to  be  placed,  or  driven  or  stopped,  any 
team,  vehicle  or  other  obstacle  or  thing  in,  upon,  across,  along 
or  near  the  track  of  said  railway  or  railways,  after  being  noti- 
fied by  the  driver  of  such  car  by  the  ringing  of  the  car  bell 
or  otherwise.  And  whoever  shall  violate  any  of  the  provi- 
sions of  this  ordinance  shall,  upon  conviction  thereof  before 
the  municipal  court  of  said  city,  be  punished  by  a  fine  of  not 
more  than  one  hundred  dollars  ($100)  nor  less  than  five  dol- 
lars   ($5). 

(Ord.  Feb.  5,  1884,  §  1.) 

2191.  Sec.    18.     'That,    in    consideration    of    the    acceptance 

hereof,  and  undertaking  of  the  St.  Paul  City  Railwa)  Com- 
pany td  comply  with  the  provisions  herein  contained,  permis- 
sion and  consent  are  given  and  granted  to,  and  duly   vested  in, 

said  company,  to  la)  a  double  track  on  Fourth  streel  from 
Wabasha  streel  to  Seven  Corners,  so  called  :  to  take  up  its  rails 
on  Third  street,  from  said  Seven  Corners  to  Wabasha  street, 
and  to  lay  a  double  track  from  the  corner  of  Rice  streel  and 
Martin  streel  to  the  corner  of  St.  Peter  streel  and  [gleharl 
t,  to  conned  with  the  track  at  \\  abasha  streel  and  Fourth 
streel  ;  also,  to  take  up  its  rails  on  St.  Peter  street,  from  Fifth 
streel  to  Tenth  street,  and  to  la)  a  double  track-  on  Jackson 
strict,  from  Fourth  Btreel  to  Thirteenth  street,  and  to  take  up 
its  rails  on  Sible)  street,  from  Fourth  streel  to  Eighth  stn 
tf  lay  a  double  track  on  Seventh  street,  from  said  Seven  Cor 
inrs  to  Bradle)   street,  and  thence  on  Bradley  streel  to  North 


832 

street,  and  to  lay  a  double  track  on  Thirteenth  street,  from 
fackson  street  to  Mississippi  street,  and  to  take  up  the  rails 
on  Pearl  street,  from  Jackson  street  to  Mississippi  street,  and 
on  Mississippi  street,  from  Pearl  street  to  Thirteenth  street; 
al^o  to  extend  the  Lafayette  avenue  line  from  Westminster 
street  to  Otsego  street,  on  Burr  street. 

(Orel.  April  1,  1884,  §  1.) 

2195.  Sec.  19.  First — The  St.  Paul  Railway  Company,  at 
its  own  expense,  shall  grade  Thirteenth  street,  from  Jackson 
street  to  Canada  street,  the  whole  width  thereof,  and  to  a  full 
grade,  taking  up  and  replacing  the  sidewalks  upon  the  grades 
when,  in  the  judgment  of  the  city  engineer,  the  same  are  worth 
replacing.  It  being  understood  that  the  present  grade  is  to  be 
changed  by  the  common  council,  and  the  grading  so  to  be  done 
by  the  said  railway  company  is  to  be  according  to  such  change 
of  grade  on  said  street  as  shall  hereafter  be  adopted  by  said 
common  council ;  provided,  that  the  city  shall  indemnify  and 
save  said  railway  company  harmless  from  all  damages  to  abut- 
ting property  owners  occasioned  by  said  grade. 

Second — Pave  Jackson  street,  from  Ninth  street  to  Thir- 
teenth street,  at  its  own  expense,  between  its  rails,  between 
its  tracks,  and  two  (2)  feet  outside  of  its  tracks,  whenever  the 
common  council  shall  order  the  residue  of  such  part  of  Jackson 
street  to  be  paved,  and  in  the  same  manner,  and  with  like 
material,  as  said  common  council  shall  order  for  such  residue. 

Third — And  as  to  all  the  streets  named  in  this  ordinance, 
except  that  part  of  Jackson  street  as  herein  mentioned,  the 
St.  Paul  City  Railway  Company  shall  pave  in  like  manner, 
and  with  like  material,  as  other  contiguous  parts  of  the  street 
are  paved,  between  its  rails,  whenever  ordered  by  the  common 
council. 

fid.  §  2.) 

2196.  Sec.  20.  All  ordinances  of  the  City  of  St.  Paul  here- 
tofore passed  in  regard  to  the  St.  Paul  City.  Railway  Company 
are  not  to  be  impaired  or  affected  by  anything  herein  con- 
tained, but  the  right  and  privileges  hereby  granted  are  sub- 
ject thereto. 

rid.  §  3.) 


833 

2197.  Sec.  21.  Permission  and  consent  is  hereby  given  to 
the  said  railway  company  to  pave  within  its  tracks,  with  cobble 
stones,  upon  streets  not  paved  by  the  City  of  St.  Paul ;  the 
same  to  be  done  under  the  direction  and  supervision  of  the  city 
engineer,  with  the  express  understanding,  and  upon  the  ex- 
press conditions,  that  whenever  any  of  the  said  streets  on 
which  said  railway  company  has  so  paved  its  tracks  with 
cobble  stones  are  paved  by  the  city,  the  said  company  will 
take  up  and  pave  with  such  other  material  as  may  be  ordered 
bv  the  common  council  and  board  of  public  works. 

(Id.  §4.) 

2198.  Sec.  22.  This  ordinance  shall  take  effect,  if  accept- 
ed by  the  said  company  in  writing,  signed  by  its  president, 
under  the  corporate  seal  of  the  company,  and  filed  with  the 
citv  clerk,  within  thirty  (30)  days  after  its  passage. 

(Id.  §5.) 

2199.  Sec.  '-•'!.  1  hat,  in  consideration  of  the  acceptance 
hereof,  and  the  undertaking  of  the  St.  Paul  City  Railway 
Company  to  comply  with  the  provisions  herein  contained, 
permission  and  consent  are  given  and  granted  to,  and  duly 
vested  in,  said  company,  to  lay  a  double  track  on  Jackson 
street,  from   Fourth  street  to  Thirteenth  street,  in  said  city. 

((  )rd.  July  2,  1884,  §  1.) 

2200.  Sec.  24.  First— That  the  St.  Paul  City  Railway 
Company,  at  its  own  cost  and  expense,  shall  replace  and  repair, 
to  the  acceptance  and  satisfaction  of  the  city  engineer,  so  much 
of  the  wooden  block  pavement  now  laid  on  Jackson  streel  as 
may  have  been  torn  up,  displaced  or  interfered  with  in  Laying 
the  double  track  aforesaid,  between  the  point  hereinbefore 
mentioned;  and  shad  also,  at  the  same  time,  take  up  the  cob 
ble  stone  pavement  between  the  rails  of  its  track  and  switches 
now  laid  on  that  pari  of  said  Jackson  streel  lying  between 
Seventh  and  Ninth  streets,  ami  replace  the  same  with  cedar 
IT  >cks. 

Se<-,, nd  Pave  Jackson  street,  from  Ninth  street  to  Tliii- 
teenth  street,  al  its  own  cosl  and  expense,  between  its  rails  and 
between  its  tracks,  whenever  the  common  council  shad  order 
that   part   of  Jackson   streel    lying  between    Ninth   streel   and 


,s:;i 

Thirteenth  street  paved,  and  in  the  same  manner,  and  with 
like  material,  as  said  common  council  shall  order  for  the  resi- 
due of  said  street  lying  between  Ninth  and  Thirteenth  streets 
afi  tresaid. 

Third — To  pay  the  cost  and  expense  of  paving-  Fourth 
street,  between  its  rails,  from  the  vSevcn  Corners  (so  called)  to 
Jackson  street,  within  ten  (10)  days  after  the  confirmation  of 
the  assessment  for  the  paving  of  Fourth  street,  between  the 
])oint>  above  named,  by  the  board  of  public  works — the  amount 
<>t'  the  cost  and  expense  to  be  determined  by  the  board  of  pub- 
lic works,  and  included  in  said  assessment. 

(Id.  §2.) 

2201.  Sec.  25.  Xo  ordinance  of  the  City  of  St.  Paul,  here- 
tofore passed  and  now  in  force,  relating  to  the  St.  Paul  City 
Railway  Company,  shall  be  impaired  by  anything  herein  con- 
tained :  and  the  rights  and  privileges  hereby  granted,  when 
accepted  by  said  city  railway  company,  shall  be  subject  to 
such  ordinance  or  ordinances. 

(Id.  §  3.) 

2202.  Sec.  26.  This  ordinance  shall  take  effect  and  be  in 
force,  if  accepted  by  the  said  company  in  writing,  signed  by 
the  president,  under  the  corporate  seal  of  the  company,  and 
filed  with  the  city  clerk, within  ten  (10)  days  after  its  publica- 
tion. 

(Id.  §4.) 

2203.  Sec.  27.  The  St.  Paul  City  Railway  Company  hav- 
ing constructed  and  equipped  for  use,  and  put  in  operation, 
one  (1  i  mile  of  said  railway  by  the  first  day  of  Jul}-.  1872,  and 
i  second  mile  by  the  27th  of  July.  1872,  in  compliance  (as  to 
time)  with  the  ordinance  of  St.  Paul  on  that  subject,  there- 
fore said  two  (2)  miles  of  said  railroad  is  hereby  accepted, 
but  only  for  the  term  of  three  (3)  years:  provided,  however, 
that  if  said  City  of  St.  Paul  shall  sooner  order  or  proceed  to 
pave  or  macadamize  any  street  on  which  said  railroad  com- 
pany has  or  may  have  laid  their  track,  then  said  railroad  com- 
pany shall  take  up  the  rails  now  laid  and  substitute  instead 
thereof  the  O.  G.  rail,  as  provided  in  the  ordinance  heretofore 
passed  in  relation  thereto. 

(Ord.  Sept.  4,  1872,  §  1.) 


S35 

2204.  Sec.  28.  The  St.  Paul  City  Railway  Company  hav- 
ing constructed  and  equipped  for  use  and  operation,  in  compli- 
ance with  the  ordinance  of  St.  Paul  on  that  subject,  the  here- 
inafter named  lines  of  street  railway  track,  viz. :  Commenc- 
ing" at  the  corner  of  Seventh  and  Sibley  streets,  running  thence 
on  Sibley  street  to  Eighth  street ;  thence  on  Eighth  street  to 
Jackson  street ;  thence  on  Jackson  street  to  Pearl  street ;  thence 
on  Pearl  street  to  Grove  street;  thence  on  Grove  street  to  Mis- 
sissippi street ;  thence  on  Mississippi  street  to  Pennsylvania 
avenue,  being  its  northern  terminus,  with  a  return  track  com- 
mencing on  Mississippi  street,  near  Pennsylvania  avenue,  run- 
ning thence  on  Mississippi  street  to  Somerset  street;  thence  on 
Somerset  street  to  Thirteenth  street ;  thence  on  Thirteenth 
street  to  Jackson  street ;  thence  on  Jackson  street  to  Pearl 
street ;  and  also  on  said  Jackson  street  from  Eighth  street  to 
Fourth  street;  and  commencing  on  Fort  street  at  Ann  street, 
running  thence  on  Fort  street  to  Third  street;  thence  on  Third 
street  to  Wabasha  street ;  thence  on  Wabasha  street  to  Fourth 
street ;  thence  on  Fourth  street  to  Sibley  street ;  thence  on 
Sibley  street  to  Seventh  street;  also,  commencing  on  Fourth 
street  at  Jackson  street,  running  thence  on  Fourth  street  to 
Fort  street;  thence  on  Fort  street  to  the  terminus  at  Ann 
t;  also  commencing  at  the  corner  of  Locust  street  and 
Seventh  street,  running  thence  on  Locust  street  to  Tenth 
street;  thence  on  Tenth  street  to  Lafayette  avenue,  and  thence 
on  Lafayette  avenue  to  Partridge  street,  to  a  terminus;  and 
al^M.  commencing  on  St.  Peter  street  al  Fourth  street,  run- 
ning thence  on  St.  Peter  street  to  Tenth  street;  thence  on 
Tenth  street  to  Rice  streel  ;  thence  on  Rice  streel  to  Summit 
averfue;  thence  on  Summit  avenue  to  Nelson  avenue,  thence 
on  Nelson  avenue  to  Western  avenue,  thence  on  \\  estern  ave 
nuc  to  a  terminus  al  Ashland  avenue,  with  a  return  track  com 
mencing  on  Western  avenue  al  Dayton  avenue;  running 
thence  on  Western  avenue  to  [gleharl  street;  thence  on  I 
harl  streel  to  Wabasha  street;  thence  on  Wabasha  streel  to 
Fourth   street.     And   the  said   lim  treel   railway  having 

been  inspected,  after  written   notice  of  its  completion,  there 
Fore   the   same   are   approved    and   accepted    by    the   common 
council  of  the  Cit)   of  St.    Paul;  provided  however,  that   the 


836 

said  St.  Paul  City  Railway  Company,  its  successors  and  as- 
signs, shall,  as  respects  the  grading,  paving,  macadamizing, 
filling  or  planking  of  any  street,  or  part  of  a  street  upon  which 
any  of  its  tracks  are  now  or  hereafter  may  be  laid,  keep  so 
much  of  the  street  as  may  lie  between  the  rails  of  each  track, 
and  for  a  space  of  two  (2)  feet  outside  of  its  track  or  tracks, 
used  and  occupied  by  said  railway  company,  clean  and  in  good 
repair,  so  that  wagons,  carriages,  and  other  vehicles  can  pass 
and  repass  at  any  and  all  points  and  in  any  and  all  directions. 
And  when  any  new  improvement,  paving,  repaving,  planking 
or  replanking,  grading  only  excepted,  is  ordered  by  the  com- 
mon council,  on  any  of  said  streets  or  parts  of  streets,  upon 
which  said  railway  company  have  laid  or  hereafter  may  lay 
any  track  or  tracks,  except  as  to  the  streets  or  parts  of  streets 
upon  which  its  tracks  are  now  laid,  and  as  to  them  only  after 
the  street  or  part  of  street  has  once  been  constructed  with  such 
new  improvement,  or  paved,  planked,  or  macadamized,  the 
said  railway  company  shall,  in  the  same  manner  and  with  like 
material  as  required  of  owners  of  property  as  to  other  parts 
on  the  street,  make  such  new  improvements  on  so  much  of  the 
streets  of  said  city  as  may  lie  between  the  rails  of  each  track 
and  for  a  space  of  two  (2)  feet  outside  of  its  track  or  tracks 
used  and  occupied  by  their  railways  as  aforesaid,  or  if  the 
board  of  public  works  should  deem  it  inexpedient  that  such 
new  improvement  should  be  made  by  said  company,  the  same 
shall  be' done  by  the  city,  in  such  manner  as  the  board  of  public 
works  may  determine,  the  cost  and  expense  to  be  paid  by  said 
company.  Or  in  case  the  said  company  shall  refuse  or  ne- 
glect to  make  such  improvement,  when  ordered  by  said  board 
of  public  works,  then  the  same  shall  be  done  by  the  city  in 
such  manner  as  the  board  of  public  works  may  determine,  the 
cost  and  expense  to  be  paid  by  the  said  company,  and  if  the 
St.  Paul  City  Railway  Company  shall  refuse  or  neglect  to  keep 
its  tracks  cleaned  and  in  good  repair,  or  shall  refuse  or  ne- 
glect to  make  any  new  improvement,  paving,  repaving,  plank- 
ing, or  replanking,  when  ordered  by  the  cofnmon  council  as 
aforesaid,  within  such  time  as  may  be  fixed  by  the  board  of 
public  works,  which  shall  never  be  less  than  that  given  to 
contractors  for  the  construction  of  such  new  improvement  on 


837 

the  contiguous  part  of  the  street,  or  in  case  said  work  is  done 
by  the  city,  they  shall  neglect  or  refuse  to  pay,  within  such 
time  as  may  be  determined  upon  by  the  board  of  public  works, 
the  cost  and  expense  of  any  such  new  improvement,  as  may  be 
ordered  by  the  common  council,  and  for  which  said  company 
is  liable  under  this  ordinance,  after  notice  from  the  city  tn 
urer,  that  the  amount  chargeable  to  the  said  company  has  been 
ascertained  and  fixed  by  the  board  of  public  works  for  said 
new  improvement,  which  amount,  however,  shall  never  ex- 
ceed, pro  rata,  that  assessed  against  any  property  on  said 
street  contiguous  to  said  railway  track ;  then,  and  in  such 
case,  it  is  expressly  agreed,  by  and  between  the  City  of  St. 
Paul  and  the  said  St.  Paul  City  Railway  Company,  that  the 
cost  of  all  new  improvements,  as  aforesaid,  as  well  as  the  cost 
and  expense  of  any  and  all  repairs  and  cleaning  of  streets  as 
hereinbefore  stated,  may  be  collected  by  distress  and  sale  of 
personal  property,  in  the  manner  provided  by  the  general  laws 
of  this  state,  in  the  case  of  taxes  levied  upon  personal  prop- 
erty, or  by  a  suit  brought  in  any  court  having  jurisdiction,  the 
said  company  waiving  all  objections,  except  as  to  whether  the 
work  has  been  done  by  the  city,  and  the  cost  and  expense 
thereof. 

(Ord.  Sept,  21,  L880,  §  1.) 

2205.  Sec.  29.  This  ordinance  shall  he  in  force  from  and 
;ii"tcr  the  filing  with  the  city  clerk,  by  the  St.  Paul  City  Rail- 
way Company,  of  a  resolution  duly  adopted  by  i t r~.  board  of 
directors,  accepting  it  upon  all  the  terms  and  conditions  herein 
contained,  and  such  acceptance  shall  be  deemed  an  agreemenl 
of  the  -aid  railway  company  with  said  city.  t<>  perform  all  and 
singular  all  the  matters  and  things  required  of  said  company 
to  he  performed  under  this  ordinance,  and  such  acceptance 
shall  contain  an  express  agreement,  to  perform  all  of  said 
matter-  and  things  by  said  St.  Paul  Cit)  Railwa)  Company 
obligated  to  he  performed  in  this  ordinance. 

(  bl.  §2.) 

2206.  Sec.   30.     The   track   of   the   St.    Paul   City    Railway 

Company    on     Laurel    avenue,    from    Western    ;ivemie    tn    I  tale 

et,  basin-  been  duly  inspected  by  and  found  satisfactory 


838 

to,  the  common  council  of  said  city,  is  hereby  approved  and  ac- 
cepted. 

(Ord.  Sept.  5,  1882,  §  1.) 

2207.  Sec.  31.  The  track  of  the  St.  Paul  City  Railway 
Company  on  Rice  street,  from  Summit  avenue  to  University 
avenue,  having  been  duly  inspected  by,  and  found  satisfactory 
to,  the  common  council  of  said  city,  is  hereby  approved  and 
accepted. 

(Ord.  Sept.  19,  1882,  §  1.) 

2208.  Sec.  32.  The  track  of  the  St.  Paul  City  Railway 
Company  on  University  avenue,  from  Rice  street  to  Dale 
street,  having  been  duly  inspected  by,  and  found  satisfactory 
to.  the  common  council  of  said  city,  is  hereby  approved  and 
accepted. 

(Ord.  Sept.  10.  1882,  §  1.) 

THIRTEENTH  STREET  FROM  JACKSON  TO  MISSIS- 
SIPPI STREETS— RIGHT  TO  LAY 
DOUBLE  TRACK. 

Ordinance  No.  504. 

(Approved  May  9,  1885.) 

2209.  An  Ordinance  relative  to  the  St.  Paul  City  Railway 

Company. 

The  Common   Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  in  consideration  of  the  acceptances  hereof 
and  the  undertaking  of  the  St.  Paul  City  Railway  Company 
to  comply  with  the  provisions  herein  contained,  the  right  is 
hereby  granted  to  the  St.  Paul  City  Railway  Company  to  lay 
a  double  track  of  its  railway  on  Thirteenth  street,  from  Jack- 
son street  to  Mississippi  street,  in  said  city. 

2210.  Sec.  2.  Prior  to  laying  said  track  the  St.  Paul  City 
Railway  Company  shall  grade  said  part  of  said  Thirteenth 
street,  according  to  the  city  engineer's  profile  of  such  grade, 
and  shall  fill  in  under  the  sidewalks  to  grade  as  established, 
and  replace  such  part  of  said  sidewalks  as  the  city  engineer 
decides  shall  be  relaid. 


S39 

2211.  Sec.  3.  This  ordinance  shall  take  effect  and  be  in 
force,  if  accepted  by  the  said  company  in  writing,  signed  by 
the  president  thereof  under  the  corporate  seal  of  said  com- 
pany, and  filed  with  the  city  clerk  within  ten  (10)  days  after 
its  publication. 

CABLE  LINES— FOURTH  STREET,  FROM  BROAD- 
WAY TO  SEVEN  CORNERS;  THIRD  STREET, 
FROM  SEVEN  CORNERS  TO  SELBY  AVENUE,  TO 
DALE  STREET;  EAST  SEVENTH  STREET,  FROM 
BROADWAY  TO  EAST  CITY  LIMITS;  BROAD- 
WAY, FROM  EAST  SEVENTH  TO  FOURTH 
STREET  TO  SEVENTH  STREET,  FROM  BROAD- 
WAY TO  SEVEN  CORNERS. 

Ordinance  No.  704. 

(Approved  August  14,  1886.) 

2212.  An  Ordinance  relative  to  the  St.  Paul  City  Railway 

Company. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows: 

2213.  Sec.  1.  There  is  hereby  granted  to  the  St.  Paul  City 
Railway  Company  the  authority,  right  and  privilege  to  operate 
in  the  City  of  St.  Paul  a  part  of  its  line  hereinafter  designated, 
by  underground  cable  in  connection  with  stationary  engines 
such  as  are  constructed  and  operated  in  the  street  railway  ser- 
vice upon  what  are  known  as  cable  lines;  and  to  construcl 
and  maintain  such  cable  lines  in  that  part  of  the  Streets  of  the 
city  hereinafter  mentioned. 

The  following,  or  first  part  of  said  cable  line,  which  is  to 
be  occupied  by  Nov.  i,  \.  I'.  L887,  shall  be  constructed  b)  said 
company  within  the  following  limits,  viz:  On  Fourth  street, 
from  Broadway  street  to  the  Seven  Corners  (or  junction  of 
Seventh  and  Third  directs)  ;  mi  Third  street,  from  Seven  Cor- 
ner-, to  Selby  avenue,  and   theme  on   Selby  avenue  to   Dale 

street. 

And  said  cable  line  shall  be  constructed  with  two  (2)  or 
double  tracks,  and  so  thai  said  cable  shall  be  operated  com 
pletely  under  ground,  and  the  rails  of  said  tracks  shall  be  laid 


S40 

i  n  the  established  grade  of  said  streets,  or  on  that  which  shall 
be  established  by  the  City  of  St.  Paul  as  the  grade  of  said 
streets,  on  or  as  near  as  practicable  to  the  center  of  said 
streets,  and  shall  be  laid  in  such  manner  that  carriages  and 
vehicles  can  easily  and  freely  cross  said  tracks  at  all  points. 

And  as  to  that  part  of  said  line  on  Selby  avenue,  between 
Third  street  and  Summit  avenue,  said  company  shall  grade 
said  Selby  avenue,  from  Third  street  to  Summit  avenue,  un- 
der the  direction  of  the  city  engineer  of  said  city,  and  shall 
construct  and  maintain  retaining  walls  on  the  south  side  of 
said  last-mentioned  portion  of  Selby  avenue  sufficient  to  re- 
tain the  earth  on  that  side  of  its  present  condition,  in  such 
manner  as  shall  be  directed  by  the  city  engineer. 

The  cars  to  be  used  on  said  lines  shall  be  constructed  with 
all  the  latest  improvements  for  the  comfort  and  convenience 
of  passengers,  and  shall  be  used  for  no  other  purpose  than  for 
the  transportation  of  passengers,  and  the  said  company  may 
operate  on  said  cable  line  herein  provided,  not  exceeding  two 
(2)  cars  and  one  (1)  grappling  car,  attached  together.  With 
one  (1)  driver  in  charge  of  the  grappling  car,  and  at  least  one 
I  1  I  conductor  in  charge  of  said  additional  cars,  and  the  slot 
or  opening  into  the  trenches  shall  not  exceed  in  width  five- 
eighths  (^s)  of  an  inch,  unless  with  the  permission  of  the 
common  council. 

2214.  Sec.  2.  The  said  company  shall,  on  making  the  nec- 
essary excavation  and  works  for  the  construction  of  said  cable 
line,  replace  the  said  streets  where  such  excavation  or  work 
shall  have  been  made  in  as  good  condition  as  they  were  pre- 
viously, and  shall  keep  sixteen  (16)  feet  in  width,  embracing 
the  space  covered  by  its  said  double  tracks,  and  two  (2)  feet 
outside  of  the  outside  rail  on  either  side  of  said  track  in  the 
streets  aforesaid,  where  said  tracks  are  laid,  clean  and  in  good 
repair,  and  to  cause  the  snow  to  be  removed  from  the  said 
portion  or  sixteen  (16)  feet  of  said  street  or  streets,  so  as  to 
afford  a  safe  and  unobstructed  passage  to  sleighs  and  wagons, 
and  cause  to  be  removed  all  such  snow  from  the  said  space  of 
sixteen  ( 16  )  feet  completely  away  from  said  street  or  streets, 
within  forty-eight  (48)  hours  of  the  snowfall  in  each  instance, 
and   the   repairs   of   said   streets,   and   the   removal   aforesaid, 


sil 

shall  be  done  to  the  satisfaction  of  the  common  council,  or 
such  person  or  persons  as  may  have  supervision  of  the  streets 
of  the  City  of  St.  Paul,  and  at  the  proper  cost  and  expense  to 
said  company.  And  when  any  new  improvements,  paving,  re- 
paving,  planking,  or  replanking  (grading  only  excepted),  is 
ordered  by  the  common  council  of  said  city,  on  any  of  said 
streets  or  parts  of  said  streets  herein  mentioned,  the  said  com- 
pany shall,  in  the  same  manner  and  with  the  like  materials, 
make  such  new  improvements,  paving-,  re-paving,  planking  or 
re-planking,  grading  only  excepted,  on  the  said  space,  sixteen 
(16)  feet  in  that  part  of  said  street  or  streets  where  said  new 
improvements  aforesaid  may  have  been  ordered  by  the  com- 
mon council  aforesaid.  And  in  case  the  said  company  shall, 
after  notice  by  said  common  council  of  said  city,  neglect  to 
make  such  new  improvements  as  aforesaid,  then  the  same  may 
be  done  under  the  direction  of  the  City  of  St.  Paul  at  the 
expense  of  sajd  company,  and  the  amount  of  said  expense 
shall  be  assessed  by  the  proper  authorities  of  said  city,  upon 
like  notice  as  in  other  cases  of  assessments,  and  the  amount 
sc  assessed  shall  be  chargeable  to  and  paid  by  said  company. 
The  running  of  the  cars  or  carriages  on  any  part  of  said 
track  may  be  suspended  by  the  common  council  for  such  rea- 
sonable time  as  may  at  any  time  be  necessary  on  account  of 
repairs  of  streets  or  the  building  of  sewers  or  other  public 
improvements,  and  whenever  it  may  be  necessary  to  have  any 
such  tracks  or  parts  thereof  taken  up  for  the  purpose  afore- 
said the  same  shall  be  taken  up  and  relaid  at  the  expense  ,  ,f 
said  company.  The  chief  of  the  fire  department,  or  the  per- 
son for  the  time  being  who  may  be  acting  in  his  stead,  may 
order  a  suspension  of  the  running  of  any  cars  on  any  line  of 
railway  which  he  may  deem  necessary  during  anj   fire. 

2215.        Sec.  3.     'The  rate  of  fare  upon  said  cable  line  shall 
be  the  same  as  that  upon  any  of  the  hues  ,,i  said  company  now 

in  operation,  and  the  fare  tickets  issued  |>\    said  company   with 

r<  -pi ct  to  other  of  its  lines  in  use  shall  be  received  as  fare  upon 
the  said  cable  line,  provided  that  the  rate  of  fare  upon  the  said 

cable  line  herein   provided,   -hall   not    exceed   five    (6)    cent!    for 

each  passenger,  for  any  continuous  travel  of  one  <li  ride  on 

the   tracks   herein    provided,   toward    the  end   of   -aid   cable   line 
to   which    such   car  is  approaching. 


8  I 

All  provisions  of  ordinance  number  fifty-seven  (57),  en- 
titled "An  ordinance  to  authorize  the  construction  and  opera- 
tion of  horse  railways  in  certain  streets  in  St.  Paul,"  approved 
Jan.  8,  1872,  as  said  ordinance  is  now  amended,  and  also  ordi- 
nance number  two  hundred  and  twenty-four  (224),  en- 
tilled  "An  ordinance  relating'  to  the  acceptance  and  regu- 
lation of  street  railways  in  the  City  of  St.  Paul,"  ap- 
proved  Sept.  23,  1880,  as  the  same  is  now  amended,  and 
all  other  ordinances  of  said  city  as  far  as  applicable,  shall 
apply  to  the  said  cable  line,  when  not  modified  by  the 
terms  of  this  ordinance  or  except  where  the  same  is  in- 
applicable. Said  company  shall  provide  tickets  readily  dis- 
tinguishable from  any  other  tickets  used  by  said  company, 
and  which  shall  be  sold  by  said  company  in  packages  of  six- 
teen (16)  for  fifty  (50)  cents  or  eight  for  twenty-five  (25) 
cents,  at  the  option  of  said  company.  Each  of  said  tickets 
shall  be  good  for  one  (1)  fare  on  said  cable  lines  between  the 
hours  of  six  (6)  and  seven  (7)  in  the  morning  and  six  (6)  and 
seven  (7)  in  the  evening,  but  at  no  other  time.  And  such 
tickets  shall  not  be  good  as  fare  on  any  other  cars  of  said 
company  except  the  cars  of  said  cable  lines. 

The  said  Company  shall  be  liable  to  the  parties  entitled 
thereto  for  all  damages  which  may  be  occasioned  by  reason 
of  the  construction  or  operation  of  said  cable  line  to  any  sewrer 
or  sewers  or  water  pipes  or  conduits  or  gas  pipes,  and  said 
company  shall,  and  upon  acceptance  of  this  ordinance  will, 
indemnify  the  City  of  St.  Paul  for  and  against  all  damages 
which  may  be  recovered  against  said  city  by  reason  of  the 
construction,  maintenance  or  operation  of  said  cable  line  or 
any  part  thereof. 

2216.  Sec.  5.  The  rights  and  privileges  hereby  granted  are 
upon  the  condition  that  said  company  shall  within  thirty  (30) 
days  from  the  passage  hereof  file  with  the  city  clerk  of  the  said 
City  of  St.  Paul  its  written  acceptance  of  this  ordinance  and  its 
agreement  to  construct,  equip,  and  operate  said  cable  line  as 
herein  provided,  and  to  indemnify  said  city  and  be  liable  for 
damages  herein  provided,  signed  by  its  president  or  vice  presi- 
dent :  providing,  also,  in  said  agreement,  that  said  company 
shall  in  fact  complete,  equip  and  put  in  operation,  with  its  cars 


S43 

running  thereon,  the  said  first  part  of  said  cable  line,  to-wit. 
on  Fourth  street,  from  Broadway  street  to  the  Seven  Corners 
(or  junction  of  Seventh  and  Third  streets  I  ;  thence  on  Third 
street,  from  Seven  Corners  to  Selby  avenue,  and  thence  on 
Selby  avenue  to  Dale  street,  on  or  before  the  first  day  of  No- 
vember, A.  D.  1887,  and  the  second  part  or  balance  of  said 
a  ble  line  on  or  before  Nov.  1,  A.  D.  1887.  as  far  easterly  as 
the  sewer  is  constructed  on  East  Seventh  street,  and  shall 
thereafter  operate  the  same  with  a  cable  and  as  a  cable  line, 
with  all  equipments  and  facilities  adequate  to  the  reasonable 
accommodation  of  passengers  desiring  to  use  the  same,  and 
shall  in  the  operation  of  its  plant  for  the  purpose  aforesaid 
burn  and  use  no  bituminous  coal;  provided,  that  nothing  here- 
in contained  shall  be  construed  as  abridging  any  rights  and 
privileges  granted  to  said  company  by  any  other  ordinance  or 
other  authority. 

Provided,  if  said  company  shall  fail  to  complete,  equip  and 
operate  the  said  first  part  of  said  cable  lines  as  herein  pro- 
vided by  Aug.  1,  1888,  or  shall  fail  to  complete,  equip,  and  op- 
erate the  second  part  of  its  said  cable  lines  as  far  as  said 
sewer  on  East  Seventh  street  is  completed  by  Aug.  1,  A.  D. 
1889,  the  rights  and  privileges  hereby  granted  shall  cease  and 
determine. 

2217.  See.  (i.  Any  violation  of  this  ordinance  shall  be 
punished  by  a  fine  of  not  less  than  fifty  dollars  ($50)  and  not 
more  than  one  hundred  ($100),  to  be  enforced  and  collected  in 
the  same  manner  as  other  fines  and  penalties  are  enforced  and 
collected  under  the  provisions  of  the  charter  of  said  City  of 
St.  Paul. 

Sec.    ', .     This  ordinance   shall    take   effed    from    and   after 

its  publication,  and  the  filing  of  the  company's  acceptance  as 
aforesaid. 


SI  ! 

ROBERT    STREET,     FROM     SEVENTH     STREET    TO 

ROBERT  STREET  BRIDGE— RIGHT  TO  LAY 

DOUBLE  TRACK. 

Ordinance  No.  726. 
(Approved  September  22,  L886.) 

2218.  An  Ordinance  authorizing  the  St.  Paul  City  Railway 

Company  to  lay  a  double  track  on  Robert  street, 
from  Seventh  street  to  the  Robert  street  bridge. 

The   Common   Council  of  the   City  of  St.   Paul   do  ordain   as 
follows  : 

Sec.  1.  That  there  is  hereby  granted  to  the  St.  Paul  City 
Railway  Company  the  authority,  right  and  privilege  to  lay 
two  (2)  tracks,  or  a  double  track  of  its  railway,  upon  Robert 
street,  in  said  City  of  St.  Paul,  from  Seventh  street  to  Robert 
street  bridge,  in  the  place  of  its  single  track  at  present  laid 
upon  said  street.  That  said  double  track  shall  be  laid  as  near 
as  practicable  upon  the  central  portion  of  said  street  and  shall 
conform  to  the  regular  requirements  of  the  ordinances  of  said 
city  now  in  force  relative  to  said  company,  or  regulating  the 
same  as  far  as  applicable  thereto. 

2219.  Sec.  2.  That  the  said  company  shall  carefully  re- 
place, at  its  own  cost  and  expense,  under  the  direction  of  the 
city  engineer  of  said  city,  any  portion  of  the  pavement  of  said 
street  which  may  be  removed  or  displaced  in  removing  said 
single  track  and  in  laying  said  double  track,  with  the  same 
kind  of  pavement  and  in  as  good  condition  as  the  same  is 
at  present,  and  shall  keep  the  same  clean  and  in  repair  to  the 
extent  of  so  much  of  the  portion  of  said  Robert  street  as  may 
lie  between  the  rails  of  each  track  and  the  space  between  said 
tracks  and  for  a  space  of  two  (2)  feet  outside  of  its  tracks  and 
cause  the  snow  to  be  removed  from  the  said  portion  of  said 
>treet  between  its  tracks  aforesaid,  and  the  space  between  said 
tracks  and  for  two  (2)  feet  outside  of  said  tracks,  so  as  to 
afford  a  safe  and  unobstructed  passage  to  sleighs  and  wagons, 
and  shall  cause  to  be  removed  all  such  snow  from  such  portion 
of  said  street  completely  away  from  said  street  within  forty- 
eight  (48)  hours  of  the  snowfall  in  each  instance,  and  the  re- 


845 

pairs  and  removal  aforesaid  shall  be  done  to  the  satisfaction  of 
the  common  council  of  said  city,  or  such  person  or  persons  as 
may  have  supervision  of  the  streets  of  said  city,  and  at  the 
proper  cost  of  said  company.  And  said  company  shall  also 
pave  the  intersections  of  said  track  with  the  tracks  of  said 
company  on  Fourth  street  and  Seventh  street  with  regulation 
granite  blocks,  under  the  direction  of  the  city  engineer  of  said 
city.  And  when  any  new  improvement,  paving,  repaving, 
planking  or  replanking-  (grading  only  excepted)  is  ordered  by 
the  common  council  of  said  city  on  said  line  of  Robert  street, 
where  said  double  tracks  may  be  laid,  the  said  company  shall 
in  the  same  manner  and  with  like  materials  make  such  new 
improvements,  paving  or  repaving,  planking  or  replanking" 
i  grading  only  excepted)  on  the  said  portion  of  the  said  Robert 
street  between  the  said  rails  of  the  said  track  and  the  space 
between  said  tracks  and  for  two  I  2  I  feet  outside  of  said  tracks. 
And  in  case  the  said  company  shall,  after  notice  by  said  com- 
mon council  of  said  city,  neglect  to  make  such  new  improve- 
ments as  aforesaid  or  repairing  as  aforesaid  then  the  same  may 
be  done  under  the  direction  of  the  board  of  public  works  or 
proper  city  authorities  at  the  expense  of  said  company,  and 
the  amount  of  said  expense  shall  be  assessed  by  said  board  of 
public  works  or  proper  city  authorities  upon  reasonable  no- 
tice of  said  company,  and  the  amount  so  assessed  shall  be 
chargeable  to  and  paid  by  said  company. 

2220.  Sec.  3.  Any  violation  of  this  ordinance  shall  be 
punished  by  fine  of  not  less  than  fifty  dollars  ($50)  and  not 
more  than  one  hundred  dollars  ($100),  to  be  enforced  and  col- 
lected in  the  same  manner  as  other  fines  and  penalties  are  en- 
fi  n  ed  and  collected  under  the  provisions  of  the  charter  of  said 
city. 

2221.  Sec.  I.  The  said  companj  shall  accepl  this  ordi- 
nance within  thirt)  (30)  days  from  the  publication  thereof  by 
a  written  acceptance  signed  on  behalf  of    aid  company  by  its 

dent  or  vice  president,  and  filed  within  the  said  period  of 
thirty  (3Q)  days  with  the  city  clerk  of  said  city. 

See.  5.  This  ordinance  shall  take  effeci  from  and  after 
it-  publication  and  the  filing  of  the  acceptanci  as  aforesaid  by 
the  said  ci  tmpany. 


846 

CABLE  LINES— SELBY  AVENUE,    FROM    DALE    TO 
ST.  ALBANS  STREET,  EXTENSION. 

Ordinance  No.  778. 

(Approved  May  18,  1887.) 

2222.  An   Ordinance   supplemental   to   ordinance    No.   704, 

entitled  "An  ordinance  relative  to  the  St.  Paul  City 
Railway  Company,"  approved  Aug.  14,  1886. 

The  Common  Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  There  is  hereby  granted  to  the  St.  Paul  City 
Railway  Company  the  authority,  right  and  privilege  to  extend 
its  cable  line  on  Selby  avenue  from  Dale  street  to  St.  Albans 
street  in  the  City  of  St.  Paul.  The  said  extension  of  said  cable 
line  shall  be  laid,  constructed  and  operated  in  the  same  man- 
ner and  shall  conform  in  all  respects  to  the  cable  line  provided 
for  in  said  ordinance  number  seven  hundred  and  lour  (704), 
and  when  completed  shall  be  deemed  part  of  the  said  cable  line 
last  mentioned. 

2223.  Sec.  2.  The  rights  and  privileges  hereby  granted  are 
upon  the  condition  that  said  company  shall  complete  said 
extension  by  the  first  day  of  November,  1887,  and  shall  within 
thirty  (30)  days  from  the  publication  of  this  ordinance  file 
with  the  city  clerk  of  said  City  of  St.  Paul  its  written  accept- 
ance of  this  ordinance  and  its  agreement  to  construct,  equip 
and  operate  said  extension  as  herein  provided,  and  to  indem- 
nify said  city  and  be  liable' for  damages  herein  provided,  signed 
by  its  president,  or  vice  president,  or  secretary,  and  shall  in 
the  operation  of  its  plant  for  the  purpose  aforesaid  use  no 
bituminous  coal ;  provided,  that  in  case  the  said  company  shall 
not  complete  said  extension  by  the  first  day  of  November, 
A.  D.  1887,  that  then  the  rights  and  privileges  hereby  granted 
shall  be  forfeited,  and  provided  that  nothing  herein  contained 
shall  be  construed  as  abridging  any  rights  or  privileges  grant- 
ed to  said  company  by  any  other  ordinance  or  other  authority. 

Sec.  3.  This  ordinance  shall  take  effect  from  and  after 
its  publication  and  the  filing  of  the  said  company's  acceptance 
as  aforesaid. 


m; 

CABLE     LINES— SEVENTH     STREET— CONCESSION 

AS  TO  FARE  TICKETS— CONDITIONS  OF 

CONCESSION— SEVENTH     STREET, 

FROM  WABASHA  STREET  TO 

DULUTH  AVENUE,  WHEN 

TO  BE  COMPLETED. 

Ordinance  No.  981. 

(Approved  July  33,  1888.) 

2224.  An  Ordinance  relating  to  Ordinance  No.  704,  en- 
titled "An  ordinance  relative  to  the  St.  Paul  City 
Railway  Company,"  approved  Aug.  14,  1886. 

The   Common   Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  From  and  after  the  acceptance  of  this  ordinance 
by  the  St.  Paul  City  Railway  Company,  as  hereinafter  stated, 
said  company  shall  not  be  recpiired  to  issue  or  provide  the 
fare  tickets  provided  by  said  ordinance  number  seven  hundred 
and  four  (704)  for  the  hours  of  six  (6)  to  seven  (?)  in  the 
morning  and  six  (6)  to  seven  (7)  in  the  evening,  nor  required 
to  accept  any  reduction  of  fare  for  the  said  hours  on  said  cable 
hues  below  the  regular  fare  at  other  hours. 

The  foregoing  concession  or  provisions  are  made  upon 
the  following  conditions,  which  the  said  company  consents  to 
by  the  said  acceptance  of  this  ordinance: 

First — So  long  as  the  City  of  St.  Paul  shall  not  granl  or 
give  to  any  other  company  or  persons  the  right  to  use  or  oc 
cupy  Summit  avenue  or  any  part  thereof,  i  i  cepl  I"  cross  the 
same,  for  or  by  a  railwaj  of  any  description,  either  upon  the 
surface  or  below  or  above  the  surface  of  said  Summit  avenue, 
the  said  the  St.  Paul  City  Railway  Company  shall  nol  con 
struct,  maintain,  or  operate  any  track  or  tracks,  or  railwa)  or 
railways,  upon  said  Summit  avenue  south  of  the  south  side  of 
Selby  avenue  and  thence  to  the  Mississippi  river,  excepl  to 
said  Summit  avenue  at  such  streel  crossings  as  may  be 
needed  for  extensions  or  changes  of  its  -Meet  railwa)   system. 

ond     The  said  company,  in  lieu  of  thai  part  of  il 
ond  pari  of  said  cable  hue,  which  under  said  ordinance  musl 


SIS 

be  completed  1>\  the  first  of  August,  1889,  shall  construct, 
complete  and  operate  said  cable  line  from  Wabasha  street  to 
Duluth  avenue  on  or  before  the  first  day  of  August,  1889. 

Third— In  case  the  said  last-mentioned  cable  line  from 
Wabasha  street  to  Duluth  avenue  shall  not  be  completed  and 
operated  on  or  before  the  first  day  of  August,  1889,  all  rights, 
franchises  and  privileges  granted  by  this  ordinance  shall  be 
forfeited;  said  forfeiture  shall  also  extend  to  all  rights  and 
privilege-  of  said  company  under  the  said  ordinance  number 
seven  hundred  and  four  (704),  so  far  as  it  relates  to  said 
second  part  of  said  cable  line. 

Fourth — The  said  company  by  its  president  or  vice  presi- 
dent shall  file  a  written  acceptance  of  this  ordinance  on  or  be- 
fore thirty  (30)  days  after  the  publication  thereof.  Which 
said  acceptance  shall  have  been  previously  authorized  by  the 
board  of  directors  of  said  company. 

Sec.  2.  This  ordinance  shall  take  effect  from  and  after 
its  publication,  and  after  the  written  acceptance  thereof  before 
mentioned  shall  be  filed  with  the  city  clerk  of  said  city. 

SIXTH  STREET  AND  ST.  PETER  STREET— PROHI- 
BITION AS  TO  RAILWAY  TRACKS. 

Ordinance  No.  1200. 

(  Approved  August  30,  1889.) 

2225.  An  Ordinance  to  revoke  all  authority  heretofore 
granted  to  the  Saint  Paul  City  Railway  Company, 
or  any  other  person  or  persons,  by  the  City  of  St. 
Paul  to  construct  any  line  of  its  road  on  or  along 
Sixth  or  St.  Peter  streets,  and  to  prohibit  the  con- 
struction by  said  company  or  any  other  person  or 
persons  of  any  line  of  road  in  said  streets. 

The   Common   Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  any  and  all  authority  heretofore  granted  by 
ordinance  of  the  common  council  or  otherwise  to  the  St.  Paul 
City  Railway  Company,  or  to  any  other  person  or  persons, 
company  or  corporation,  to  lay  a  railway  track  or  tracks  on 
Sixth  street  or  St.  Peter  street,  in  said  City  of  St.  Paul,  be  and 


849 

the  same  is  hereby  revoked  and  repealed,  and  all  such  com- 
panies, corporations  and  persons  are  hereby  prohibited  from 
laying  any  such  track  or  tracks  and  from  operating  the  same, 
and  from  running  cars  thereon;  provided,  that  the  above  revo- 
cation and  prohibition  shall  not  extend  to  any  ordinance  or 
charter  granted  by  the  City  of  St.  Paul  since  the  first  day  of 
.August,  1889. 

Sec.  2.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  publication. 

CABLE  LINES— SELBY  AVENUE,  FROM  ST.  ALBANS 
STREET  TO  FAIRVIEW  AVENUE,  EXTENSION. 

Ordinance  No.  1201. 

(Approved  August  30,  1889.) 

2226.  An  Ordinance  supplemental  to  Ordinance  704,  en- 
titled "An  ordinance  relative  to  the  St.  Paul  City 
Railway  Company,"  approved  Aug.  14,  1886. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 

follows  : 

Sec.  1.  There-  is  hereby  granted  to  the  St.  Paul  City 
Railway  Company  the  authority,  right  and  privilege  to  extend 
its  cable  line,  commonly  known  as  the  Selby  avenue  line,  from 
Si.  Albans  street  to  Fairview  avenue,  on  or  along  Selby  ave- 
nue, in  the  City  of  St.  Paul.  The  said  extension  of  said  cable 
line  shall  be  laid,  constructed  and  operated  in  the  same  man- 
ner, and  shall  conform  in  all  respects  to  the  cable  line  provided 
for  in  said  ordinance  number  seven  hundred  and  four  (704), 
and  as  extended  by  ordinance  number  seven  hundred  and  sev- 
eighl  (778),  entitled  "An  ordinance  supplemental  to  or- 
dinance number  seven  hundred  and  four  i  704  |,  entitled  an  or- 
dinance relative  to  the  St.  Paul  City  Railway  Company,  ap- 
proved  Aug.   1  I,   issii,"  except   in  SO  far  as  the  said  ordinances 

seven  hundred  and  four  (704)  and  seven  hundred  and  sevent} 
eight  (778)  are  modified  or  affected  1>\  an)  other  existinj 
dinance  or  resolution  of  the  common  council  of  said  city,  ap- 
plicable thereto.     When  the  said  extension   provided   for  by 

this   ordinance   shall    have   been   completed    it    shall    he   deemed 

pan  of  said  cable  line  provided  for  in   -aid  ordinanci 


850 
hundred  and  four  I  704  i  and  seven  hundred  and  seventy-eight 

2227.  Sec.  ''■  The  rights  and  privileges  hereby  granted  are 
upon  the  condition  that  the  said  company  shall  complete  said 
extension  by  the  first  day  of  November,  1890,  and  shall  within 
thirty  (30)  days  from  the  publication  of  this  ordinance,  file 
with  the  city  clerk  of  said  City  of  St.  Paul  its  written  accept- 
ance of  this  ordinance  and  its  agreement  to  construct,  equip 
and  operate  said  extension  as  herein  provided,  and  to  indem- 
nify said  city  and  be  liable  for  damages  to  said  city,  for  and 
with  respect  to  all  damages  which  may  be  recovered  against 
said  city  by  reason  of  the  construction,  maintenance  or  opera- 
tion of  said  extension,  or  any  part  thereof;  and  that  it  will  in 
the  operation  of  its  plant  for  the  purpose  aforesaid  use  no 
bituminous  coal.  The  said  written  acceptance  and  agreement 
shall  be  signed  by  the  president,  vice  president  or  secretary  of 
said  company;  provided,  that  in  case  the  said  company  shall 
not  complete  the  said  extension  by  the  first  day  of  November, 
A.  D.  1890,  that  then  the  rights  and  privileges  hereby  granted 
shall  be  forfeited,  and  provided  that  nothing  herein  contained 
shall  be  construed  as  abridging  any  rights  or  privileges  grant- 
ed to  said  company  by  any  other  ordinance  or  other  authority. 

Sec.  ■'!.  This  ordinance  shall  take  effect  from  and  after  its 
publication  and  the  riling  of  said  company's  acceptance  as 
aforesaid. 

JOHN  IRELAND  AND  THOMAS  COCHRAN,  JR.— CON- 
STRUCT ELECTRIC  STREET 
RAILWAY  LINES. 

Ordinance  No.  1202. 

(Approved  August  30,  1889.) 

2228.  An  Ordinance  granting  permission  to  John  Ireland 

and    Thomas    Cochran,    Jr.,    to    construct,    equip, 
maintain  and  operate  certain  experimental  electric 
street  railway  lines. 
.  1.     Permission  is  hereby  granted  to  John  Ireland  and 
Thomas  Cochran,  Jr.,  their  successors  and  assigns,  for  the  pur- 
pose of  experimenting  in  the  use  of  electric  power  on  certain 


851 

street  railway  lines  hereinafter  designated,  the  authority, 
right,  ami  privilege  to  build,  equip,  maintain  and  operate  said 
experimental  electric  street  railway  lines,  with  single  or  double 
tracks,  over  and  along  the  streets  and  avenues  in  the  City  of 
St.  Paul  hereinafter  mentioned,  to-wit: 

One  of  said  lines  commencing  on  Randolph  street  where 
the  same  intersects  Seventh  (7th)  street;  thence  on  Randolph 
street  in  a  continuous  line  to  the  Mississippi  river. 

Another  line  commencing  on  Grand  avenue  where  the 
same  intersects  Victoria  street;  thence  on  Grand  avenue  in  a 
continuous  line  to  the  Mississippi  river. 

2229.  Sec.  2.  The  said  John  Ireland  and  Thomas  Cochran, 
Jr..  are  hereby  granted  authority  and  permission  to  enter  up- 
on all  the  streets  named  above  and  included  in  the  routes  above 
designated,  or  any  of  them,  to  construct,  maintain  and  operate 
such  experimental  electric  lines,  to  place,  erect,  and  secure  the 
poles,  columns,  wires  and  the  appliances  which  may  be  re- 
quired  in  the  construction  and  maintenance  of  said  railway  and 
for  operating  the  same. 

Provided,  that  all  such  poles  and  appliances  shall  be 
erected  under  the  supervision  and  inspection  of  the  city  engi- 
neer, and  shall  be  approved  by  him. 

2230.  See.  3,     The  said  lines  of  railway  are  to  be  construcl 
ed  and  operated  as  herein  provided  on  the  established  grades 
"f   said    streets,   or  Oil    that    which    shall    be   established   by    the 

City  of  St.  Paul  as  the  grade  of  said  streets. 

2231.  See.  I.     The  said  John  Ireland  and  Thomas  Cochran, 

Jr.,  shall  at  all  times  keep  so  much  of  the  streets  occupied  h\ 
said  lines  mi"  railway  as  may  lie  between  the  rails  <'f  each  track. 

and    between    the   lines   of   double    track,   and    for    the    space    of 
two  (2)  feel  outside  of  the  track  or  tracks,  cleaned  ami  in  ■ 
repair,  and  shall  cause  the  snow  to  lie  removed  so  as  to  afford 

a   safe  and  unobstructed  passageway  on  said  portion  ol 

streets  for  sleighs  and  wagons,  within  twenty-four   (24)   hours 

ot  the  snowfall,  in  cadi  instance,  and  the  repairs  and  removal 

oi    file   snow   shall   he  done   )..  the   sa  I  i  s  f.i  et  ion   of  the   common 

icil;  or  such  person  or  persons  as  may  have  supervision  of 
the  streets  of  the  City  of  St.  Paul,  and  al  the  cosl  and  expense 


S52 

of  said  John  Ireland  and  Thomas  Cochran,  Jr.,  and  in  case  of 
any  failure  to  comply  with  the  above  provision  the  city  engi- 
neer shall  cause  such  snow  to  be  removed  and  the  track  kept 
in  repair  as  aforesaid,  and  the  expense  thereof  shall  be  charged 
to  and  collected  from  said  John  Ireland  and  Thomas  Cochran, 

Jr 

The  running  of  cars  on  any  part  of  said  lines  of  railway, 
or  either  of  them,  may  be  suspended  by  the  common  council 
for  such  reasonable  time  as  may  at  any  time  be  necessary  on 
account  of  repairs  of  streets  or  the  construction  of  sewers  or 
other  public  improvements;  and,  whenever  it  may  be  necessary 
to  have  any  track  taken  up  for  the  purpose  aforesaid,  the  same 
shall  be  taken  up  and  relaid  at  the  expense  of  said  John  Ireland 
and  Thomas  Cochran,  Jr. 

Provided,  however,  that  in  case  of  any  such  suspension  as 
aforesaid,  the  time  of  the  same  shall  not  be  considered  as  part 
of  the  time  during  which  the  experimental  maintenance  of  the 
said  lines  may  be  continued. 

The  chief  engineer  of  the  fire  department  of  this  city  or 
the  person  who  for  the  time  being  may  be  acting  in  his  stead, 
may  order  a  suspension  of  the  running  of  the  cars  on  said  lines 
of  railway  or  either  of  them,  which  he  may  deem  necessary 
during  any  fire.  In  case  of  fire  or  any  other  public  necessity 
the  proper  officer  or  officers  of  the  city  may  cut  or  pull  down 
any  wires  or  poles  used  to  operate  the  cars  on  said  lines,  or 
either  of  them,  and  the  city  or  its  officers  shall  not  thereby  be 
liable  to  said  John  Ireland  and  Thomas  Cochran,  Jr.,  for  any 
loss  or  damage  resulting  from  the  cutting  or  pulling  down 
thereof,  or  for  the  cost  or  expense  of  repairing  or  replacing  the 
same. 

2232.  Sec.  5.  Said  John  Ireland  and  Thomas  Cochran,  Jr., 
shall  have  permission  to  maintain  the  lines  by  this  ordinance 
authorized  and  experimentally  to  operate  the  same  for  and 
within  the  period  of  one  year  from  the  time  this  ordinance 
shall  go  into  effect;  provided,  that  if  such  experiments  shall 
not  prove  satisfactory  to  the  common  council  of  said  city,  or 
if  for  any  other  reason  the  common  council  should  deem  it 
wise  to  remove  the  same,  and  shall  so  order,  the  said  poles, 
wires   and   appliances   shall   be   removed   at   any   time   within 


853 

three  (3)  months  after  the  expiration  of  said  year  by  the  order 
►of  the  common  council,  and  at  the  expense  of  the  said  grantees. 

2233.  Sec.  6.  The  rate  of  fare  for  each  passenger  traveling 
on  any  of  said  lines  shall  not  exceed  five  (5)  cents,  including 
ordinance  baggage ;  provided,  that  no  fare  shall  be  required  for 
a  child  under  five  (5)  years  of  age  while  traveling  under  the 
care  of  an  older  person.  And  it  is  further  expressly  provided 
that  the  said  John  Ireland  and  Thomas  Cochran.  Jr.,  shall 
cause  the  passengers  on  said  lines  to  be  transferred  by  a  sys- 
tem of  transfer  checks  to  the  lines  of  the  St.  Paul  City  Railway 
Company  connecting  with  the  said  lines  herein  designated, 
without  extra  charge  for  such  transfer  checks,  and  if  said  St. 
Paul  City  Railway  Company  shall  decline  to  accept  such 
transfer  checks,  then  said  grantees  shall  pay  for  the  fare  on 
such  connecting  lines. 

2234.  Sec.  7.  The  said  John  Ireland  and  Thomas  Cochran. 
Jr.,  their  successors  and  assigns,  shall  be  liable  to  said  city  for 
all  damages,  expenditures,  liabilities  and  costs  which  may  be 
incurred  by  said  city  by  reason  of  the  construction  or  mainte- 
nance of  said  lines  of  railway,  or  any  part  thereof,  or  the  oper- 
ation thereof,  or  by  reason  of  the  rights  hereby  granted  to 
said  John  Ireland  and  Thomas  Cochran,  Jr.,  and  said  John 
Ireland  and  Thomas  Cochran,  Jr.,  their  successors  and  as- 
signs, shall  fully  indemnify  and  save  harmless  said  city  from 
all  such  damages,  expenditures,  loss  and  costs  which  may  be 
incurred. 

2235.  Sec.  8.  In  eases  where  an)  team  or  vehicle  shall 
meet  any  ear  on  said  lines  of  railway,  or  either  ol  them,  or 
shall  be  overtaken  by  any  ear  thereon,  such  team  or  vehicle 
shall  give  way  to  such  car.  No  person  shall  willfully  and  un- 
necessarily obstruct,  hinder,  dela)  or  interfere  with  the  pass 
age  of  any  of  the  ears  on  either  of  said  lines  of  railway  or 
tracks  by  placing,  driving  or  stopping,  or  causing  to  be  placed, 
driven  or  -topped,  an)  team,  vehicle  or  obstacle,  or  thing,  in. 
upon,  aero--,  along  or  near  the  track  of  either  "i  ■-aid  lines  ol 
railway,  after  being  notified  by  the  conductor  or  person  in 
charge  of  the  ear  thereon  b)  the  ringing  of  the  car  bell  or 
otherwise.     And  whoever  shall  violate  any  of  the  provisions 


85  l 

of  this  section  shall,  upon  conviction  thereof  before  the  muni- 
cipal court  of  said  city,  be  punished  by  a  fine  of  not  more  than' 
one  hundred  dollars  ($100)  nor  less  than  five  dollars  ($5). 

2236.  Sec.  9.  Any  violation  of  this  ordinance  shall  be  pun- 
ishable by  a  fine  of  not  less  than  fifty  dollars   ($50)   and  not 

than  one  hundred  dollars  ($100),  to  be  enforced  and  col- 
lected in  the  same  manner  as  other  fines  and  penalties  are 
enforced  and  collected  under  the  provisions  of  the  city  charter. 

2237.  Sec.  10.  If  said  John  Ireland  and  Thomas  Cochran, 
Jr.,  desire  to  build,  equip  and  operate  both  or  either  of  said 
lines  of  railway  in  accordance  with  the  provisions  of  this  or- 
dinance they  shall  file  with  the  city  clerk,  within  sixty  (60) 
days  after  the  passage  and  publication  of  this  ordinance,  their 
acceptance  of  the  terms  and  provisions  of  this  ordinance. 

2238.  Sec.  11.  This  ordinance  shall  take  effect  and  be  in 
fcrce  from  and  after  its  publication  and  its  acceptance  by  said 
John  Ireland  and  Thomas  Cochran,  Jr.,  in  the  manner  and 
within  the  time  provided  in  section  ten  (10)  of  this  ordinance. 

CABLE  LINES— SELBY  AVENUE,  FROM  ST.  ALBANS 
STREET  TO  FAIRVIEW  AVENUE,  SUBJECT  TO 
ORDINANCE  704,  ETC.— RATE  OF  FARE 
BETWEEN  BROADWAY  AND  FAIR- 
VIEW  AVENUE. 

Ordinance  No.  1210. 

(Approved  September  7,  1889.) 

2239.  An  Ordinance  supplemental  to  Ordinance  No.  1201, 

relative  to  the  St.  Paul  City  Railway  Company. 
The  Common   Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  the  extension  of  the  cable  line  of  the  St. 
Paul  City  Railway  Company,  commonly  known  as  the  Selby 
avenue  lines,  from  St.*  Albans  street  to  Fairview  avenue,  on  or 
along  Selby  avenue,  in  the  City  of  St.  Paul,  as  provided  for  by 
ordinance  number  twelve  hundred  and  one  (1201),  approved 
on  the  thirtieth  day  of  August,  1889,  shall  be  subject  to  all  the 
provisions  and  regulations  of  ordinance  number  seven  hundred 


855 

ami  four  i  704  ).  and  the  ordinances  therein  referred  to,  as  far  as 
applicable  thereto,  and  except  as  said  ordinance  number  seven 
hundred  and  four  i  i(,4i  may  be  modified  by  any  ordinance  or 
resolution  of  the  common  council  of  said  cit)  passed  prior  to 
Aug.  1,  1889. 

2240.  Sec.  2.  The  rate  of  fare  shall  not  exceed  five  (5) 
cents  for  each  passenger  for  any  continuous  travel  of  one  (1) 
ride  on  said  cable  line,  from  Broadway  street  to  Fairview  ave- 
nue, or  from  Fairview  avenue  to  Broadway  street,  or  any  con- 
tinuous travel  of  one  (1)  ride  on  said  tracks  between  said 
points  toward  the  end  of  said  cable  line  to  which  said  car  is  ap- 
pr<  >aching. 

2241.  Sec  3.  This  ordinance  shall  take  effect  from  and 
after  its  publication  and  acceptance  by  the  St.  Paul  City  Rail- 
way Company  of  said  ordinance  number  twelve  hundred  and 
one  (T201),  and  this  ordinance  in  the  manner  provided  in  said 
ordinance  number  twelve  hundred  and  one  (1201). 

ELECTRIC  LINES,  PNEUMATIC,  GAS,  CABLE  LINES; 
OPTION  OF  COMPANY. 

Ordinance  No.  1227. 

(Approved  September  20,  1889.) 

2242.  An  Ordinance  authorizing  the  Saint  Paul  City  Rail- 

way  Company   to   construct,    equip,   maintain  and 
operate  street  railway  lines  in  the  City  of  St.  Paul. 

The  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows: 

Sec.  I.  There  is  hereby  granted  to  the  Sainl  Paul  City 
Railway  Company,  its  successors  and  assigns,  the  authority, 
righl  and  privilege  to  build,  equip,  maintain  and  operate  streel 
railway  lines,  wiih  single  or  double  tracks,  with  all  necessarj 

side  tracks  and  switches,  poles,  wires,  conduits  and  appliances. 

over  and  along  the  streets  and  avenues  of  the  City  of  Sainl 
I 'anl  hereinafter  menl  it tned,  t< i  wit : 

(  Hie  of  3aid  lines  i  ommencing  on  Fifth  1 5th  l  streel  al 
Wacouta  street;  thence  on  Fifth  (5th)  streel  to  Wabasha 
streel  ;  thence  on  Wabasha  streel  to  I  fniversit)  avenue;  thence 


85G 

on  University  avenue  to  the  west  limits  of  the  City  of  St.  Paul, 
which  line  shall  be  completed  and  in  operation  on  or  before 
the  first  i  1st)  clay  of  November,  1890. 

Another  line  connecting  with  the  University  avenue  line 
at  the  intersection  of  Rice  street  and  University  avenue; 
thence  on  Rice  street  to  Como  avenue;  thence  on  Como  avenue 
to  Front  street,  which  line  shall  be  completed  and  in  operation 
on  or  before  the  first  (1st)  day  of  November,  1890. 

Another  line,  being"  an  extension  of  the  Como  avenue 
line,  commencing  at  the  intersection  of  Como  avenue  and 
Front  street;  thence  by  such  route,  as  direct  as  practicable, 
a>  may  be  hereafter  designated  by  the  common  council 
through  Warrendale  to  Como  park,  which  line  shall  be  com- 
pleted and  in  operation  on  or  before  Nov.  1,  1891 ;  provided, 
that  all  streets  to  be  so  hereafter  designated  for  said  line  be 
sewered  before  Jan.  1,  1891,  and  if  said  streets  are  not  then 
sewered  said  line  shall  be  completed  and  in  operation  within 
one  year  after  the  same  are  sewered. 

Provided,  however,  that  said  line  shall  be  extended  to 
Como  park  as  soon  as  the  waters  of  Lake  Como  shall  be  re- 
stored to  their  height  during  the  year  1885,  whether  sewers  are 
then  constructed  or  not,  but  not  earlier  than  Nov.  1,  1891. 

Another  line  commencing  on  Fifth  (5th)  street  at  Wa- 
couta  street;  thence  on  Fifth  (5th)  street  to  "Wabasha  street; 
thence  on  Wabasha  street  to  Seventh  (7th)  street;  thence  on 
Seventh  (7th)  street  to  the  Fort  Snelling  bridge,  the  whole  of 
which  line  shall  be  completed  and  in  operation  on  or  before 
Nov.  1,  1891,  but  said  line  shall  be  completed  and  operated  to 
Pleasant  avenue  by  Nov.  1,  1890. 

Another  line  commencing  at  the  intersection  of  Jackson 
and  Fifth  (5th)  street;  thence  on  Jackson  street  to  Fairview 
street  at  its  intersection  with  University  Ave.,  east ;  thence  on 
Fairview  street  to  the  intersection  of  the  north  line  of  Penn- 
sylvania avenue  with  Jackson  street;  thence  on  Jackson  street 

Sycamore  street;  thence  on  Sycamore  street  to  Courtland 
street ;  thence  on  Courtland  street  to  Maryland  street,  which 
lines  shall  be  completed  and  in  operation  on  or  before  the 
first  (1st)  day  of  September,  1891. 

Provided,  that  if  the  grade  upon  any  part  of  said  line  shall 
exceed  five  (5)  per  cent  on  said  first  day  of  September,  1891, 


85*3 

said  line  shall  be  constructed  and  completed  within  twelve  (12) 
months  after  such  grade  shall  be  reduced  to  not  less  than  five 
i  5  I  per  cent,  or  such  greater  grade  as  shall  be  shown  to  be 
practicable  as  hereinafter  provided. 

Another  line  commencing  on  Fifth  (5th)  street  at  Wa- 
couta  street;  thence  on  Fifth  (5th)  street  to  Broadway  street; 
thence  on  Broadway  street  to  Mississippi  street;  thence  on 
Mississippi  street  to  York. street;  thence  on  York  street  to 
Westminster  street;  thence  on  Westminster  street  to  Case 
street;  thence  on  Case  street  to  Arkwright  street;  thence  on 
Ark wright  street  to  Maryland  street,  which  said  line  shall  be 
completed  and  in  operation  on  or  before  Nov.  1,  1890. 

Another  line  commencing  at  the  intersection  of  Seventh 
(7th)  street  and  Maria  avenue;  thence  on  Maria  avenue  to 
Plum  street ;  thence  on  Plum  street  to  Hastings  avenue ;  thence 
on  Hastings  avenue  to  Earl  street;  thence  on  Earl  street  to 
the  Indian  Mound  Park,  the  first  part  of  which  line,  to- wit:  to 
Earl  street,  shall  be  completed  and  in  operation  on  or  before 
Nov.  1,  1890,  and  in  the  latter  part,  to-wit:  from  Earl  street 
to  Indian  Mound  Park,  on  or  before  Nov.  1,  1891. 

Another  line  commencing  at  the  intersection  of  Rob- 
ert street  and  Fifth  (5th)  street;  thence  on  Robert  street  to 
the  Robert  street  bridge;  thence  across  the  same  and  along 
South  Robert  street  to  Concord  street;  thence  on  Concord 
Street  to  a  point  near  Arthur  avenue. 

Another  line  commencing  on  State  street  where  the  same 
intersects  Concord  street ;  thence  on  State  street  to  South  Rob 
(it  street ;  thence  on  South  Roberl  streel  to  Vnnapolis  street. 

Another  line  commencing  on  Wabasha  streel  where  the 
same  intersects  Seventh  (7th)  street:  thence  on  Wabasha 
street  to  the  Wabasha  streel  bridge;  thence  across  the  same  to 
Dakota  avenue;  thence  on  Dakota  avenue  to  Winifred  street; 
thence  on   Winifred   street    to  Ohio  street;  thence  on   Ohio 

I  to  George  street;  thence  on  George  streel  to  Smith  ave- 
nue; thence  on  Smith  avenue  to  Annapolis  street.  The  three 
(3)  last  named  lines  shad  be  completed  and  in  operation  on 
i  ;■  before  Nov.  1.  L890. 

Another  line  commencing  at  the  intersection  of  Winifred 
street  and  Stryker  avenue,  thence  on  Stryker  avenue  to    \n 


858 

napolis  street,  which  line  shall  be  completed  and  in  operation 
on  or  befi  »re  Nov.  1 .  1891. 

Vnother  line  commencing  at  the  intersection  of  Univer- 
sity avenue  and  Rice  street;  thence  on  Rice  street  to  Maryland 
avenue. 

Vnother  line  commencing  at  the  intersection  of  Tenth 
(Huh  i  street  and  Wabasha  street;  thence  on  Tenth  (10th) 
street  to  Rice  street;  thence  on  Rice  street  to  Rondo  street; 
thence  on  Rondo  street  to  Dale  street. 

Another  line  commencing"  at  the  intersection  of  Locust 
street  and  Seventh  ('7th)  street;  thence  on  Locust  street  to 
Westminster  street;  thence  on  Westminster  street  to  Lafay- 
ette avenue,  thence  on  Lafayette  avenue  to  Collins  street; 
thence  on  Collins  street  to  Burr  street;  thence  on  Burr  street 
to  Minnehaha  street;  thence  on  Minnehaha  street  to  Edgerton 
street ;  thence  on  Edgerton  street  to  Reane)^  street ;  thence  on 
Reaney  street  to  Payne  avenue;  thence  on  Payne  avenue  to 
Sims  street:  thence  on  Sims  street  to  Greenbrier  avenue,  and 
thence  on  Greenbrier  avenue  to  Maryland  avenue. 

Another  line  beginning  at  the  intersection  of  West  Sev- 
enth street  and  Ramsey  street ;  thence  on  Ramsey  street  to 
Oakland  avenue ;  thence  on  Oakland  avenue  to  Grand  avenue  ; 
and  thence  on  Grand  avenue  to  Victoria  street. 

Another  line  commencing  at  the  intersection  of  Lexington 
avenue  and  University  avenue  ;  thence  on  Lexington  avenue 
to  Minnehaha  street ;  thence  on  Minnehaha  street  to  Snelling 
avenue ;  thence  on  Snelling  avenue  to  Langford  avenue  ;  thence 
on  Langford  avenue  to  county  road  in  St.  Anthony  Park, 
which  line  shall  be  completed  and  in  operation  to  Langford 
avenue  by  Sept.  1,  1890,  and  thence  to  the  county  road  afore- 
said by  July  1,  1891. 

Provided,  however,  that  said  City  Railway  Company 
shall  not  be  required  to  construct  or  operate  any  of  said  lines 
where  the  grade  of  any  of  the  streets  on  such  line  or  lines  is 
more  than  five  (5)  per  cent,  unless  it  shall  be  shown  that  a  line 
of  railway  operated  by  electricity  is  successfully  operated  un- 
der substantially  similar  conditions  in  other  cities  on  a  grade 
a-  c,rreat  as  that  on  any  part  of  such  proposed  line. 


859 

22*3.  Sec.  2.  The  said  Saint  Paul  City  Railway  Company, 
its  successors  and  assigns,  shall  have  the  right  to  operate  said 
lines  of  railway  by  cable,  electric,  pneumatic  or  gas  power,  at 
the  option  of  said  company. 

Provided,  that  no  locomotive  or  motor  propelled  by  steam 
shall  ever  be  used  on  said  lines  of  railway  or  any  part  thereof, 
nor  shall  any  power  be  employed  on  said  lines  or  any  part 
thereof,  which  shall  be  a  public  or  private  nuisance,  or  shall 
constitute  an  additional  servitude  to  the  property  on  said 
streets  or  elsewhere. 

2244.  Sec.  3.  The  said  Saint  Paid  City  Railway  Company 
is  hereby  granted  authority  and  permission  to  enter  upon  all 
the  streets  above  named  and  included  in  the  routes  designated. 
or  any  of  them,  to  construct,  maintain  and  operate  such  rail- 
way lines  and  to  place,  erect  and  secure  the  poles,  columns, 
wires,  conduits  and  appliances  which  may  be  required  in  the 
construction  and  maintenance  of  said  lines  of  railway,  and  for 
operating  the  same. 

Provided,  that  in  the  operation  of  the  plants  to  be  erected 
for  the  purpose  aforesaid  said  Saint    Paid  City   Kail\\a\    Com 
pany  shall  not  burn  nor  use  bituminous  coal,  unless  the  per 
mission  of  the  common  council  is  first  obtained. 

And  provided,  that  if  any  of  said  lines  shall  be  operated 
by  cable,  all  ordinances  or  resolutions  now  in  force,  or  hereto- 
fore passed  by  the  common  council  regulating  the  construc- 
tion and  operation  of  cable  lines  in  the  City  of  St.  Paul,  ex 
cepl  where  the  same  are  inconsistent  with  any  of  the  pro- 
visions of  this  ordinance,  shall  apply  to  such  cable  lines. 

2245.  Sec.  I.  All  poles  erected  under  this  ordinance  shall 
be  of  such  size,  style,  height,  and  material,  and  shall  be  placed 
al  such  points  on  the  margin  of  the  street  side  of  the  sidewalks 
or  boulevards  and  such  distance  aparl  between  centers,  as 
shall  be  designated  by  the  <ii\  engineer,  and  shall  be  erected 
and  sai'l  wires  strung  thereon  under  the  supervision  and  sub 
jeel  i"  the  inspection  and  control  of  the  city  engineer, 
Plans  of  said  poles,  wire-,  and  appliances  shall  be  submitted 
to  the  city  engineer  and  shall  be  approved  l>\  him  by  written 
certificate  before  the  same  are  erected.     Said  poles,  win    .  ap 


Mill 

pliances  and  structures  shall  be  built  upon  the  must  approved 
method,  so  as  to  interfere  as  little  as  practicable  with  all  other 
public  uses  of  said  streets,  and  both  material  and  workmanship 

shall  be  the  best  of  their  class  and  kind. 

2246.  Sec.  5.  The  coaches  and  cars  used  on  said  lines  of 
railway  shall  be  of  the  best  modern  style  and  construction, 
suitable  for  the  safety,  convenience  and  comfort  of  the  passen- 
gers :  and  shall  be  comfortably  heated  during  the  winter 
months,  and  whenever  necessary  at  any  season;  and  shall  be 
properly  lighted  and  ventilated ;  and  shall  have  painted  on 
conspicuous  parts  thereof,  on  sign  boards  placed  thereon,  in 
large,  plain  letters,  so  that  the  same  may  be  readily  seen  and 
read  by  day  and  by  night,  the  route  or  streets  over  which  the 
same  are  operated. 

2247.  Sec.  (>.  The  Saint  Paul  Railway  Company  shall, 
from  the  time  of  the  completion  and  commencement  of  the 
operation  of  any  of  said  lines,  operate  the  same  during  such 
hours  ot  each  day,  and  cause  the  cars  to  be  operated  on  each 
of  said  lines  with  such  frequency  as  shall  reasonably  accommo- 
date the  traveling  public  along  said  lines. 

Provided,  that  in  case  of  the  interposition  of  any  insur- 
mountable obstacle,  the  running  of  cars  may  be  suspended  for 
such  time  as  shall  be  absolutely  required  to  overcome  the 
same. 

The  common  council  may  regulate  the  speed  for  running 
said  cars,  so  far  as  to  conform  to  the  speed  generally  per- 
mitted for  similar  cars  in  other  cities. 

2248.  Sec.  7.  The  said  lines  of  railway  are  to  be  construct- 
ed and  operated  as  herein  provided  on  the  established  grade 
of  said  streets,  or  on  that  which  shall  be  established  by  the 
City  of  St.  Paul  as  the  grade  of  said  streets. 

Said  company  shall  raise  or  lower  its  tracks,  posts,  struc- 
tures, and  appliances  to  conform  to  any  changes  that  may  be 
made  in  the  grade  of  any  of  said  streets,  at  its  own  cost  and 
expense  whenever  said  streets  are  actually  ordered  to  be 
graded  to  such  changes  and  said  company  is  ordered  to  do  so. 

2249.  Sec.  8.  The  track  of  said  railway  lines  shall  not  be 
elevated  above  the  surface  of  the  street,  and  shall  be  laid  with 


861 

the  O.  G.  rails  (so-called)  or  such  other  rails  as  shall  be  ap- 
proved or  ordered  by  the  common  council,  on  or  as  near  as 
practicable  to  the  center  of  said  streets,  and  shall  De  so  laid 
that  carriages  and  vehicles  can  easily  and  freely  cross  said 
streets  at  any  and  all  points  thereof  with  the  least  obstruction 
possible. 

Provided,  that  no  track,  or  part  of  a  track,  shall  be  oper- 
ated before  the  same  shall  have  been  inspected  and  approved 
by  the  common  council  of  said  city,  after  written  notice  by 
the  com  pan}"  of  its  completion. 

2250.  Sec.  9.  The  Saint  Paul  City  Railway  Company  shall 
at  all  times  keep  so  much  of  the  streets  occupied  by  said  lines 
of  railway  as  may  lie  between  the  rails  of  such  track,  and  be- 
tween the  lines  of  double  track,  and  for  a  space  of  two 
I 2  I  fee:  outside  of  the  track  or  tracks  cleaned  and  in 
good  repair,  and  shall  cause  the  snow  to  be  removed  so 
as  to  afford  a  safe  and  unobstructed  passageway  for  sleighs 
and  wagons,  within  twenty-four  (24)  hours  of  the  snowfall  in 
each  instance,  and  the  repairs  and  the  removal  of  the  snow 
shall  be  done  to  the  satisfaction  of  the  common  council,  or 
such  person  or  persons  as  may  have  supervision  of  the  streets 
of  the  City  of  St.  Paul,  and  at  the  cost  and  expense  of  said 
company,  and  in  case  of  any  failure  to  comply  with  the  above 
provisions,  the  city  engineer  shall  cause  such  snow  to  be  re- 
moved and  the  track  kept  in  repair  as  aforesaid,  and  the 
pense  thereof  shall  be  charged  to  and  collected  from  said  St. 
Paul  Railway  Company. 

2251.  Sec.  10.  When  any  new  improvements,  paving,  re- 
pairing, planking,  or  replanking  (grading  only  excepted),  shall 
be  ordered  by  the  common  council  on  any  of  said  streets,  or 
part  of  said  streets  herein  mentioned,  the  said  company  shall, 
in  lik<-  manner  and  with  the  same  materials,  make  such  im 
provements,  paving,  repairing,  planking  or  replanking  (grad- 
ing onl)  exi  epted),  on  such  parts  of  said  is  may  lie  1"' 
tween  the  rails  of  each  track,  and  between  the  lines  of  double 
tracks  and  for  a  3pace  of  two  (2)  feel  outside  the  track  or  tracks 
where  said  new  improvemenl  afon  aid  ma)  hav<  been  ordered 
by  the  common  coum  il  afon  said,  and  in  case  the  said  company 


862 

shall,  after  notice  by  the  common  council  of  said  city,  neglect 
to  make  such  new  improvements  as  aforesaid,  then  the  same 
may  be  done  under  the  direction  of  the  City  of  St.  Paul  at 
the  expense  of  said  company,  and  the  amount  of  said  expense 
shall  be  assessed  by  the  proper  authorities  of  said  city,  upon 
like  notice  as  in  other  cases  of  assessment,  and  the  amount  so 
assessed  shall  be  chargeable  to  and  paid  by  said  company. 

2252.  Sec.  11.  The  running  of  the  cars  on  any  part  of  said 
lines  of  railway,  or  either  of  them,  may  be  suspended  by  the 
common  council  for  such  reasonable  time  as  may  at  any  time 
be  necessary  on  account  of  repairs  of  street  or  the  construc- 
tion of  sewers  or  other  public  improvements;  and  whenever 
it  may  be  necessary  to  have  any  track  taken  up  for  the  pur- 
pose aforesaid,  the  same  shall  be  taken  up  and  relaid  at  the 
expense  of  said  Saint  Paul  City  Railway  Company. 

The  chief  engineer  of  the  fire  department  of  said  city,  or 
the  person  who  for  the  time  being  may  be  acting  in  his  stead, 
may  order  a  suspension  of  the  running  of  the  cars  on  said 
lines  of  railway,  or  either  of  them,  as  he  may  deem  it  necessary 
during  any  fire. 

In  case  of  fire  or  other  public  necessity  the  proper  officer 
or  officers  of  the  city  may  cut  or  pull  down  any  wires,  poles, 
structures,  or  appliances  used  to  operate  the  cars  on  said 
lines,  or  either  of  them,  and  the  city  or  its  officers  shall  not 
thereby  be  liable  to  said  Saint  Paul  City  Railway  Company  for 
any  loss  or  damage  resulting  from  the  cutting  or  pulling  down 
thereof,  nor  for  the  costs  or  expense  or  repairing  or  replacing 
the  same. 

2253.  Sec.  12.  All  cars  running  on  said  lines  of  railway 
shall  be  used  only  for  carrying  passengers,  including  ordinary 
baggage,  and  after  sunset  shall  be  provided  with  signal  lights 
to  be  maintained  in  such  colors  and  manner  as  the  common 
council  may  direct  or  approve. 

2254.  Sec.  13.  The  rate  of  fare  for  each  passenger  travel- 
ing on  any  of  said  lines  shall  not  exceed  five  (5)  cents,  includ- 
ing ordinary  baggage. 

Provided,  no  fare  shall  be  required  for  a  child  under  five 
(5)   years  of  age,  while  traveling  under  the  care  of  an  older 
son  ;  and 


863 

Provided,  that  when  the  same  car  travels  over  two  (2)  or 
more  streets  or  lines  there  shall  be  but  one  (1)  fare  for  the 
whole  distance  so  traveled. 

2255.  Sec.  14.  From  and  after  the  first  day  of  November, 
1890,  said  Saint  Paul  City  Railway  Company  shall  issue 
transfer  checks  to  any  passenger  who  has  paid  one  (1)  fare  on 
any  line  now  operated,  or  to  be  hereafter  operated  by  said 
Saint  Paul  City  Railway  Company,  in  the  City  of  Saint  Paul, 
which  transfer  checks  shall  entitle  the  passenger  so  receiving 
the  same  to  a  continuous  passage  on  any  connecting  or  cross- 
ing line  operated  or  to  be  hereafter  operated  by  said  Saint 
Paul  City  Railway  Company,  with  animal  or  any  other  power  ; 
no  passenger  shall  be  entitled  to  more  than  one  (1)  transfer 
for  one  (1)  fare,  and  such  transfer  check  shall  be  used  only  by 
the  person  receiving  the  same  for  a  continuous  passage,  and 
shall  be  used  upon  the  next  car  departing  on  the  connecting 
or  crossing  line  upon  which  it  is  to  be  used. 

2256.  Sec.  L5.  In  all  cases  where  any  team  or  vehicle  shall 
meel  any  car  on  said  lines  of  railway,  or  either  of  them,  or 
shall  be  overtaken  by  any  car  thereon,  such  team  or  vehicle 
shall  give  way  to  such  car.  No  person  shall  willfully  and  un- 
necessarily obstruct,  hinder,  delay,  or  interfere  with  the  pass 
age  of  any  of  the  cars  on  either  of  said  lines  of  railway  or 
tracks  by  placing,  driving  or  stopping,  or  causing  to  be  placed 
or  driven  or  stopped  any  team,  vehicle  or  obstacle  *'i"  thing  in. 
upon,  across,  along,  or  near  the  track  of  either  of  said  lines  of 
railway  after  being  notified  by  the  conductor  or  person  in 
charge  of  a  ear  thereon  by  ringing  of  the  ear  lull  or  otherwise. 

And   whoever  shall  violate  any  of  the  provisions  of  this  sectii  m 

shall  upon  conviction  thereof  before  the  municipal  courl  ol 
said  city,  !><■  punished  b\  a  fine  ol  nol  more  than  one  hundred 
dollar-  ($100)  nor  less  than  fiv<    dollars  ($5). 

2257.  See.  16.     The  Saint   Paul  City   Railwa}   Company,  in 
consideration  of  the  privileges  granted  to  il   undei    thi     ordi- 
nance, In  nb\    waives  and   surrenders  all  rights  it    may  have 
heretofore  acquired  to  lay  sti  and  operate 
thereon,  upon  an)  and  all  of  the  following  streets,  to-wil  : 


864 

Dayton  avenue.  Nelson  avenue.  Western  avenue  from 
Nelson  avenue  to  Summit  avenue,  Sixth  street,  Minnesota 
street.  Cedar  street.  Sibley  street,  Eighth  street,  Central  ave- 
nue fnun  Robert  street  to  Wabasha  street,  Sherburne  avenue 
from  Robert  street  to  Park  avenue,  Summit  avenue  and  East 
Summit  avenue  from  Rice  street  to  Robert  street  and  Aurora 
avenue -from  Robert  street  to  Wabasha  street,  Forbes  avenue 
from  Exchange  street  to  Douglas  street. 

Provided,  however,  that  this  waiver  shall  continue  and  be 
in  force  for  such  a  time  only  as  the  City  of  Saint  Paul  shall  not 
grant  or  give  to  any  other  company  or  persons  the  right  to 
use  or  occupy  said  exempted  streets  and  avenues,  or  any  part 
thereof,  for  or  by  a  railway  of  any  description,  either  upon  the 
surface  or  below  or  above  the  surface  of  said  streets  and 
avenues. 

2258.  Sec.  IT.  The  Saint  Paul  City  Railway  Company 
shall  pay  to  the  city  treasurer,  in  advance,  an  annual  license 
of  ten  dollars  ($10)  for  each  and  every  car  used  by  it  on  any  of 
said  lines  of  railway. 

The  said  Saint  Paul  City  Railway  Company  shall  further 
pay  to  the  city  treasurer  of  the  City  of  St.  Paul  on  the  first 
(1st)  Monday  of  February,  1891,  and  on  the  first  (1st)  Mon- 
day of  February  of  each  and  every  year  thereafter  during  the 
continuance  of  this  franchise,  in  consideration  of  the  privileges 
hereby  granted  to  said  company,  a  sum  of  money  equivalent 
to  the  difference  between  the  amount  of  the  general  taxes  pay- 
able in  each  year  by  said  company  upon  property  necessary 
to  the  operation  of  its  lines  of  railway  in  said  city,  not  includ- 
ing in  said  general  taxes  assessments  for  local  improvements, 
and  an  amount  equal  to  three  (3)  per  centum  per  annum  on 
the  gross  earnings  of  said  company  in  each  year  upon  all  its 
lines  of  railway  in  the  City  of  Saint  Paul. 

Provided,  that  this  provision  shall  be  operated  only  during 
such  years  during  the  continuance  of  this  franchise,  when  such 
three  (3)  per  cent  on  the  gross  earnings  shall  exceed  such  gen- 
eral taxes. 

It  shall  be  the  duty  of  said  company,  through  one  of  its 
officers,  to  make  annually  a  duly  verified  statement  of  the  gross 
earnings  of  all  its  lines  of  railway,  beginning  with  the  earnings 


865 

for  the  year  1890,  and  to  file  the  same  with  the  city  treasurer 
on  or  before  the  third  (3d)  Monday  of  January  of  each  and 
every  year,  beginning  with  the  year  1891. 

2259.  Sec.    18.     The   common   council   reserves   and   shall 
sess  the  right  at  any  time,  and  from  time  to  time,  after  Jan. 

1  L892,  to  order  the  construction  and  completion  by  said  Saint 
Paul  City  Railway  Company  of  any  new  railway  upon  any 
and  all  streets  in  the  City  of  St.  Paul,  upon  which  sewers  shall 
have  been  constructed,  and  all  lines  or  extensions  so  ordered 
shall  be  constructed  and  in  operation  within  one  I  1  I  year 
after  such  orders  are  made. 

Provided,  that  when  such  new  lines  or  extensions  are 
constructed  all  the  provisions  of  this  ordinance  shall  apply 
thereto. 

2260.  Sec.  19.  If  said  Saint  Paul  City  Railway  Company 
shall  fail  or  neglect  to  complete,  equip  and  operate  all  of  said 
lines  of  railway  designated  in  section  one  (1)  of  this  ordinance 
within  the  time  and  in  the  manner  herein  specified,  or  shall 
fail  to  comply  with  the  provisions  of  this  ordinance,  then  all 
rights  and  privileges  hereby  granted  shall  be  forfeited  to  the 
said  city  of  Saint  Paul. 

2261.  Sec.  30.  Any  violation  of  this  ordinance  shall  be 
punished  by  a  fine  of  not  less  than  five  dollars  ($5)  and  not 
more  than  one  hundred  dollars  ($100),  to  be  enforced  and  col- 

1  in  the  same  manner  as  Other  fines  and  penalties  are  en- 
forced and  collected  under  the  provisions  of  the  city  charter. 

2262.  Sec.  21.  The  said  Saint  Paul  City  Railway  Com- 
pany, its  successors  and  assigns,  shall  be  liable  I"  said  city  for 
all   damages,  expenditures,   liabilities  and   costs    which    may   be 

incurred  by  said  city  by  reas.m  <>f  the  construction  or  mainte- 
nance of  --'I'd  line-  of  rail  w ay,  or  any  part  thereof,  or  the  opei 
at  ion  thereof,  or  b)  reason  "t"  tin-  rights  hereby  granted  to  said 
company,  and  -aid  company,  its  successors  ami  assigns,  shall 

fully   indemnify    and   save  harmless    -aid   cit\    for  all   such   dam 

.  expenditures,  loss,  and  costs  which  may  be  so  incurred. 

The  Saint    ('aid  City    Railway  Company  shall,  before  the  com 

mencemenl  of  tin-  construction  of  -aid  lines  of  railwa)  execute 

-'  boi ill  to  Hi''  Cit)  of  St .  Paul,  in  the  penal  sum  of  one  hundred 


86G 

thousand  dollars  ($100,0.00),  to  be  approved  by  the  corporation 
attorney  of  said  city,  conditioned  that  the  said  company  will 
Faithfully  observe  and  properly  carry  out  all  the  provisions 
of  this  ordinance,  and  that  it  will  forever  indemnify  and  save 
harmless  the  said  City  of  St.  Paul  against  and  from  all  dam- 
ages, judgments,  decrees,  costs,  and  expenses,  which  it,  the 
said  City  of  St.  Paul,  may  suffer  or  which  may  be  recovered 
against  it  for  or  by  reason  of,  or  growing  out  of,  or  in  any 
manner  resulting  from  the  passage  of  this  ordinance,  or  any- 
thing connected  therewith,  or  with  the  exercise  by  said  com- 
pany of  the  rights,  powers  and  privileges  hereby  granted  and 
conferred,  or  from  any  act  or  acts  of  the  said  company  under 
or  by  virtue  of  the  provisions  hereof. 

2263.  Sec.  22.  If  said  Saint  Paul  City  Railway  Company 
desires  to  build,  equip,  and  operate  said  lines  of  railway  in  ac- 
cordance with  the  provisions  of  this  ordinance,  it  shall  file  with 
the  city  clerk,  within  thirty  (30)  days  after  the  passage  and 
publication  of  this  ordinance,  its  written  acceptance  under  its 
seal  of  the  terms  and  provisions  of  this  ordinance,  and  shall 
also  within  said^time  execute  to  the  city  and  deliver  to  the  city 
comptroller  its  bond  in  the  sum  of  two  hundred  thousand  dol- 
lars ($200,000),  to  be  approved  by  the  corporation  attorney  of 
said  City  of  St.  Paul,  conditioned  that  if  it  shall  fail  or  neglect 
to  complete  the  construction  of  all  of  said  lines  of  railway, 
and  to  have  the  same  equipped  and  in  operation  in  accordance 
with  the  provisions  of  this  ordinance,  and  within  the  time  here- 
in specified,  then  it  shall  forfeit  and  pay  unto  the  City  of  St. 
Paul  the  sum  of  one  hundred  thousand  dollars  ($100,000)  as 
liquidated  damages. 

2261  Sec.  23.  The  said  Saint  Paul  City  Railway  Com- 
pany, its  successors  and  assigns,  shall  be  entitled  to  enjoy  the 
rights  and  privileges  hereby  granted  for  the  term  of  fifty  (50) 
years  after  the  passage  and  publication  of  this  ordinance. 

2285.  Sec.  2-i.  Nothing  in  this  ordinance  contained  shall 
have  the  effect  of  taking  away  or  abridging  any  franchises, 
rights,  powers  and  privileges  granted  to  said  company  by  any 
other  ordinance  or  other  authority,  whether  as  respects  the 
rights   to   construct  or   maintain   any   railway   or  operate   the 


867 

same,  or  the  power  to  be  used  in  operating  the  same,  or  other- 
wise as  may  be  prescribed  by  such  other  ordinance  or  au- 
thority, except  as  to  the  streets  hereinbefore  mentioned  in 
section  sixteen  (16)  of  this  ordinance. 

2266.  Sec.  25.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  publication  and  its  acceptance  by  said 
Saint  Paul  City  Railway  Company  in  the  manner  and  within 
the  time  provided  in  section  twenty-two  |  32  i  of  this  ordinance. 

NORTH     ST.     PAUL     RAILROAD     COMPANY— CON- 
STRUCT STREET  RAILWAY  LINES. 

Ordinance  No.  1246. 

(Approved  October  16,  1889.) 

2267.  An  Ordinance  granting  permission  and  authority  to 

the  North  St.  Paul  Railroad  Company  to  construct, 
operate,  and  maintain  street  railway  lines  from  the 
east  end  of  the  cable  line  on  East  Seventh  street 
along  certain  streets  in  the  City  of  St.  Paul,  in  the 
direction  of  North  St.  Paul. 

The  Common   Council  of  the  City  of   St.    Paul  i\o  ordain   as 

follows: 

Sec.  I.  There  is  hereby  granted  to  the  North  St.  Paul 
Railroad  Company,  its  successors,  or  assigns,  for  the  period  or 
term  of  fifty  I  50  I  years  from  the  date  or  time  of  the  passage 
of  this  ordinance,  the  authority,  righl  and  privilege  to  build, 
equip,  maintain  and  operate  streel  railway  lines,  with  single 
or  double  tracks,  with  all  necessary  side  tracks  and  switches, 
pole-,  wire-,,  conduits  and  appliances,  commencing  at  or  about 
the  easternmost  end  of  the  constructed  cable  line  on  Easl  Se\ 
entli  street,  in  the  City  of  St.  Paul;  thence  extending  on  said 
Easl  Seventh  streel  eastward  to  a  point  at  or  near  Hazel 
avenue;  then  iding  northward  by  a  connecting  line  into 

said  Hazel  avenue;  thence  northward  in  the  direction  of  North 
St.  Paul;  on  said  Hazel  avenue,  extended  across  the  righl  ol 
way  as  at  presenl  located  and  in  use  by  the  Chicago,  St.  Paul, 
Minneapolis  *v  (  >maha  Railway  Company  to  some  point  north 
of  said  right  of  way  of  said  last  named  railway  company,  and 


868 

to  make  the  needful  crossings  with  said  street  railway  lines  or 
tracks  upon  any  intermediate  or  intersecting  street  or  streets 
01  alleys. 

2268.  Sec.  2.  The  said  line  of  street  railway  hereby  au- 
thorized may  be  operated  by  electric,  pneumatic  or  gas  power, 
or  by  using  steam  as  a  motive  power,  where  the  motor  emits 

:i  and  smoke  only  in  a  noiseless  manner,  and  to  a  scarcely 
perceptible  degree;  provided,  that  such  steam  motor  shall  not 
be  used  on  said  line  or  lines  for  a  longer  period  than  fifteen 
i  15)  years  from  the  date  of  the  passage  of  this  ordinance  with- 
out the  express  permission  of  the  common  council  of  said 
city,  and  provided  that  no  power  shall  be  employed  on  said 
line  or  lines,  or  any  part  thereof,  which  shall  be  a  public  or  a 
private  nuisance,  or  shall  constitute  an  additional  servitude  to 
the  property  on  said  streets  or  elsewhere ; 

Provided,  that  in  the  operation  of  the  plants,  to  be  erected 
for  the  purpose  aforesaid,  no  bituminous  coal  shall  be  used 
unless  the  permission  of  the  common  council  is  first  obtained. 

2269.  Sec.  3.  All  poles  erected  under  this  ordinance  shall 
be  of  such  size,  style,  height,  and  material,  and  shall  be  placed 
at  such  points  on  the  margin  of  the  street  side  of  the  sidewalks 
or  boulevards,  and  such  distances  apart  between  the  centers, 
as  shall  be  designated  by  the  city  engineer,  and  shall  be  erected 
and  said  wires  strung  thereon  under  the  supervision  and  sub- 
ject to  the  inspection  and  control  of  the  city  engineer.  Plans 
of  such  poles,  wires  and  appliances  shall  be  submitted  to  the 
city  engineer,  and  shall  be  approved  by  him  by  written  cer- 
tificate before  the  same  are  erected.  Said  poles,  wires,  appli- 
ances, and  structures  shall  be  built  upon  the  most  approved 
method,  so  as  to  interfere  as  little  as  practicable  with  all  other 
public  uses  of  said  streets,  and  both  material  and  workmanship 
shall  be  the  best  of  their  class  and  kind. 

2270.  Sec.  4.  The  coaches  and  cars  used  on  said  lines  shall 
be  of  the  best  modern  style  and  construction,  suitable  for  the 
safety  and  convenience  and  comfort  of  the  passengers,  and 
shall  be  comfortably  heated  during  the  winter  months,  and 
whenever  necessary  at  any  season,  and  shall  be  properly 
lighted  and  ventilated,  and  shall  have  painted  on  conspicuous 


869 

pans  thereof,  on  sign  boards  placed  thereon,   in  large,  plain 

letters,    so    that    the    same    may    be    readily    seen    and  read 

by  day  and  night,  the  route  or  streets  over  which  the  same 
are  operated. 

2271.  Sec.  5.  The  North  St.  Paul  Railroad  Company,  its 
successors  or  assigns  in  interest,  shall,  from  the  time  of  the 
completion  and  .the  commencement  of  the  operation  of  any  of 
said  lines,  operate  the  same  during  such  hours  of  each  day, 
and  cause  the  cars  to  be  operated  on  each  of  said  lines  with 
such  frequency  as  shall  reasonably  accommodate  the  traveling 
public  along  said  lines; 

Provided,  that  in  case  of  the  interposition  of  any  insur- 
mountable obstacle,  the  running  of  cars  may  be  suspended  for 
such  time  as  shall  be  absolutely  required  to  overcome  the 
same. 

The  Common  Council  may  regulate  the  speed  for  run- 
ning said  cars  so  far  as  to  conform  to  the  speed  generally  per- 
mitted for  similar  cars  in  other  cities. 

2272.  Sec.  6.  The  said  lines  of  railway  are  to  be  construct- 
ed and  operated  as  herein  provided  on  the  established  grade  oi 
said  streets,  or  on  that  which  shall  be  established  1>\  the  City 
of  St.   Paul  as  the  grade  of  said  streets. 

Tlie  North  St.  Paul  Railroad  Company,  its  assigns  or  suc- 
ors  in  interest,  shall  raise  or  lower  the  tracks,  posts,  struc- 
tures and  appliances  to  conform  to  any  changes  that  may  be 
made  in  the  grade  of  an)   of  said  streets,  at  its  own  cosl  and 
ense,  whenever    said     streets  are  actually  ordered    to    be 
graded  to  such  changes  and  it  is  ordered  to  do  so. 

2273.  Sec.  *..     Tin-  track  of  said  railway  lines  shall  not  be 
ated  above  tin-  surface  of  the  street,  and  shall  be  laid  with 

such  rail-  as  -hall  be  approved  or  ordered  1>>     the    common 
council,  on   or  as   near  as  practicable   to   the   center  "t    -aid 
streets,  and  shad  be  so  laid  that   carriages  and   vehicles  can 
easily  and  freely  cross  -aid  sirrHs  at  an\  and  all  points  there 
of  with  the  leasl  obstructs  m  possible. 

Provided,  thai  no  track,  or  pan  of  a  track,  shall  be  oper 
ated  before  the  same  shall  have  been  inspected  and  approved 
by  the  common  council  of  said  city  after  written  notice  of  its 
complete  in. 


870 

2274.  Sec.  8.     The   North  St.   Paul  Railroad  Company,  its 
jns,  or  successors  in  interest,  shall  at  all  times  keep  so 

much  of  the  streets  occupied  by  said  lines  of  railway  as  may 
lie  between  the  rails  of  each  track,  and  between  the  lines  of 
double  track,  and  for  a  space  of  two  (2)  feet  outside  of  the 
track  or  tracks  cleaned  and  in  good  repair,  and  shall  cause  the 
snow  to  be  removed  so  as  to  afford  a  safe  and  unobstructed 
geway  for  sleighs  and  wagons,  within  twenty-four  (24) 
hours  of  the  snowfall  in  each  instance,  and  the  repairs  and 
removal  of  the  snow  shall  be  done  to  the  satisfaction  of  the 
common  council,  or  such  person  or  persons  as  may  have 
supervision  of  the  streets  of  the  City  of  St.  Paul,  and  at  the 
cost  and  expense  of  the  North  St.  Paul  Railroad  Company,  its 
assigns,  or  successors  in  interest,  and  in  case  of  any  failure  to 
comply  with  above  provisions,  the  city  engineer  shall  cause 
such  snow  to  be  removed  and  the  track  kept  in  repair  as  afore- 
said, and  the  expense  thereof  shall  be  charged  to  and  collected 
from  the  said  North  St.  Paul  Railroad  Company,  its  succes- 
sors or  assigns  in  interest. 

2275.  Sec.  9.  When  any  new  improvements,  paving,  re- 
pairing, planking,  or  re-planking  (grading  only  excepted)  shall 
be  ordered  by  the  common  council  on  any  of  said  streets,  or 
parts  of  said  streets,  herein  mentioned,  the  North  St.  Paul 
Railroad  Company,  its  assigns,  or  successors  in  interest,  shall, 
in  like  manner,  and  with  the  same  materials,  make  such  im- 
provements, paving,  repairing,  planking  or  replanking  (grad- 
ing only  excepted)  on  such  parts  of  said  streets  as  may  lie  be- 
tween the  rails  of  each  track,  and  between  the  lines  of  double 
tracks,  and  for  a  space  of  two  (2)  feet  outside  the  track  or 
tracks  where  said  new  improvements  aforesaid  may  have  been 
ordered  by  the  common  council  aforesaid ;  and  in  case  the 
North  St.  Paul  Railroad  Company,  its  assigns,  or  successors 
in  interest,  shall,  after  notice  by  the  common  council  of  said 
city,  neglect  to  make  such  new  improvements  as  aforesaid, 
then  the  same  may  be  done  under  the  direction  of  the  City  of 
St.  Paul  at  the  expense  of  said  railroad  company,  and  the 
amount  of  said  expense  shall  be  assessed  by  the  proper  au- 
thorities of  said  city,  upon  like  notice  as  in  other  cases  of  as- 
sessment, and  the  amount  so  assessed  shall  be  chargeable  to 


871 

and  paid  by  the  North  St.  Paul  Railroad  Company,  its  assigns, 
or  successors  in  interest. 

2276.  Sec.  10.  The  running  of  the  cars  on  any  part  of  said 
lines  of  railway,  or  either  of  them,  may  be  suspended  by  the 
common  council  for  such  reasonable  time  as  may  at  any  time 
be  necessary  on  account  of  repairs  of  streets  or  the  construc- 
tion of  sewers  or  other  public  improvement,  and  whenever  it 
may  be  necessary  to  have  any  track  taken  up  for  the  purpose 
aforesaid,  the  same  shall  be  taken  up  and  relaid  at  the  expense 
of  said  North  St.  Paul  Railroad  Company,  its  assigns,  or  suc- 
cessors in  interest. 

The  chief  engineer  of  the  fire  department  of  said  city, 
or  the  person,  who  for  the  time  being  may  be  acting  in  his 
stead,  may  order  a  suspension  of  the  running  of  the  cars  on 
said  lines  of  railway,  or  either  of  them,  as  he  may  deem  it  nec- 
essary during  any  fire. 

In  case  of  fire  or  other  public  necessity  the  proper  officer 
or  officers  of  the  city  may  cut  or  pull  down  any  wires,  poles, 
structures,  or  appliances  used  to  operate  the  cars  on  said 
lines,  or  either  of  them,  and  the  city  or  its  officers  shall  not 
thereby  be  liable  to  said  owners  for  any  loss  or  damage  result- 
ing from  the  cutting  or  pulling  down  thereof,  nor  for  the  costs 
or  expense  of  repairing  or  replacing  the  same. 

2277.  Sec.  11.  All  cars  running  on  said  lines  of  railway 
shall  be  used  only  for  carrying  passengers,  including  ordinary 
baggage,  and  after  sunset,  shall  be  provided  with  signal  lights, 
to  be  maintained  in  such  colors  and  manner  as  the  common 
council  may  direct  or  approve. 

2278.  Sec.  L2.  The  rate  of  fare  for  each  passenger  travel- 
ing '»n  any  of  said  lines  shall  nol  exceed  five  (5)  cents,  includ- 
ing ordinary  baggage. 

Provided,  no  fare  shall  be  required  for  a  child  under  five 
(5)  years  of  age,  while  traveling  under  the  care  of  an  older 
person. 

2279.  Sec.  i:;.     In  all  cases  where  an}  team  or  vehicle  shall 
any  car  on  said  lines  of  railway,  or  either  of  them  or 

shall  be  overtaken  by  any  ear  thereof,  such  team  or  vehicle 

shall  give  way  to  such  car.      No  person  shall   willfully    and  un 


8 : 2 

necessarilj  obstruct,  hinder,  delay  or  interfere  with  the  pass- 
age of  any  of  the  cars  on  either  of  said  lines  of  railway  or 
tracks  by  placing,  driving,  or  stopping,  or  causing  to  be 
placed,  or  driven,  or  stopped,  any  team,  vehicle,  or  obstacle,  or 
thing  in.  upon,  across,  along"  or  near  the  track  or  either  of  said 
lines  of  railway  after  being  notified  by  the  conductor  or  person 
in  charge  of  a  car  thereon  by  the  ringing  of  the  car  bell  or 
Otherwise.  And  whoever  shall  violate  any  of  the  provisions 
e>(*  this  section  shall,  upon  conviction  thereof  before  the  muni- 
cipal court  of  said  city,  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars  ($100)  nor  less  than  five  dollars  ($5). 

2280.  Sec.  14.  The  North  St.  Paul  Railroad  Company,  its 
assigns,  or  successors  in  interest,  shall  pay  to  the  city  treas- 
urer, in  advance,  an  annual  license  of  ten  dollars  ($10)  for  each 
and  every  car  used  by  it  on  any  of  said  lines  of  railway. 

2281.  Sec.  15.  If  the  Xorth  St.  Paul  Railroad  Company, 
its  assigns,  or  successors  in  interest,  shall  fail  or  neglect  to 
complete,  equip,  and  operate  the  lines  of  railway  designated 
in  section  one  (1)  of  this  ordinance  within  one  (1)  year  from 
the  time  when  said  ordinance  shall  have  taken  effect,  then  all 
rights  and  privileges  hereby  granted  shall  be  forfeited  to  the 
said  City  of  St.  Paul. 

2282.  Sec.  16.  Any  violation  of  this  ordinance  shall  be 
punished  by  a  fine  of  not  less  than  fifty  dollars  ($50)  and  not 
more  than  one  hundred  dollars  ($100),  to  be  enforced  and 
collected  under  the  provisions  of  the  city  charter. 

Sec.  17.  The  said  the  Xorth  St.  Paul  Railroad  Company, 
ssigns,  <»r  successors  in  interest,  shall  be  liable  to  said  city 
for  all  damages,  expenditures,  liabilities  and  costs  which  may 
be  incurred  by  said  city  by  reason  of  the  construction  and 
maintenance  of  said  line  of  railway,  or  any  part  thereof,  or 
the  operation  thereof,  or  by  reason  of  the  rights  hereby  granted 
to  said  company  ;  and  said  company,  its  assigns,  or  successors 
in  interest,  shall  fully  indemnify  and  save  harmless  said  city 
for  all  damages,  expenditures,  loss  and  costs  which  may  be  so 
incurred.  The  Xorth  St.  Paul  Railroad  Company,  its  assigns, 
-uccessors  in  interest,  shall,  before  the  commencement  of 
the  construction  of  said  lines  of  railwav,  execute  a  bond  to 


873 

the  City  of  St.  Paul  in  the  penal  sum  of  fifty  thousand  dollars 
$50,000),  to  he  approved  by  the  corporation  attorney  of  said 
city,  conditioned  that  the  said  company  will  faithfully  observe 
and  properly  carry  out  all  the  provisions  of  this  ordinance,  and 
that  it  will  forever  indemnify  and  save  harmless  the  said  City 
of  St.  Paul  against  and  from  all  damages,  judgments,  decrees, 
costs,  and  expenses  which  it,  the  said  City  of  St.  Paul,  may 
suffer,  or  which  may  be  recovered  against  it  For,  or  1>\  reason 
of.  or  growing  out  of, 'or  in  any  manner  resulting  from  the 
passage  of  this  ordinance,  or  anything  connected  therewith,  or 
with  the  exercise  by  said  company  of  the  rights,  powers  and 
privileges  hereby  granted  and  conferred,  or  from  any  act  or 
acts  of  the  said  company  under  or  hy  virtue  of  the  provisions 
hereof. 

Sec.  18.  This  ordinance  shall  take  effect  upon  the  North 
St.  Paul  Railroad  Company  filing  with  the  city  clerk  of  said 
city  it>  written  acceptance  of  said  ordinance,  signed  by  it. 
within  thirty  (30)  days  after  the  publication  of  said  ordinance. 

CONFIRMING  ORDINANCE  1202. 

Ordinance  No.  1270. 

(Approved  December   I.  L889.  I 

2283.  An  Ordinance  confirming  Ordinance  No.  1202,  en- 
titled "An  ordinance  granting  permission  to  John 
Ireland  and  Thomas  Cochran,  Jr.,  to  construct, 
equip,  maintain,  and  operate  certain  experimental 
electric  street  railway  lines,"  approved  Aug.  30, 
1889,  and  the  acceptance  of  the  said  John  Ireland 
and  Thomas  Cochran,  Jr.,  thereof. 

The  Common   Council  of  the  City  of  St.   Paul  do  ordain  as 

follows  : 

Sec.  I.     Whereas,  there  is  ;i  question  whether  the  accept- 
ance of  John   Ireland  and  Thomas  Cochran,  jr..  of  the  ordi 
ranee  «.i   said  city,  number  twelve  hundred  ami   two   (1! 

entitled    "An    ordinance    granting    permission    1"   John    Ireland 
and    Thomas   Cochran,   Jr.,    to   construct,   equip,    maintain,    and 

opei-ate  cei-tain  experimental  electric  streel  railway  lines."  ap 
proved   \im.  30,  L889,  ha-  been  filed  with  the  clerk  of  said  city 


874 

within  the  time  therein  prescribed;  now  the  said  ordinance 
number  twelve  hundred  and  two  (1202),  together  with1  the  said 
acceptance  of  the  said  John  Ireland  and  Thomas  Cochran,  Jr., 
thereof,  is  hereby  in  all  things  fully  ratified  and  confirmed  and 
declared  to  he  in  full  force  and  effect,  and  all  the  provisions  of 
said  ordinance  are  hereby  re-enacted,  except  that  no  further 
acceptance  by  the  said  John  Ireland  and  Thomas  Cochran,  Jr., 
hereof  or  of  said  ordinance  number  twelve  hundred  and  two 
(120?)  is  required. 

Sec.  2.     This  ordinance  shall  take  effect  from  and  after 
its  publication. 


T  RAIL  ON  UNIVERSITY  AVENUE,  FROM  VICTORIA 
STREET  TO  WEST  CITY  LIMITS- 
BOULEVARD,  ETC. 

Ordinance  No.  1313. 

(Approved   March  24,   1890.) 

2284.  An  Ordinance  authorizing  the  St.  Paul  City  Railway 
Company  to  lay  and  use  a  T  rail  on  University 
avenue,  from  Victoria  street  to  the  west  city  limits, 
in  the  operation  of  its  said  railway  lines  on  Univer- 
sity avenue. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 
Sec.  1.  That  the  St.  Paul  City  Railway  Company  is  hereby 
authorized  to  layand  use  a  T  rail  (so-called), of  not  less  weight 
than  forty-five  (45)  pounds  to  the  yard,  on  University  avenue, 
from  Victoria  street  to  the  west  city  limits  in  the  City  of  St. 
Paul  except  on  the  bridge  and  approaches  over  and  across  the 
right  of  way  of  the  Minnesota  Transfer  Company,  in  the  oper- 
ation of  its  line  of  street  railway  on  said  University  avenue 
between  said  Victoria  street  and  the  west  city  limits,  as  pro- 
vided  in  that  certain  ordinance  of  the  City  of  St.  Paul,  entitled 
"An  ordinance  authorizing  the  St.  Paul  Railway  Company  to 
construct,  equip,  maintain  and  operate  street  railway  lines  in 
the  City  of  St.  Paul,"  approved  Sept.  20,  1889,  and  as  herein- 
after provided,  namely: 


8 ;  5 

First — That  the  right  to  lay  and  use  the  T  rail  on  said 
University  avenue  as  aforesaid  shall  continue  for  the  period 
of  ten  i  lni  years  from  the  taking  effect  of  this  ordinance  as 
hereinafter  provided,  and  that  at  the  expiration  of  ten  (10) 
years,  or  at  any  time  thereafter  then  ordered  by  the  common 
council,  the  said  St.  Paul  City  Railway  Company  will  remove 
from  said  University  avenue  the  T  rails  laid  thereon  under  this 
ordinance,  and  put  in  place  thereof  and  thereafter  use  on  said 
avenue  the  <  >.  G.  rails  (so-called),  as  provided  by  section 
eight  (8)  of  said  ordinance,  approved  Sept.  20,  1889,  or  such 
other  rails  as  shall  be  hereafter  approved  by  the  common 
council  of  said  city. 

Second — That  said  railway  company  shall  boulevard  a 
space  twenty-five  (25)  feet  in  width,  the  center  line  of  which 
space  shall  be  the  center  line  of  University  avenue,  and  shall 
sod  said  space  on  the  outside  of  and  between  the  tracks  of  said 
company,  and  shall  for  such  time  as  common  council  permits 
the  boulevard,  maintain  and  keep  the  same  in  good  condition 
the  same  as  other  parks  are  kept,  and  shall  plank  all  the  street 
crossing's  of  said  University  avenue  in  a  proper  manner,  at 
the  time  of  the  laying  of  the  tracks  thereon,  and  shall  there- 
after keep  the  said  crossings  in  good  condition  for  the  cross- 
ing and  re-crossing  of  ordinary  vehicles. 

Third — Whenever  it  is  deemed  necessary  by  the  common 
council  of  the  City  of  St.  Paul  to  pave  and  otherwise  improve 
the  said  University  avenue  the  said  company  shall  pul  in 
granite  curbing  on  the  outer  lines  of  said  boulevard,  ami  shall 
pave  said  street  crossings  with  the  same  kind  of  pavement 
used  in  the  pavement  of  said  avenue,  and  shall  thereafter  keep 
the  same  in  as  good  condition  as  the  rest  of  said  avenue  shall 

be. 

2285.  See.  2.  When  said  boulevard  shall  have  been  con 
structed  as  herein  provided,  it  shall  he  unlawful  for  anj  pei 
sen  or  persons  nol  engaged  in  tli«-  maintenam  ol  said  boule 
vard  ami  railroad,  t<>  ride,  drive  or  walk  over  -.ml  boulevard 
in  such  manner  as  to  interfere  with  the  keeping  of  ill''  same 
ii  proper  condition,  and  the  same  rules  governing  the  pro 
tection  of  other  boulevards  and  parks  in  said  cit)  shall  be  ap 
plicable  to  same. 


876 

2286.  Sec.  '■'<■  Before  this  ordinance  shall  be  of  any  force  or 
effect  the  said  company  shall  accept  the  same  by  filing-  with  the 
city  clerk  of  said  city  its  written  acceptance  thereof,  agreeing 

.irr\   out  all  the  matter  and  things  herein  contained. 

2287.  Sec.  I.  If  said  company  shall  fail  to  comply  with  the 
provisions  of  this  ordinance  then  all  rights  acquired  hereunder 
shall  be  forfeited. 

Sec.  5.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  publication  and  acceptance  by  said  com- 
pany as  provided  in  section  three  (3)  of  this  ordinance. 

LOOP— SUPPLEMENTAL  TO  ORDINANCE  1227. 

Ordinance  No.  1339. 

(Approved  May  21,  1890.) 

2288.  An   Ordinance  supplemental  to  ordinance  No.   1227, 

entitled  "An  ordinance  authorizing  the  St.  Paul 
City  Railway  Company  to  construct,  equip,  main- 
tain and  operate  street  railway  lines  in  the  City  of 
St.  Paul,"  approved  September  20,  1889. 

The  Common  Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  There  is  hereby  granted  to  the  St.  Paul  City 
Railway  Company,  its  successors  and  assigns,  the  authority, 
right,  and  privilege  to  build,  equip,  maintain  and  operate  a  line 
of  street  railway  with  single  track  on  Eighth  street  in  the  City 
of  St.  Paul,  from  Robert  street  to  Wabasha  street,  with  any 
necessary  switches,  poles,  wires,  conduits  and  appliances  over 
and  along  said  part  of  said  Eighth  street  as  provided  in  said 
ordinance  number  twelve  hundred  and  twenty-seven    (1227). 

To  be  used  by  the  said  St.  Paul  City  Railway  Company 
in  the  operation  of  its  system  of  street  railway  lines,  as  a 
'"loop"  upon  which  all  of  the  cars  of  said  company  entering 
that  portion  of  the  City  of  St.  Paul  shall  be  run,  excepting 
under  circumstances  which  should  render  running  thereon  im- 
practicable and  excepting  in  the  case  of  cable  lines. 

2289.  Sec.  2.     Said  ordinance  number  twelve  hundred  and 
twenty-seven  (1227)  shall  apply  to  said  line  of  said  railway  in 


this  ordinance  specified,  and  said  St.  Paid  City  Railway  Com- 
pany shall,  with  respect  to  the  construction,  equipping,  main- 
taining and  operating  said  lines  be  entitled  to  like  powers, 
rights  and  privileges  as  are  provided  in  said  ordinance  number 
twelve  hundred  and  twenty-seven  (1221  ).  and  be  subject  to 
the  limitations,  conditions  and  provisions  of  said  ordinance 
twelve  hundred  and  twenty-seven  (1227),  except  as  herein 
otherwise  provided  or  necessarily  inapplicable. 

2290.  Sec.  3.  The  said  line  herein  provided  shall  be  com- 
pleted and  equipped  on  or  before  the  first  day  of  November, 
1890. 

Sec.  1.  This  ordinance  shall  take  effect  from  and  after  its 
publication  and  its  acceptance  by  said  St.  Paul  City  Railway 
Company  in  writing,  executed  by  its  president  or  vice  presi- 
dent and  tiled  with  the  clerk  of  said  city  within  thirty  (30) 
days  after  the  publication  of  said  ordinance. 

SUPPLEMENTAL  TO  ORDINANCE  1227. 

Ordinance  No.  1430. 

(  Appr<  >\  cd  X'  tvember  2 .  1890. ) 

2291.  An  Ordinance  supplemental  to  Ordinance  No.  1227, 

entitled  "An  ordinance  authorizing  the  St.  Paul 
City  Railway  Company  to  construct,  equip,  main- 
tain and  operate  street  railway  lines"  in  the  City 
of  St.  Paul,  approved  Sept.  20,  1889. 

The  Common   Council  of  the  City  of  St.    Paul  do  ordain  as 

foil)  >WS  : 

Sec.  l.  There  is  hereby  granted  and  allowed  to  the  St. 
Paul  City  Railway  Company  an  extension  of  time  until  the 
fir>t  day  of  March,  L891,  to  complete,  equip  and  operate  any 
line  or  lines  of  streel  railwa) .  which  b)  the  terms  of  said  ordi- 
nance number  twelve  hundred  and  twent)  seven  (1227),  of 
said  city,  approved  Sept.  20,  L889,  entitled  "An  ordinance  au 
thorizing  the  St.   Paul  City   Railway   Company   to  construct, 

p,  maintain,  and  operate  streel  railway  lines  in  the  Cil 
St.  Paul,"  were  to  be  completed  and  in  operation  on  or  before 
Nov.  1.  L890,  or  prior  to  thai  time;  provided,  thai  the  CJniver 


878 

sity  avenue  line,  so-called,  firsl  designated  in  said  ordinance 
number  twelve  hundred  and  twenty-seven  (122<  )  shall  be 
completed  and  in  operation  on  or  before  the  fifteenth  day  of 
December,  L890 j  and  provided  further,  that  if  the  said  com- 
pany .shall  fail  or  neglect  to  complete,  equip,  and  operate  all 
of  said  lines  of  railway  in  this  section  designated,  within  the 
said  extended  time  herein  specified,  the  forfeiture,  penalty 
and  provisions  of  sections  nineteen  (10)  and  twenty-two  (22) 
of  said  ordinance  number  twelve  hundred  and  twenty-seven 
L22"3  I  shall  apply  and  be  in  full  force  with  the  same  effect 
as  if  the  said  extended  time  herein  specified  had  been  specified 
originally  in  said  ordinance  number  twelve  hundred  and  twen- 
ty-seven (1227)  for  the  completion  and  operation  of  said  lines; 
provided,  further,  that  this  ordinance  shall  not  be  construed 
and  is  not  intended  to  waive  the  right  of  said  city  to  declare 
and  enforce  the  forfeiture  of  said  franchise  and  the  collection 
of  the  amount  due  on  said  bond,  in  case  said  company  shall 
fail  to  comply  with  all  other  provisions  of  said  ordinance  in 
the  manner  and  at  the  times  herein  provided. 

2292.  Sec.  2.  This  ordinance  shall  take  effect  from  and 
after  its  publication,  and  from  and  after  the  written  acceptance 
oc  said  company  signed  by  the  president,  vice  president,  or  sec- 
retary thereof,  and  filed  with  the  city  clerk  within  twenty  (20) 
days  after  the  publication  of  said  ordinance. 

UNDERGROUND    CONDUITS,    WIRES,    POLES,    ETC. 
Ordinance  No.  1502. 

(Approved  May  7,  1891.) 

2293.  An  Ordinance  relative  to  the  St.  Paul  City  Railway 

Company. 

The   Common    Council  of  the  City  of  St.   Paul   do  ordain  as 
follows : 

1.  There  is  hereby  granted  to  the  St.  Paul  City 
Railway  Company  the  authority,  right,  and  privilege  of  con- 
structing, maintaining  and  operating  underground  conduits 
and  underground  wires,  and  also  poles  and  needful  wires  and 
apparatus  connected  therewith  so  as  to  make  and  perfect  need- 


ST9 

ful  connections  of  said  company  with  any  of  its  electric  power 
houses  or  stations,  and  for  the  purpose  of  more  fully  perfect- 
ing its  system  upon  and  in  the  following  streets  and  parts  of 
streets  of  the  City  of  St.  Paul,  viz. :  On  Chestnut  street,  from 
West  Seventh  street  to  Washington  street;  on  Washington 
street,  from  Chestnut  street  to  Third  street;  on  Third  street, 
from  Washington  street  to  Wabasha  street;  on  Fillmore  ave- 
nue, from  Wabasha  street  to  Robert  street ;  on  Delos  street, 
from  Dakota  avenue  to  Robert  street;  on  Hill  street,  from 
Ontario  street  to  Third  street;  on  Collins  street,  from  Burr 
street  to  Bedford  street;  on  Bedford  street,  from  Collins  street 
to  North  street;  on  North  street  from  Bedford  street  to  Maria 
avenue;  on  Maryland  avenue,  from  Greenbrier  street  to  Rice 
street;  on  Asbury  avenue  from  University  avenue  to  Minne- 
haha street ;  and  on  Fairview  avenue,  from  Grand  avenue  to 
Selby  avenue.  And  upon  any  street  or  streets  upon  which 
said  company  may  now  or  hereafter  have  its  rails  or  tracks  of 
street  railway;  provided,  that  the  right  and  privilege  hereby 
granted  shall  be  limited  in  time  to  the  period  prescribed  by 
section  twenty-three  (23)  of  ordinance  number  twelve  hun- 
dred and  twenty-seven  i  L221  )  of  said  city,  approved  Sept.  20, 
L889,  entitled  "An  Ordinance  authorizing  the  St.  Paul  City 
Railway  Company  to  construct,  equip,  maintain  and  operate 
street  railway  lines  in  the  City  of  St.  Paul,"  and  that  all  such 
poles,  conduits,  wires  and  apparatus  shall  be  as  prescribed  by 
said  ordinance  number  twelve  hundred  and  twenty  seven 
i  L221  l,  and  oilier  existing  ordinances  of  said  city  applicable 
thereto,  and  that  in  operating  any  of  said  tracks  or  lines  here 
in  provided  with  any  of  the  powers  provided  for  b)  section 
t  wo  (2)  of  said  ordinance  number  twelve  hundred  and  twenty 
seven  (1227),  the  righl  and  privilege  hereb)  granted  shall  be 
subjeel  to  the  provisions,  regulations  and  conditions  of  said 
Irsl  mentioned  ordinance,  so  far  as  the)  ma)  be  practicable 
in  supplying  i  he  same  hereti  i 

Sec.  2.     This  ordinance  shall  take  effect  and  be  in 
from  and  after  its  publication,  and  its  acceptance  in   writing 
by  said  St.  Paul  City  Railway  Company,  executed 
dent  or  vice  president,  and  filed  with  the  city  clerk  of  said  city 
within  thirty  (30)  days  from  the  publication  of  this  ordinance. 


880 

SUPPLEMENTAL  TO  ORDINANCE  1227. 

Ordinance  No.  1509. 

I  Appri  tved  June  12,  1891.) 

2294.  An  Ordinance  supplemental  to  "An  ordinance  au- 
thorizing the  St.  Paul  City  Railway  Company  to 
construct,  equip,  maintain  and  operate  street  rail- 
way lines  in  the  City  of  St.  Paul,"  approved  Sept. 
29  [sic],  1889,  No.  1227. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 

follows : 

Sec.  1.  "Whereas  section  one  (1)  of  said  ordinance  num- 
ber twelve  hundred  and  twenty-seven  (1227)  provides  among" 
other  things  for  a  certain  line  of  railway  which  may  be  oper- 
ated by  the  powers  therein  provided,  to-wit :  "Another  line 
commencing  at  the  intersection  of  Jackson  street  and  Fifth 
street ;  thence  on  Jackson  street  to  Fairview  street,  at  its  in- 
tersection with  University  avenue,  east ;  thence  on  Fairview 
street  to  the  intersection  of  the  north  line  of  Pennsylvania 
avenue  with  Jackson  street ;  thence  on  Jackson  street  to  Syca- 
more street;  thence  on  Sycamore  street  to  Courtland  street; 
thence  on  Courtland  street  to  Maryland  street." 

And  whereas,  it  is  deemed  expedient  to  allowr  the  said 
St.  Paul  City  Railway  Company  to  modify  part  of  the  location 
the  foregoing  line  of  railway  as  hereinafter  provided. 

The  St.  Paul  City  Railway  Company  aforesaid  is  hereby 
empowered  to  modify  or  change  the  following  part  of  the  loca- 
tion of  said  line,  viz :  "Thence  on  Jackson  street  to  Sycamore 
street ;  thence  on  Sycamore  street  to  Courtland  street."  So 
that  in  lieu  of  said  part  of  said  line  last  mentioned,  the  same 
may  be  constructed  and  maintained  as  follows :  Thence  on 
Jackson  street  to  Acker  street,  and  thence  on  Acker  street  to 
Courtland  street;  thence  on  Courtland  street  to  Maryland 
street.  Provided,  that  nothing  herein  contained  shall  affect 
the  application  and  operation  of  said  ordinance  twelve  hun- 
dred and  twenty-seven  (1227)  with  respect  to  said  line  as 
modified,  but  that  said  ordinance  number  twelve  hundred  and 
twenty-seven   (1227)   shall  apply  thereto  in  all  respects  as  if 


881 

said  line  as  modified  had  been  originally  set  forth  in  the  said 
ordinance. 

Sec.  2.  This  ordinance  shall  take  effect  from  and  after 
its  publication,  and  a  written  acceptance  of  said  St.  Paul  City 
Railway  Company,  executed  by  its  president  or  vice  president, 
or  secretary,  and  filed  with  the  city  clerk  of  said  city  within 
thirty  (30)  days  after  the  publication  of  said  ordinance. 


SUPPLEMENTAL   TO    ORDINANCE  1227. 

Ordinance  No.  1516. 

(Approved  June  25,  1891.) 

2295.  An  Ordinance  supplemental  to  an  ordinance  No. 
1227,  entitled  "An  ordinance  authorizing  the  St. 
Paul  City  Railway  Company  to  construct,  equip, 
maintain  and  operate  street  railway  lines  in  the 
City  of  St.  Paul,"  approved  Sept.  29  [sic],  1889. 

The  Common  Council  of  the  City  of  St.  Paid  do  ordain   as 

follows : 

Sec.  1.  The  time  of  completion  of  what  is  known  as  the 
Langford  avenue  line  of  street  railway,  as  provided  for  and 
described  in  said  ordinance  number  twelve  hundred  and  twen- 
ty seven  I  L221  I,  as  follows,  viz.,  "thence  on  Langford  avenue 
to  county  road  in  St.  Anthony  Park,"  being  the  section  of 
street  railway  which  by  said  ordinance  was  to  1"-  completed 
by  July  1.  L891,  is  hereby  extended  to  the  firsl  da\  of  August, 
A.  I).  L891,  with  the  same  effeel  a  id  time  of  completion 

lasl  mentioned  had  been  originally  fixed  1>\  said  ordinance  and 
withoul  in  any  way  impairing  the  effeel  of  said  ordinance, 
excepl  as  herein  modified. 

Sec.  2.  This  ordinance  shall  lake  effeel  from  and  after  its 
publication,  and  a  written  acceptance  of  said  St.  Paul  City 
Railway  Company,  executed  by  its  presidenl  or  vice  president 
or  secretary,  and  filed  with  the  city  clerl  d  city  within 

thirty  (30)  days  after  the  publication  of  this  ordinate 


882 

SAND,  SALT,  ICE,  ON  TRACKS  OVER  BRIDGES. 

Ordinance  No.  1644. 

(Approved  November  1!>,  1892.) 

2296.  An  Ordinance  regulating  the  cleaning  of  sand  from 

the  tracks  of  the  St.  Paul  City  Railway  Company 
over  the  bridges  in  the  City  of  St.  Paul. 

The   Common  Council  of  the  City  of  St.   Paul  do  ordain  as 
Ei  'Hi  iws : 

Sec.  1.  That  the  St.  Paul  City  Railway  Company  be,  and 
the  same  is  hereby  prohibited  from  shoveling  or  throwing 
back  onto  the   bridges  within  the   City  of  St.   Paul  that  are 

sed  by  the  tracks  of  the  St.  Paul  City  Railway  Company 
any  sand  or  salt  or  salted  sand  or  ice  that  shall  have  accumu- 
lated on  said  tracks  from  the  placing  of  sand  or  salt  thereon 
t  i  prevent  the  slipping  of  cars;  that  all  such  sand  or  salt- or 
salted  sand  or  ice  shall  be  removed  from  the  bridge  by  the  St. 
Paul  City  Railway  Company,  and  shall  not  be  placed  or 
dumped  upon  any  bridge  or  street  within  the  City  of  St.  Paul. 

2297.  Sec.  2.  That  any  violation  of  this  ordinance  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  dollars  ($25) 
nor  more  than  one  hundred  dollars  ($100). 

Sec.  •'!.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

AMENDING  AND  SUPPLEMENTAL  TO  ORDINANCE 

1227. 

Ordinance  No.  1686. 
(Approved  May  18,  1893.) 

2298.  An    Ordinance  amending    certain    sections  of  Ordi- 

nance No.  1227  of  the  City  of  St.  Paul,  entitled  "An 
ordinance  authorizing  the  St.  Paul  City  Railway 
Company  to  construct,  equip,  maintain  and  operate 
street  railway  lines  in  the  City  of  St.  Paul,"  passed 
Sept.  19,  1889,  and  approved  Sept.  20,  1889. 

The    Common   Council  of  the   City  of  St.   Paul  do  ordain   as 

follows : 

Sec.  1.  That  section  eighteen  (18)  of  ordinance  number 
twelve  hundred  and  twenty-seven    (1227),  entitled  "An   ordi- 


883 

nance  authorizing  the.  St.  Paul  City  Railway  Company  to  con- 
struct, equip,  maintain  and  operate  street  railway  lines  in  the 
City  of  St.  Paul."  approved  Sept.  20,  1889,  be  and  the  same  is 
hereby  amended  by  adding"  thereto  the  following: 

Provided  further,  that  the  common  council  shall  not  or- 
der the  construction  of  any  new  lines  of  railway  or  the  exten- 
sion of  any  present  or  future  lines  of  railway,  or  the  construc- 
tion of  any  horse  car  lines,  between   the  first  day  of  of  May, 

1893,  and  the  first  day  of  September,  L895. 

2299.  Sec.  2.  The  St.  Paul  City  Railway  Company,  its 
successors,  and  assigns,  shall  have  until  the  first  day  of  July. 

1894,  in  which  to  complete  and  operate  that  portion  of  Maria 
avenue  line  on  Earl  street  to  Indian  Mound  Park,  as  described 
Hi  section  one  (1)  of  ordinance  number  twelve  hundred  and 
twenty-seven  I  1221  I,  and  the  said  the  St.  Paul  City  Railway 
Company,  its  successors  and  assigns,  shall  have  until  the  first 
day  of  July,  1894,  in  which  to  complete  and  operate  the  line 
beginning  at  the  intersection  of  Winifred  street  and  Stryker 
avenue  and  running  on  Stryker  avenue  to  Annapolis  street. 
being  the  line  described  in  and  referred  to  in  section  one  i  1  I 

iid  ordinance  number  twelve  hundred  and  twenty-seven 
|  1221  i,  it  being  the  intention  of  the  City  of  St.  Paul  to  granl 
to  the  said  the  St.  Paul  City  Railway  Company,  its  successors 
and  assigns,  until  July  1.  1894,  to  build  said  lasl  two  (2)  named 
lines. 

2300.  Sec.  3.  The  St.  Paul  City  Railway  Company  shall 
change  the  present  so-called  Easl  Seventh  street  cable  line 
to  an  electric  line  and  operate  the  cars  over  said  Easl  Seventh 
Btreet  by  means  of  electric,  pneumatic  or  gas  power,  as  pro 
vided  in  section  two  (2)  of  said  ordinance  number  twelve 
hundred  and  twenty-seven  (1227)  above  referred  to.  When 
such  change  is  made,  what  is  now  known  as  the  \\  esl  Seventh 
Btreel  line,  extending  westerly  from  the  intersection  of  West 

el    and    Wabash;:    stri  .died,   in    the    City    of 

St.  Paul,  shall  be  connected  with  and  made  a  pari  of  the  said 

Se\  eiith    sired    line,    5(  i    that    i  ar-    may    be    1  '|><  1  ■< 

tinuousl)  along  and  over  said  Easl  and  Wesl  Seventh  streets, 
such  change  to  be  made  and  the    aid  line  along  Easl  Seventh 


884 

street  to  be  in  operation  as  an  electric  line  on  or  before  the 
first  day  of  September,  1893;  and  when  such  change  is  made 
.m  said  East  Seventh  street  line,  the  cars  now  operated  on  the 
Maria  avenue  lines,  so-called,  shall  be  run  down  into  the  city, 
and  operated  on  East  Seventh  street  as  far  west  as  Robert 
street. 

2301.  Sec.  4.  The  above  amendments  are  made  upon  the 
express  condition  that  said  the  St.  Paul  City  Railway  Com- 
pany, its  successors  and  assigns,  shall  proceed  to  construct 
and  operate  a  double  track  line  of  railway  in  the  City  of  St. 
Paul  beginning  at  the  intersection  of  Rice  street  and  Como 
avenue  ;  thence  along  Como  avenue  to  the  intersection  of  Rice 
street  and  Como  avenue  and  Front  street ;  thence  along  Front 
street  to  the  intersection  of  Chatsworth  and  Front  streets; 
thence  along  Chatsworth  street  to  the  intersection  of  Chats- 
worth  street  and  Van  Slyke  avenue ;  thence  along  Van  Slyke 
avenue  to  Como  Park.  The  cars  operated  over  said  line  shall 
be  run  to  and  from  the  central  portion  of  the  city.  Said  line  to 
be  constructed  in  the  central  portion  of  the  streets  along  the 
route  above  described  and  to  be  completed  and  in  operation 
within  thirty  (30)  days  after  the  sewers  shall  have  been  laid 
and  built  along  Como  avenue  as  far  out  as  the  point  where 
Como  avenue  intersects  the  right  of  way  of  the  Great  North- 
ern Railway  Company. 

Provided,  however,  that  after  said  line  is  so  constructed 
no  sewer  shall  be  built  along  any  portion  of  said  line  from  the 
intersection  of  Como  avenue  and  the  right  of  way  of  the  Great 
Northern  Railway  Company  to  Como  Park  so  as  to  require 
the  taking  up  of  the  tracks  of  said  company,  or  to  interfere 
with  the  operation  of  cars  on  said  line,  prior  to  September, 
1896. 

Provided,  however,  that  in  case  the  City  of  St.  Paul,  or 
it>  authorized  agents,  do  not  begin  the  building  of  the  sewer 
between  the  point  where  the  sewer  now  terminates  on  Como 
avenue  and  the  point  where  the  right  of  way  of  the  Great 
Northern  Railway  Company  crosses  Como  avenue,  on  or  be- 
fore the  first  day  of  June,  189.'],  then  and  in  that  case  the  said 
St.  Paul  City  Railway  Company,  its  successors,  and  assigns, 


885 

shall  proceed  to  construct  the  above  described  line  and  have 
the  same  completed  and  in  operation  on  or  before  the  first  day 
of  July.  189:1.  Provided,  further,  that  in  case  said  City  of 
St.  Paul  shall  fail  to  begin  the  construction  of  the  sewers  above 
provided,  and  the  said  the  St.  Paul  City  Railway  Company, 
its  successors  and  assigns,  constructs  the  said  line  of  railway 
between  the  points  last  above  named,  then,  and  in  that  case 
no  sewer  shall  be  built  between  the  points  last  above  named 
5<  ■  as  to  require  the  taking  up  of  the  tracks  of  said  company, 
or  to  interfere  with  operation  of  cars  on  said  lines,  prior  to 
September,  189G. 

2302.  Sec.  5.  The  St.  Paul  City  Railway  Company,  its 
successors  and  assigns,  shall  extend  its  lines  now  terminating 
at  the  intersection  of  Greenbrier  and  Maryland  streets,  in 
said  city,  as  a  double  track  line,  from  said  point  to  Phalen 
Park,  as  follows:  From  the  intersection  of  Greenbrier  and 
Maryland  streets;  along  said  Maryland  street  to  Earl  street; 
thence  along  Earl  street  to  Lake  Como  and  Phalen  avenue, 
and  shall  run  and  operate  cars  on  said  extension  and  line  to 
Como  and  Phalen  avenue,  and  shall  have  the  same  in  opera- 
tion as  soon  as  the  City  of  St.  Paul  shall  have  acquired,  by 
purchase  or  condemnation,  title  to  real  estate  in  Phalen  Park, 
so-called,  for  a  public  park;  said  extension,  however,  need  not 
be  in  operation  earlier  than  July  I.  L894,  and  said  company 
shall  be  required  to  operate  said  extension  only  between  May 
1st  and  October  1st  of  each  year  prior  lo  Oct.  I.  L897,  after 
which  time  the  City  of  St.  Paul  may  require  the  operation  ol 
cars  "ii  said  extension  during  the  entire  year  1»\  the  said  the 
St.  Paul  City  Railway  Company.  Provided,  however,  that 
after  said  extension  is  built  and  the  track  laid  no  sewer--  shall 
b(  built  along  any  portion  of  said  line  from  the  corner  "I" 
Maryland  and  Greenbrier  avenues  so  as  to  require  the  taking 
up  of  the  tracks  of  the  said  company  or  to  interfere  with  the 
operation  of  cars  on  said  line  prior  to  September,  1898. 

2303.  Sec.  6.  The  St.  Paul  Cit}  Railway  Company,  its 
successors  and  assigns,  shad  extend  the  hue  now  terminal 

at  Dale  street  on  Rondo  street,  from  hale  street  west  on  Ron 
do  streel  to  Miller  street,  or   Vvon  street,  and  operate  the  cars 


886 

running  on  said  line  as  Ear  west  on  Rondo  street  as  Miller 
street  or  Avon  street,  said  extension  to  be  completed  and  in 
operation  within  ninety  (90)  days  after  the  publication  of  this 
ordinance. 

2304.  Sec.  7.  That  upon  the  completion  of  the  lines  of  rail- 
way specified  in  this  ordinance  the  same  shall  be  operated  as 
provided  by  said  ordinance  twelve  hundred  and  twenty-seven 
i  1227  I,  and  all  other  provisions  of  the  said  ordinance  shall 
apply  tn  said  lines  except  as  in  this  ordinance  provided.  All 
of  the  rights  granted  by  this  ordinance,  except  as  herein  other- 
wise provided,  shall  terminate  at  the  same  time  as  the  rights 
granted  by  said  ordinance  twelve  hundred  and  twenty-seven 
( 122?  ).  and  all  duties  and  obligations  assumed  by  the  St.  Paul 
City  Railway  Company  under  the  provisions  of  this  ordinance 
shall  he  performed  by  said  company,  its  successors  and  as- 
signs, until  the  expiration  of  the  right  granted  by  this  ordi- 
nance and  said  ordinance  number  twelve  hundred  and  twenty- 
seven  (  1221  I. 

2305.  Sec.  8.  That  certain  ordinance  passed  by  the  com- 
mon council  of  the  City  of  St.  Paul,  number  sixteen  hundred 
and  thirty-nine  (1639),  entitled  "An  ordinance  requiring  and 
directing  the  St.  Paul  City  Railway  Company  to  build,  equip, 
construct,  maintain  and  operate  new  lines  of  street  railway  in 
the  City  of  St.  Paul.  Minnesota,"  passed  Nov.  2,  1892,  and  ap- 
proved Nov.  K>,  1892,  be  and  the  same  is  hereby  repealed. 

And  that  certain  resolution  adopted  by  the  board  of  alder- 
men Oct.  18,  1892,  and  by  the  assembly  Nov.  2.  1892,  and  ap- 
proved  Nov.   l<>th,  1892,  requiring  the  St.  Paul  City  Railway 

ipany  to  build  and  construct  a  horse  car  line  from  the 
intersection  of  Front  street  and  Como  avenue  to  Chats  worth 
street:  thence  on  Chatsworth  street  to  a  point  forty  "(40)  feet 
north  of  the  quarter  corner  of  McKenty  street,  be  and  the 
same  is  hereby  repealed. 

2306.  Sec.  9.  Before  this  ordinance  shall  be  of  any  force 
or  effect  the  said  the  St.  Paul  City  Railway  Company,  its  >uc- 

■rs  and  assigns,  shall  file  with  the  city  clerk  of  the  City 
of  St.  Paul  a  written  acceptance  thereof,  to  be  approved  by 
the   corporation  attorney,  in   which  acceptance   said  company 


SHI 

shall  agree  to  carry  out  the  terms  and  provisions  of  this  ordi- 
nance and  said  ordinance  number  twelve  hundred  and  twenty- 
seven  I  1221  i  as  hereby  amended.  Said  acceptance  to  be  exe- 
cuted by  the  president  or  vice  president  and  secretary  of  said 
company,  and  its  corporate  seal  to  be  affixed  thereto  and  said 
acceptance  to  be  hied  with  the  city  clerk  within  thirty  (30) 
days  after  the  publication  of  this  ordinance. 

2307.  Sec.  10.  [f  the  said  St.  Paul  City  Railwa}  Com- 
pany, its  successors,  and  assigns,  shall  fail  or  neglect  to  com- 
plete, equip  and  operate  all  of  the  lines  ,,f  railway  designated 
in  this  ordinance,  within  the  time  and  in  the  manner  herein 
specified,  or  shall  fail  to  comply  with  any  of  the  provisions  of 
this  ordinance,  then  all  rights  and  privileges  hereby  -ranted. 
shall  be  forfeited  to  the  City  of  St.  Paul,  and  all  of  the  pro- 
\isions  of  this  ordinance  shall  be  null  and  void  and  have  no 
effect,'  and  upon  the  failure  of  the  St.  Paul  City  Railway 
Company,  its  successors  and  assigns,  to  complete,  equip,  ami 
operate  the  lines  of  railway  designated  in  this  ordinance,  and 
within  the  time  and  manner  herein  specified,  or  upon  the 
failure  of  said  company  to  comply  with  any  of  the  provisions 
of  this  ordinance,  then  and  in  Mich  cast-,  that  certain  ordinance 
of  the  t'it_\  of  St.  Paul  referred  to  in  section  seven  i  i  i  as  ordi 
nance  number  sixteen  hundred  and  thirty-nine  (1639),  also 
thai  certain  resolution  referred  to  in  section  seven  i  !  I,  adopted 
by  the  board  of  aldermen,  Oct.  18,  1892,  and  by  the  assembly 
Nov.  2,  1892,  and  approved  Nov.  10,  1892,  shall  be  and  remain 
in  full  force  the  same  as  though  this  ordinance  had  nol  been 
enacted,  and  in  such  case  this  ordinance  shall  no1  operate  as 
a  repeal  to  said  ordinance  number  sixteen  hundred  and  thirt} 
nine  (1639),  or  of  said  resolution  al  any  time  whatsoever, 

2308.  See.  ii.  This  ordinance  shall  take  effed  and  be  in 
force  from  and  after  its  publication  and  acceptano  a  herein 
provided. 


888 

SUPPLEMENTAL  TO  ORDINANCE  1686. 

Ordinance  No.  1701. 

i  Approved  August  2,  1893.) 

2309.  An  Ordinance  supplemental  to  that  certain  ordinance 
of  the  City  of  St.  Paul  numbered  1686,  entitled  "An 
ordinance  amending  certain  sections  of  ordinance 
numbered  1227  of  the  City  of  St.  Paul,  entitled 
'An  ordinance  authorizing  the  St.  Paul  City  Rail- 
way Company  to  construct,  equip,  maintain  and 
operate  street  railway  lines  in  the  City  of  St. 
Paul,'  "  said  ordinance  having  been  passed  by  the 
assembly  May  15,  1893,  and  by  the  board  of  alder- 
men May  16,  1893,  and  approved  by  the  mayor 
May  18,  1893. 

Whereas,  by  the  terms  and  provisions  of  section  four  (-1) 
of  that  certain  ordinance  of  the  City  of  St.  Paul  numbered  six- 
teen hundred  and  eighty-six  (1686),  passed  by  the  assembly 
May  15,  1893,  and  by  the  board  of  aldermen  May  16,  1893,  be- 
ing an  ordinance  amending  certain  sections  of  ordinance  num- 
bered twelve  hundred  and  twenty-seven  (1227),  of  the  City 
of  St.  Paul,  entitled  "An  ordinance  authorizing  the  St.  Paul 
City  Railway  Company  to  construct,  equip,  maintain  and 
operate  street  railway  lines  in  the  City  of  St.  Paul,"  it  is  or- 
dained, among  other  things,  that  the  St.  Paul  City  Railway 
Company  shall  construct  a  double  track  line  in  the  City  of 
St.  Paul,  between  the  following  points :  Beginning  at  the 
intersection  of  Rice  street  and  Como  avenue;  thence  along 
Como  avenue  to  the  intersection  of  Como  avenue  and  Front 
street ;  thence  along  Front  street  to  the  intersection  of  Chats- 
worth  and  Front  street;  thence  along  Chatsworth  street  to 
the  intersection  of  Chatsworth  street  and  Van  Slyke  avenue; 
thence  along  Van  Slyke  avenue  to  Como  Park;  and,  whereas, 
in  order  to  construct  said  line,  as  required  in  said  ordinance, 
ii  is  necessary  for  the  said  line  to  be  constructed  over  what  is 
known  as  the  Como  avenue  bridge,  which  bridge  crosses  the 
Great  Northern  tracks;  and,  whereas,  it  has  been  made  to 
appear  to  the  common  council  of  the  City  of  St.  Paul  that  the 
said  bridge  is  unsafe  and  unfit  for  the  operating  and  running 


889 

of  heavy  cars  thereon;  and,  whereas,  the  traveling  public  will 
be  greatly  inconvenienced  unless  the  St.  Paul  City  Railway 
Company  shall  operate  the  above-described  line  without 
crossing  the  said  Como  avenue  bridge; 

Now,  therefore,  the  common  council  of  the   City  of   St. 
Paul  do  ordain  as  follows: 

2310.  Sec.  1.  The  St.  Paid  City  Railway  Company,  its 
successors,  and  assigns,  and  it  and  they,  are  hereby  permitted 
and  anthorized  to  lay  their  tracks  over  the  following  de- 
scribed route,  so  as  to  avoid  the  necessity  of  passing  over  said 
bridge,  until  such  time  as  the  new  bridge  shall  have  been 
built  at  said  point  on  Como  avenue  over  the  said  Greajt  North- 
ern tracks:  Beginning  at  the  intersection  of  Como  and  West- 
ern avenues;  thence  along  Western  avenue  to  Atwater  street; 
thence  on  Atwater  street  to  the  intersection  of  Atwater  street 
and  Como  avenue  ;  thence  along  Como  avenue  as  provided  in 
said  ordinance  numbered  sixteen  hundred  and  eighty-six 
i  L686)  :  provided,  however,  that  as  soon  as  said  new  bridge  is 
constructed  and  ready  for  use,  the  said  St.  Paul  City  Railway 
Company,  its  successors  and  assigns,  shall  then  construct  its 
line  from  the  intersection  of  said  Western  avenue  and  Como 
avenue  over  said  bridge  to  the  intersection  of  Atwater  street 
and  said  Como  avenue,  and  operate  its  cars  thereon,  as  re- 
quired in  -aid  section  four  |  h  of  ordinance  numbered  sixteen 

hundred   and  eighty-six    (1686). 

2311.  Sec.  2.     Nothing  contained  in  this  ordinance  shall  in 

any  way  interfere  with  or  impair  an\  of  the  Other  terms,  pro- 
visions or  conditions  of  -aid  ordinance  numbered  sixteen  hun- 
dred ami  eighty-six  (1686),  except  a-  herein  provided;  and' 
tin-  laying  of  the  track-  as  herein  provided  upon  -aid  Western 
avenue  and  said  Atwater  streel  and  the  operation  oi  ear-  over 
tin-  same,  shall  be  deemed  a  compliance  with  the  terms  and 

provisions    of    that     portion    of    said    section      four      I  I)      herein 

changed,  of  said  ordinance  numbered  sixteen  hundred  ami 
eight]  L686),  the  same  as  if  the  tracks  were  laid  along 

said  Como  avenue  a-  provided  in  said  ordinance  numbered 
sixteen  hundred  and  eighty  six  i  L686) ;  provided,  thai  the  said 
St.  Paul  City  Railwa)  Company  shall  lay  its  tracks  and  o 


890 

ate  its  cars  on  Como  avenue,  as  provided  in  said  ordinance 
numbered  sixteen  hundred  and  eighty-six  (1686)  when  the 
new  bridge  shad  have  been  built  on  said  Como  avenue  over 
the  said  Great  Northern  railway  tracks. 

Sec.  3.  This  ordinance  shad  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

BROADWAY   LOOP— AUTHORIZED. 

Ordinance  No.  1902. 

(Approved  January  6,   1897.) 

2312.  An  Ordinance  requiring  and  directing  the  St.  Paul 
City  Railway  Company  to  build  a  line  of  street 
railway  on  Eighth  street,  from  Broadway  street  to 
Robert  street,  and  to  connect  with  the  line  of  rail- 
way on  Broadway  street  and  on  Eighth  street,  at 
Robert  street,  and  to  operate  certain  lines  of  street 
railway  over  the  same  and  other  streets  in  said 
city. 

The   Common   Council  of  the   City  of  St.   Paul  do  ordain   as 

follows: 

Sec.  1.  That  the  St.  Paul  City  Railway  Company  be  and 
i-  hereby  ordered  and  required  to  construct  a  line  of  street 
railway  on  Eighth  street,  from  Broadway  street  to  Robert 
street,  and  to  connect  the  same  at  Broadway  street  with  the 
lines  of  street  railway  now  constructed  on  Broadway  street 
and  to  connect  the  same  at  Eighth  and  Robert  streets  with 
tlie  line  of  street  railway  now  on  Eighth  street,  between  Rob- 
ert street  and  Wabasha  street,  together  with  all  necessary 
switches,  poles,  wires,  conduits  and  appliances  over  and  along 
said  part  of  Eighth  street,  the  same  to  be  used  by  the  St. 
Paul  City  Raihvay  Company,  its  successors  and  assigns,  in 
the  operation  of  this  system  of  street  railway  lines  as  an  ad- 
ditional loop  upon  which  such  portions  of  which  additional 
loop  shall  be  operated  at  all  times  the  cars  forming  the  Inter- 
urban  line  (so-called),  the  Grand  Avenue  line,  the  Como  Ave- 
nue line  and  the  Hamline  line,  so  that  after  the  construction 
and  equipment  of  said  additional  line  the  cars  operated  on  the 


891 

Interurban  line  shall  be  so  operated  that  the  same  shall  run 
from  the  westerly  city  limits  on  University  avenue  and  Waba- 
sha street,  as  now  operated,  to  Fifth  street,  in  said  city  ;  thence 
easterly  on  Fifth  street  to  Broadway  street;  thence  northerly 
on  Broadway  street  to  Eighth  street;  thence  westerly  on 
Eighth  street  to  Wabasha  street;  thence  northerly  on  \\  aha 
sha  street,  and  westerly  on  University  avenue,  as  the  same  are 
now  operated. 

And  the  said  cars  on  Grand  Avenue  line  .shall  be  operated 
from  the  western  terminus  of  said  line  to  Seventh  street,  and 
on  Seventh  street  to  Wabasha  street:  thence  southed}  on 
Wabasha  street,  from  Seventh  street  to  Fifth  street,  as  the 
same  are  now  operated;  thence  easterly  on  Fifth  street  to 
Broadway  street:  thence  northerly  on  Broadway  street  to 
Eighth  street:  thence  westerly  on  Eighth  street  to  Wabasha 
street ;.  thence  on  Wabasha  street  to  Seventh  street,  and  on 
Seventh  street  to  the  western  terminus  of  said  Grand  avenue 
lii'm.  as  the  same  are  now  operated. 

And  the  cai^  on  Como  avenue  line  shall  be  operated  from 
Como  Park  to  Wabasha  street,  and  on  Wabasha  street  to 
Fifth  street,  as  the  same  are  now  operated:  thence  easterlj 
on  Fifth  street  to  Broadway  street:  thence  northerlj  on 
Broadway  street  to  Eighth  street;  thence  westerl)  on  Eighth 
Streel  to  Wabasha  street:  thence  northerly  on  Wabasha  street 
and  to  Como   I 'ark.  as  the  same  are  now   operated. 

And  the  cars  on  Mainline  line  shall  b<    operated  from  the 
western  terminus  of  said  line  to  Wabasha  street,  and  on   W  a 
basha   streel    to   Fifth  street,  as  the  same  are  now   operated; 
thenee  easterl}    ori    Fifth    streel    to    Broadway    street:   thence 
northerl)  on  Broadway  street  to  Eighth  street  ;  thenee  wester 
1_\   on   Eighth  street  to  Wabasha  street;  thence  northerly 
Wabasha  street  and  to  the  western  terminus  of  said  line,  as 
the  same  are  now  i  iperated. 

And  the  said  St.  Paul  City  Railwa)  Companj  be,  ami  is 
hereby  required,  ordered  and  directed  to  build,  equip,  con- 
struct  and  maintain  all  of  tin-   necessary   tracks,  side-tracks, 

switches,  pole-,  wires  and  appliances  SO  that  the  said  Intel 
Urban  line  (so-called),  the  (band  avenue  line  and  the  Mam 
line    line    shall    be    extended    and    operated    over    tin-    streets    as 


892 

hereinabove  specified;  the  same  when  so  extended  to  be  main- 
tained and  operated  under  the  provisions  of  said  ordinance 
\H.    \-^y,.  and  the  ordinances  supplemental  thereto. 

2313.  See.  2.  That  the  City  Clerk  of  the  City  of  St.  Paul  is 
directed  to  serve  a  copy  of  this  ordinance  upon  the  St.  Paul 
City  Railway  Company  immediately  after  the  passage  and 
publication  of  this  ordinance. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

BROADWAY  LOOP— CARS  TO  BE  RUN  ON  THE  LINE 
Ordinance  No.  1925. 

(Approved  May  8,  1897.) 

2314.  An   Ordinance  requiring  and  directing  the  St   Paul 

City  Railway  company  to  make  certain  changes 
in  the  operation  of  certain  of  its  lines  of  street  rail- 
way by  extending  the  Interurban  line,  the  Gomo 
Avenue  line,  as  far  easterly  as  Broadway  street. 

The   Common  Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  the  St.  Paul  City  Railway  Company  be  and 
is  hereby  ordered  and  required  to  make  such  changes  in  the 
operation  of  certain  of  its  lines  of  street  railway  as  herein 
specified,  and  in  so  doing  said  company  shall  operate  the  In- 
terurban line,  so-called,  as  the  same  is  now  operated  from  the 
westerly  terminus  of  said  line  to  Fifth  street  and  Wabasha 
street,  in  said  city,  as  the  same  is  now  operated ;  thence  east- 
erly on  Fifth  street  to  Broadway  street,  thence  northerly  on 
Broadway  street  to  Seventh  street  and  to  the  western  ter- 
minus of  said  lines,  as  the  same  is  now  operated. 

And  the  said  St.  Paul  City  Railway  Company  shall  oper- 
ate the  Como  Avenue  line,  so-called,  as  the  same  is  now  oper- 
ated from  the  northwestern  terminus  of  said  line  to  Fifth 
street  and  Wabasha  street  in  said  city,  as  the  same  is  now  op- 
erated, thence  easterly  on  Fifth  street  to  Broadway  street, 
thence  northerly  on  Broadway  street  to  Seventh  street  and 
thence   westerly   on    Seventh    street   to    Wabasha    street    and 


893 

thence  on  Wabasha  street  to  the  northwestern  terminus  of 
said  line,  as  the  same  is  now  operated. 

And  the  said  St.  Paul  City  Railway  Company  he  and  is 
hereby  required,  ordered  and  directed  to  build,  equip,  construct 
and  maintain  all  the  necessary  tracks3  side  tracks,  switches. 
poles,  wires  and  appliances  and  connections  between  am  of 
the  tracks  on  any  of  the  streets  named,  so  that  the  Interurban 
line,  so  called,  and  the  Como  Avenue  line,  shall  he  extended 
and  operated  over  the  streets  as  hereinabove  specified,  the 
same  when  so  extended  to  be  maintained  and  operated  under 
the  provisions  of  Ordinance  Xo.  1227  of  the  City  of  St.  Paul, 
and  the  ordinances  supplemental  thereto,  and  as  in  this  ordi- 
nance provided. 

2315.  Sec.  2.  Ordinance  No.  1002,  entitled  "An  ordinance 
requiring  and  directing  the  St.  Paul  City  Railway  Company 
to  build  a  line  of  street  railway  on  Eighth  street,  from  Broad- 
way  street  to  Robert  street,  and  to  connect  with  the  line  of 
railway  on  Broadway  street  and  on  Eighth  street  at  P>road- 
way  street,  and  to  operate  certain  lines  of  street  railwa\  over 
the  same  and  other  streets  in  said  city,"  approved  December 
2  1th.  1896,  is  hereby  in  all  things  repealed. 

Sec.  3.  This  ordinance  shall  take  effect  and  he  in  force 
from  and  after  its  passage  and  publication. 

FOURTH   STREET— CHANGE   FROM   CABLE  TO 
ELECTRIC  AUTHORIZED. 

Ordinance  No.  1935. 

i  Appn  ived  J  une  •">.   1 89  i 

2316.  An   Ordinance   authorizing  and   empowering    the   St. 

Paul  City  Railway  Company  to  change  the  Fourth 
Street  or  Selby  Avenue  Cable  Line,  so  called,  into 
an  electric  line. 

The  Common   Council  of  the  Cit)    o\   St.   Paul   do  ordain  as 

fi  illi  iws  : 

Sec.   I.     The  St.   Paul  City   Railwa)    Companj    i     hi 
authorized  and  empowered   to  change  and   substitute   for  its 
i  able  cars  now  in  operation  from   Broadwaj   street  on  Fourth 


89  I 

street  to  Third  street,  thence  on  Third  street  to  Selby  avenue, 
ami  thence  on  Selby  avenue  to  Milton  street,  in  the  City  of 
St.  Paul,  a  double  track  electric  line,  and  in  making  such 
change  and  substitution  said  company  shad  run  said  line  so 
changed  on  Fourth  street  from  Broadway  street  westerly  to 
an  intersection  on  West  Third  street,  thence  on  West  Third 
street    to    Selby   avenue,   thence   on   Selby   avenue   to   Milton 

■  :  the  said  double  track  electric  line  as  hereby  authorized 
shall  be  substituted,  built,  equipped  and  operated  subject  to 
all  the  power,  right  and  authority,  and  subject  to  all  the  limits. 
requirements  and  conditions  prescribed  by  the  now  existing 
franchises  and  ordinance  of  the  City  of  St.  Paid  relative  to 
the  erection,  construction  and  operation  of  electric  lines  within 
the  City  of  St.  Paid  ;  and  the  said  company  in  making  the  said 
change  ami  substitution  is  authorized  and  empowered  to  build, 
erect  and  install  along  the  line  of  Selby  avenue  and  between 
the  west  line  on  Third  street  and  the  easterly  line  of  Summit 
avenue  any  such  device  as  may  be  sufficient  and  proper  for 
the  operating"  of  the  cars  up  and  down  the  Selby  avenue  hill, 
so  called,  from  \Yest  Third  street  westerly  on  said  Selby  ave- 
nue, to  such  point  westerly  from  Summit  avenue  as  may  be 
necessary,  such  device  to  be  of  such  form  and  construction  as 
shall  be  approved  by  the  engineer  of  the  said  company  and 
the  city  engineer  of  the  City  of  St.  Paul. 

Said  through  double  track  and  electric  line,  installed  and 
operated  as  herein  authorized  and  directed,  shall  connect  at 
Milton  street  with  the  present  so  called  Merriam  Park  electric 
line,  and  be  maintained  and  operated  with  the  Merriam  Park 
electric  line,  as  one  continuous  line  without  change  of  cars. 

The  -aid  double  track  electric  line,  to  be  installed  and  op- 
erated as  in  this  ordinance  provided,  shall  be  completed  and 
in  operation  on  or  before  the  first  day  of  December.  A.  D.  1897. 

2317.  Sec.  2.     In  addition  to  the  rights  granted  by  section 

(  >rdinance  Xo.  1227  of  the  City  of  St.  Paul  with  respect 
to  the  issue  of  transfer  checks,  the  St.  Paul  City  Railway  Com- 
pany shall  from  and  after  the  first  day  of  December.  A.  D. 
—ue  a  transfer  check  to  any  passenger  who  has  paid 
one  fare  on  any  line,  any  portion  of  which  is  now.  or  hereafter 
shall  be  operated  within  any  territory  bounded  on  the  east  by 


895 

the  east  line  of  Broadway  street,  on  the  north  by  the  north  line 
of  Eighth  street,  on  the  west  by  the  west  line  of  Wabasha 
street,  and  on  the  south  by  the  south  line  of  Fourth  street, 
which  transfer  check  shall  entitle  the  passenger  so  receiving 
the  same  to  a  continuous  passage,  and  shall  be  used  upon  the 
next  car  departing  on  the  line  for  which  such  transfer  check 
i^  issued. 

2318.  Sec.  3.  The  said  St.  Paul  City  Railway  company 
shall,  within  twenty  days  after  the  passage  and  publication  of 
this  ordinance,  file  its  written  acceptance  thereof  in  the  office 
of  the  City  Clerk  of  the  City  of  St.  Paul,  agreeing  to  comply 
with  all  the  terms  and  conditions  hereof,  such  acceptance  to 
be  in  such  form  as  shall  be  approved  by  the  Corporation  At- 
torney of  the  City  of  St.  Paul. 

Sec.  I.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  publication  and  acceptance,  as  in 
section  three  of  this  ordinance  provided. 

SIBLEY   STREET   LOOP— THIRD   STREET   AND   WA- 
COUTA  STREET. 

Ordinance  No.  1956. 

(Approved  September  23,  1897.) 

2319.  An  Ordinance  requiring  and  directing  the   St.   Paul 

City  Railway  Company  to  furnish,  equip,  con- 
struct, maintain  and  operate  new  lines  of  street 
railway  in  the  City  of  St.  Paul,  Minnesota,  and  to 
construct  additional  lines  of  street  railway  track 
and  to  make  certain  changes  in  the  operation  of 
its  lines  of  street  railway  in  the  City  of  St.  Paul, 
Minnesota. 

Whereas,  b)  '  frdinance  No.  1227,  entitled,  "  \n  ordinance 
authorizing  the  St.  Paul  Cit}  Railwaj  Company  to  construct, 
equip,  maintain  and  operate  streel    railwa)    lines  in   the  City 

■  Paul,"  approved  September  20,  1889,  the  Cit)  of  St.  Paul 
did -rant  to  tin- St.  Paul  City  Railway  Company,  its  successors 
and  assigns,  the  authority,  righl  and  privilege  to  build,  equip, 

maintain    and    opi  railway    lines    with     single    and 


896 

double  tracks  with  all  the  necessary  side  tracks  and  switches, 
poles,  wires,  conduits  and  appliances  over  and  along  certain 
streets  and  avenues  in  the  City  of  St.  Paul  which  are  particu- 
larly mentioned,  described  and  set  Forth  in  said  Ordinance  Xo. 
1221  :  and.  Whereas,  by  Section  W  III.,  of  said  Ordinance  Xo. 
I  is  provided  as  follows  : 

"The  Common  Council  reserves  and  shall  possess  the 
right  at  any  time  and  from  time  to  time  after  January  1,  1892, 
to  order  the  construction  and  completion  by  said  St.  Paul  City 
Railway  Company  of  any  new  lines  of  railway  or  the  exten- 
sion upon  any  and  all  streets  in  the  City  of  St.  Paul  upon 
which  sewers  shall  have  been  constructed,  and  all  lines  or 
extensions  so  ordered  shall  be  constructed  and  in  operation 
within  one  (1)  year  after  such  orders  are  made;  provided, 
that  when  such  new  lines  or  extensions  are  constructed,  all 
the  provisions  of  this  ordinance  shall  apply  thereto ;"  and, 
whereas,  sewers  shall  have  been  constructed  upon  all  the 
streets  and  avenues  hereinafter  mentioned  in  this  ordinance 
upon  which  the  said  St.  Paul  City  Railway  Company  is  di- 
rected to  construct  tracks  and  operate  cars : 

Now,  therefore,  the  Common  Council  of  the  City  of  St. 
Paul  do  ordain  as  follows : 

2320.  Sec.  1.  That  the  St.  Paul  City  Railway  Company 
be.  and  is  hereby  ordered  and  required  to  construct  a  single 
line  of  street  railway  track  on  Sibley  street,  from  Fifth  street 
to  Third  street,  and  a  single  line  of  street  railway  track  on 
Third  street  from  Wacouta  street  to  Robert  street,  and  a  single 
line  of  street  railway  track  on  Wacouta  street  from  Third 
street  to  Fifth  street  and  to  connect  the  single  line  of  street 
railway  on  Sibley  street  with  the  lines  of  street  railway  now 
constructed  on  Fifth  street,  and  to  connect  the  single  line  of 
street  railway  on  Sibley  street  with  the  line  of  street  railway 
to  be  constructed  on  Third  street,  and  to  connect  said  line  of 
street  railway  on  Third  street  with  the  line  of  street  railway 
on  Robert  street,  and  to  connect  the  single  line  of  street  rail- 
way on  Wacouta  street  with  the  lines  of  street  railway  now 
constructed  on  Fifth  street,  and  also  with  the  line  of  street 
railway  to  be  constructed  on  Third  street,  as  hereby  ordered 
to  be   constructed  together  with   all  the   necessarv  switches, 


897 

poles,  wires,  conduits  and  appliances  over  and  along  said 
parts  of  Sibley  street  and  Third  street  and  Wacouta  street, 
said  lines  of  street  railway  so  to  be  constructed  to  be  used  by 
the  St.  .Paul  City  Railway  Company,  its  success"  rs  and  as- 
signs, in  operation  of  its  system  of  street  railway  lines  upon 
which  such  portions  of  additional  lines  shall  be  operated  at  all 
times,  the  cars  forming  the  Grand  avenue  line,  the  Hamline 
line,  the  Lafayette  and  Rondo  line  and  the  Mississippi 
and  West  St.  Paul  line,  so  that  after  the  construction 
and  equipment  of  the  additional  lines  of  street  railway 
hereby  ordered  to  be  constructed,  the  cars  operated  on. 
the  Grand  avenue  line  shall  be  so  operated  that  the  same 
shall  run  from  the  western  terminus  of  said  line  to  Fifth 
street  in  said  city  as  the  same  are  now  operated,  thence 
easterly  on  Fifth  street  to  Robert  street,  thence  south- 
erly on  Robert  street  to  Third  street,  thence  easterly  on  Third 
street  to  Sibley  street,  thence  northerly  on  Sibley  streel 
Fifth  street,  thence  westerly  on  Fifth  street  to  Robert  street, 
thence  northerl}  on  Robert  street  to  Seventh  street,  thence 
westerly  on  Seventh  street  to  Ramse)  street,  and  thence  on 
Ramsey  street,  Oakland  avenue  and  Grand  avenue,  as  the 
same  are  now  operated  :  and  the  cars  on  the  I  lamline  line  shall 
be  operated  from  the  western  terminus  of  said  line  to  Fifth 
street  and  Wabasha  street  in  said  city  as  the  same  are  now 
operated,  thence  easterly  on  Fifth  street  to  Roberl  street, 
thence  southerly  on  Roberl  streel  to  Third  street,  thence  easl 
erly  on  Third  streel  to  Sibley  street,  thence  northerly  on  Sib- 
ley streel  to  Fifth  street,  thence  westerly  on  Fifth  streel  to 
Wabasha   street,  thence  on    Wabasha   streel    to  the   Western 

terminus   of   said    line,   as   the   cars   are   now  operated;   and    the 

cars  on  the  Lafayette  and  Rondo  line  shall  be  so  operated  that 
the  cars  going  from  the  eastern  terminus  of  said  line  through 
the  business  portion  of  said  city  and  to  the  western  terminus 
of  said  line  on  Rondo  streel  shall  be  operated  from  said  east- 
ern terminus  to  Broadway  streel  and  Fifth  street,  as  the  same 
an-  now   operated,  thence  on   Fifth  streel   to  Wacouta  street, 

thence    south   on    Wacouta    street    to   Third    street,   thence    west 

on  Third  street  to  Sibley  street,  thence  north  on  Sibley 

to     Fifth     -tree),     tllelice     \\  e  -  t     o||      Fifth     -Ireel      to      I\..1mI!      -Meet, 


898 

thence  north  on  Robert  street  to  Eighth  street,  thence  west  on 
Eighth  street  to  Wabasha  street  thence  on  Wabasha  street 
and  to  the  western  terminus  of  said  line  as  the  cars  are  now 
operated,  and  the  cars  going  in  the  opposite  direction  on  said 
Lafayette  and  Rondo  line  shall  be  operated  from  the  western 
terminus  of  said  line  on  Rondo  street  to  Fifth  street  and  Wa- 
basha street,  as  the  same  are  now  operated,  thence  on  Fifth 
street  to  Robert  street,  thence  on  Robert  street  to  Third  street, 
thence  on  Third  street  to  Sibley  street,  thence  on  Sibley  street 
to  Fifth  street,  thence  on  Fifth  street  to  Broadway  street  and 
to  tlie  eastern  terminus  of  said  line  as  the  same  are  now  oper- 
ated, and  the  cars  on  the  Mississippi  and  West  St.  Paul  line 
shall  be  operated  so  that. the  cars  operated  on  said  line  shall 
be  run  from  the  northern  terminus  thereof  at  the  intersection 
of  Brainerd  avenue  and  Edgerton  street  to  Fifth  street  and 
Broadway  street,  as  the  same  are  now  operated,  thence  on 
Fifth  street  to  Wacouta  street,  thence  on  Wacouta  street  to 
Third  street,  thence  on  Third  street  to  Sibley  street,  thence  on 
Sibley  street  to  Fifth  street,  thence  on  Fffth  street  to  Wabasha 
street,  and  to  West  St.  Paul,  as  the  same  are  now  operated, 
and  cars  going  in  the  opposite  direction  shall  be  operated  from 
the  terminus  of  said  line  in  West  St.  Paul  to  Fifth  street  and 
Wabasha  street,  as  the  same  are  now  operated,  thence  on  Fifth 
street  to  Robert  street,  thence  on  Robert  street  to  Third 
street,  thence  on  Third  street  to  Sibley  street,  thence  on  Sibley 
street  to  Fifth  street,  thence  on  Fifth  street  to  Broadway 
street,  and  to  the  terminus  of  said  line  on  Brainerd  avenue  and 
Edgerton  street  as  the  same  are  now  operated. 

2321.  Sec.  2,  And  the  said  St.  Paul  City  Railway  Com- 
pany is  hereby  ordered,  required  and  directed  to  build,  equip, 
construct  and  maintain  all  the  necessary  tracks,  side  tracks, 
switches,  poles,  wires  and  appliances  on  each  and  all  of  said 
streets  as  in  this  ordinance  named  so  that  the  said  lines  of 
railway  in  this  ordinance  required,  the  same  when  so  extended 
shall  be  maintained  and  operated  according  to  the  provisions 
of  Ordinance  No.  1227  of  the  City  of  St.  Paul  and  the  ordi- 
nances amendatory  thereof. 

2322.  Sec.  3.  The  City  Clerk  of  the  City  of  St.  Paul  is 
hereby  directed  to  serve  upon  the  St.  Paul  City  Railway  Com- 


899 

pany  a  copy  of  this  ordinance  immediately  upon  its  passage 
and  publication. 

Sec.  -A.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

FOURTH      STREET— CHANGE— FROM      CABLE      TO 

ELECTRIC. 

Ordinance  No.  1970. 

(Approved  February  8,  1898.) 

i  See  Ordinance  1957,  approved  Sept.  24,  1897.) 

2323.  An  Ordinance  authorizing  the  St.  Paul  City  Railway 
Company  to  change  its  Fourth  street  and  Selby 
avenue  cable  line,  so-called,   into  an  electric  line. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 

follows : 

Sec.l.  The  St.  Paul  City  Railway  Company  is  hereby 
directed,  authorized  and  empowered  to  change  and  substitute 
for  its  cable  line,  now  in  operation  on  Fourth  street  from 
Broadway  street  to  Third  street,  thence  on  Third  strei 
Selby  avenue,  thence  on  Selby  avenue  to  Milton  si  reel,  in  the 
City  of  Si.  Paul,  a  double  track  electric  line  of  street  railway, 
and  in  making  such  change  and  substitution,  said  company 
shall  run  said  line  on  Fourth  street  from  Broadway  street 
westerly  to  its  intersection  with  Wesl  Third  street,  thence  on 
West  Third  streel  to  Selby  avenue,  thence  on  Sell>\  avenue 
to  Milton  street,  and  when  the  said  double  track  electric  line 
hereby  authorized  is  substituted,  built  and  operated,  the  same 
shall  1m-  subject  to  all  the  powers,  rights,  authority,  privil< 
obligations,  limitations  and  provisions  of  Ordinance  No.  W4, 
of  the  City  of  Si.  Paul,  passed  Augusl   L4th,  L886,  except  that 

,  the  motive  power,  and  the  erection  and  maintenan 
poles  and  wires,  the  same  shall  he  subjeel  to  the  terms,  con- 
ditions and  provisions  of  I  >rdinance  No.  L227,  of  the  City  "1 
St.  Paul,  passed  September  L9,  1889,  and  except  that  the  rights 
hereby  granted  to  operate  b}  i  lectric  power,  or  otherwise,  aid 
line  so  changed  shall  cease  and  terminate  on  the  nineteenth 
day  of  September,  V  I  >.  L9  \'<. 


'.Mill 

In  making  such  change  and  substitution  said  St.  Paul  City 
Railway  Company,  its  successors  and  assigns,  are  hereby  au- 
thorized and  empowered  to  construct,  maintain  and  operate 
such  suitable  device,  or  devices,  together  with  such  machinery, 
appliances  and  buildings  as  may  be  necessary  therefor,  on  or 
about  Sell)_v  avenue  hill,  so-called,  from  Third  street  as  far 
west  "ii  Selby  avenue  as  may  he  necessary  for  the  purpose  of 
Operating  the  electric  cars  on  said  line  up  and  down  said 
Selby  avenue  hill,  safely;  provided,  however,  that  said  build- 
ings,  device  or  devices,  machinery  and  appliances,  shall  be  so 
constructed  and  maintained  as  not  to  interfere  with  or  obstruct 
travel  on  Selby  avenue  west  of  Summit  avenue,  or  on  any 
part  of  Summit  avenue,  or  any  part  of  Third  street,  and  so 
that  the  same  shall  not  obstruct  travel  upon  the  sidewalks  on 
either  side  of  Selby  avenue  between  Summit  avenue  and  Third 
street.  Said  double  track  electric  line  to  be  substituted  and 
operated  as  herein  authorized  and  directed,  shall  connect  at 
Milton  street  with  the  present  so-called  Merriam  Park  electric 
line,  and  shall  be  maintained  and  operated  with  said  Merriam 
Park  electric  line  as  one  continuous  line,  without  change  of 
cars  from  Broadway  street  to  the  corner  of  University  and 
Prior  avenues,  in  said  city  ;  provided,  however,  that  said  com- 
pany shall  not  be  obliged  to  run  all  the  cars  which  it  shall 
operate  over  said  electric  line  from  Broadway  street  to  Mil- 
ton street  through  to  Merriam  Park,  but  only  such  number  as 
is  necessary  to  furnish  a  reasonable  service,  but  said  through 
cars  shall  be  run  at  intervals  not  exceeding  fifteen  minutes  be- 
tween cars  between  the  hours  of  six  o'clock  in  the  morning  and 
eight  thirty  in  the  evening,  and  said  company  shall  operate  its 
cars  on  all  portions  of  said  line  during  such  hours  each  day, 
and  with  such  frequency  as  shall  reasonably  accommodate  the 
traveling  public  along  the  entire  length  of  said  line  from 
Broadway  street  to  the  corner  of  Prior  and  University  ave- 
nues. 

The  said  double  track  electric  line  to  be  substituted,  built 
and  operated,  as  in  this  section  provided,  shall  be  completed 
and  in  operation  on  or  before  the  30th  day  of  June,  1898. 
2324.         Sec.  2.     The  device,  or  devices,  buildings,  machinery 
and  appliances  in  Section  1  of  this  ordinance  authorized,  shall 


901 

be  such  as  shall  be  approved  by  the  City  Engineer  of  the  City 
of  St.  Paul,  and  the  erection  of  the  same,  and  all  thereof,  the 
change  and  construction  of  said  line,  and  the  erection  of  poles 
and  wires  shall  all  be  done  under  his  direction  and  super- 
visions) and  the  said  St.  Paul  City  Railway  Company,  its  suc- 
cessors and  assigns,  shall  save  and  hold  harmless  the  Cit)  of 
St.  Paul  from  any  and  all  damages,  costs  and  expenses,  arising 
from  said  change  and  substitution  or  from  the  construction 
or  maintenance  of  said  line,  device  or  devices,  buildings,  appli- 
ances or  machinery  hereinbefore  authorized  and  provided  for. 

2325.  Sec.  3.     In  addition  to  all  the  transfer  privileges  now- 

existing  and  provided  for  in  Section  1-i  of  Ordinance  No.  L227, 
passed  by  the  Common  Council  of  the  City  of  St.  Paul,  the  said 
St.  Paul  City  Railway  Company  shall,  from  and  after  the 
passage,  publication  and  acceptance  of  this  ordinance  as  here- 
inafter provided,  issue  a  transfer  check  at  the  corner  of  Fourth 
and  Robert  streets,  to  any  passenger  going  in  an  easterly  di- 
rection on  said  Fourth  street  and  Selby  avenue  line  who  has 
paid  one  full  fare,  which  transfer  check  shall  entitle  the  passen- 
ger so  receiving  the  same  to  a  continuous  passage  on  the  next 
regular  car  departing  from  the  corner  of  Fifth  and  Roberl 
Streets  in  the  direction  and  upon  either  of  the  lines  following, 
to-wit:  In  a  northerly  or  westerly  direction  upon  the  fnter- 
urban  line,  the  Como  line  and  the  Mainline  line,  and  in  an 
easterly  or  westerly  direction  upon  the  Lafayette  and  Rondo 
line.  And  it  shall  also  issue  at  the  corner  of  Jackson  and 
Fourth  streets  to  any  passenger  going  in  an  easterl}  direction 
■  Hi  -aid  Fourth  streel  and  Selb_\  avenue  line  who  has  paid  our 
full  fare,  a  transfer  check  which  shall  entitle  such  passenger 
si  receiving  the  -a me  to  one  continuous  passage  on  the  next 
ear  departing  from  the  corner  of  Jackson  and  Fifth  streel  on 
the  Jackson  street  line,  or  on  the  nexl  ear  departing  in  an  i 
erly  direction  from  the  corner  of  Jai  k  on  .nxl  Seventh  streets 
on  the  Maria  avenue  line. 

The  said  St.  Paul  Cit)  Railwa)  Company,  its  successors 
and  assigns,  shall  also  issue  a  transfer  to  an)  passenger  who 
has  paid  one  full  fare  traveling  in  a  southerly  or  easterly  di- 
rection on  the  fnterurban  line,  the  Como  line,  the  Mainline 
line  or   Jackson     treel   line,  or  in  a  westerly  direction  on  the 


902 

Maria  avenue  line,  or  in  cither  direction  on  the  Lafayette 
and  Rondo  street  line,  which  transfer  shall  entitle  the  person 
so  receiving  the  same  to  a  continuous  passage  on  the  next 
regular  car  departing  in  a  westerly  direction  over  the  said 
Fourth  street  and  Selby  avenue  line.  Such  transfer  shall  be 
issued  from  the  Interurban  line,  the  Como  line  and  the  Ham- 
line  line  and  the  Lafayette  aiid  Rondo  line  going  in  an  easterly 
or  southerly  direction  at  the  corner  of  Fifth  and  Wabasha 
streets,  and  the  person  so  receiving  the  same  shall  take  the 
next  car  departing  over  said  Fourth  street  Selby  avenue  line 
at.  the  corner  of  Wabasha  and  Fourth  streets.  From  the 
Maria  avenue  line  such  transfer  shall  be  issued  at  the  corner  of 
Jackson  and  Seventh  streets,  and  from  the  Lafayette  and 
Rondo  line  going  in  a  westerly  or  northerl\r  direction  and  for 
the  Jackson  street  line  at  the  corner  of  Fifth  and  Jackson 
streets,  and  the  person  so  receiving  the  same  shall  take  the 
next  car  at  the  corner  of  Fourth  and  Jackson  streets  depart- 
ing in  a  westerly  direction  on  said  Fourth  street  and  Selby 
avenue  line. 

2326.  Sec.  4.  The  rate  of  fare  shall  not  exceed  five  cents 
for  each  passenger  for  one  continuous  ride  on  said  Fourth 
street  and  Selby  avenue  line  from  Broadway  street  to  the  cor- 
ner of  Prior  and  University  avenues,  or  from  the  corner  of 
Prior  and  University  avenues  to  Broadway  street,  or  for  one 
continuous  ride  on  said  line  between  said  points  toward  the 
end  of  the  said  line  to  which  the  car  is  approaching. 

2327.  Sec.  5.  The  said  St.  Paul  City  Railway  Company 
shall,  within  fifteen  days-  after  the  passage  and  publication  of 
this  ordinance,  file  with  the  City  Clerk  of  the  City  of  St.  Paul, 
its  acceptance  in  writing  of  all  the  terms,  provisions  and  con- 
ditions of  this  ordinance,  and  this  acceptance  shall  be  in  such 
form  as  shall  be  approved  by  the  Corporation  Attorney  of 
said  city,  and  shall  be  executed  by  the  President  or  Vice  Presi- 
dent and  Secretary  of  said  company,  under  its  corporate  seal. 

2328.  Sec.  6.  Nothing  in  this  ordinance  contained  shall 
have  the  effect  to  waive,  take  away  or  abridge  any  control 
over  said  company  now  existing  in  the  City  of  St.  Paul,  or  its 
Common   Council,  under  any  ordinance,   resolution   or  order 


5)03 

of  the  Common  Council  of  said  city,  applicable  to  said  line, 
and  now  in  force,  or  to  release  the  said  com  pan}-  from  any 
obligation  or  duty  imposed  upon  it  by  any  other  ordinance, 
order  or  resolution  of  said  Common  Council,  applicable  to  said 
line,  and  now  existing  and  in  force,  except  as  in  Section  7  of 
this  ordinance  provided. 

2329.  Sec.  7.  Upon  condition  that  the  said  St.  Paul  City 
Railway  Company  accepts  this  ordinance  as  hereinbefore  pro- 
vided, within  the  time  hereinbefore  specified,  and  makes  the 
change  and  substitution  hereinbefore  authorized  and  provided 
for,  and  operates  its  said  Selby  avenue  and  Fourth  street  line, 
so  changed,  within  the  time  hereinbefore  specified,  the  said 
company,  its  successors  and  assigns  are  hereby  given  until 
the  first  day  of  September,  A.  D.  1898,  in  which  to  pave  that 
portion  of  Third  street  and  Fourth  street  which  lies  between 
the  tracks  of  said  company  and  between  the  double  tracks, 
in  the  manner  provided  by  Section  2  of  Ordinance  X".  >H, 
but  the  said  company  shall,  on  or  before  said  date,  pave  the 
said  portion  of  said  streets,  which  it  is  required  by  said  last 
named  ordinance  t<»  pave  in  like  manner  as.  and  with  the  same 
kind  of  material  with  which  the  balance  of  said  streets  are  now 
paved. 

2330.  Sec.  8.  The  St.  Paul  City  Railway  Company  shall 
pay  to  the  City  Treasurer  of  said  city  in  advance  an  annual  li- 
cence of  ten  dollars  ($10)  for  each  and  every  car  used  upon 
said  Fourth  street  and  Selby  avenue  line  as  it  i^  required  to 
do  by  Section  17  of  Ordinance  No.  L227,  upon  the  cars  used 
by  it  upon  its  line-  of  railway  in  that   ordinance  named. 

See.  9.  This  ordinance  shall  take  effeel  and  be  in  force 
from  and  after  its  passage,  publication  and  acceptance  l>\  -aid 
St.   Paul   City   Railway  Company,  in   the  manner  and   within 

the  time  hereinbefore  pr<  >\  ided, 


904 

COMO  HARRIET  LINE— PERMISSION  TO  BUILD. 

Ordinance  No.  1982. 

(Approved  May  20,  1898.) 

2331.  An   Ordinance  Authorizing  the   St.   Paul   City   Rail- 

way Company  to  Construct,  Equip,  Maintain  and 
Operate  a  Street  Railway  in  the  City  of  St.  Paul. 

The   Common   Council  of  the   City  of  St.   Paul  do  ordain  as 

follows  : 

Sec.  1.  That  there  is  hereby  granted  to  the  St.  Paul  City 
Railway  Company,  its  successors  and  assigns,  the  authority, 
right,  and  privilege  to  build,  equip,  maintain  and  operate  a 
street  railway  line,  with  single  or  double  tracks,  together  with 
all  necessary  side-tracks,  switches,  poles,  wires,  conduits  and 
appliances,  over  and  along  the  following  streets,  to-wit :  Be- 
ginning at  the  intersection  of  Langford  avenue  and  the  West- 
ern limits  of  Como  Park,  in  the  City  of  St.  Paul ;  thence  along 
Langford  avenue  westerly  to  the  intersection  of  Langford  ave- 
nue and  the  County  road,  so  called ;  thence  along  said  County 
road  to  the  city  limits  ;  provided,  however,  that  the  rights  here- 
in granted  shall  terminate  on  the  20th  day  of  September,  1939. 

2332.  Sec.  "2.  Said  St.  Paul  City  Railway  Company,  its 
successors  and  assigns,  are  hereby  authorized  and  empowered 
to  construct,  maintain  and  operate  single  or  double  street  rail- 
way tracks,  together  with  all  necessary  poles,  wires  and  ap- 
pliances through  Como  Park  in  the  City  of  St.  Paul,  along 
such  route  and  between  such  points  and  during  such  time,  and 
subject  to  such  regulations  as  the  Board  of  Park  Commis- 
sioner.- of  the  City  of  St.  Paul  may  designate. 

2333.  Sec.  '■'>.  The  said  St.  Paul  City  Railway  Company, 
it>  successors  and  assigns,  shall  begin  the  construction  of  the 
line  or  lines  herein  provided  for  along  Langford  avenue,  and 
ci  mplete  the  same,  during  the  year  1898,  and  when  said  line 

■  nstructed  as  herein  authorized,  the  same  shall  be  subject 
to  all  the  terms  and  provisions  and  conditions  and  limitations 
of  ordinance  numbered  1227,  of  the  City  of  St.  Paul,  passed  by 
the  Common  Council  September  19,  1889,  and  approved  Sep- 
tember 20,  1889. 


905 

Sec.   5.     This  ordinance  shall  take  effect  and  be  in  force 
from   and   after   its   passage   and   publication. 

HAMLINE  LINE— NEW  ROUTE. 

Ordinance  No.  2064. 

(Approved  August  I.  1899.  I 

2334.  An  Ordinance  supplemental  to  Ordinance  No.  1227, 

entitled  "An  ordinance  authorizing  the  St.  Paul 
City  Railway  Company  to  construct,  equip,  main- 
tain and  operate  street  railway  lines  in  the  City  of 
St.  Paul,"  approved  Sept.  20,  1889. 

The   Common   Council  of  the  City   of  St.    Paul  do  ordain  as 

follows  : 

Sec.  1.  There  is  hereby  granted  to  the  St.  Paul  City 
Railway  Company,  its  successors  and  assigns,  the  authority, 
right  and  privilege  to  build,  equip,  maintain  and  operate  a  line 
of  street  railway  with  double  tracks  on  Blair  street,  from 
Como  avenue  to  Grotto  street;  thence  north  on  Grotto  street 
to  .Minnehaha  street;  thence  west  on  Minnehaha  street  to 
Snelling  avenue;  thence  on  Snelling  avenue  from  Minnehaha 
Capitol  avenue;  thence  west  on  Capitol  avenue  to 
Fairview  avenue;  thence  south  on  Fairview  avenue  to  Minne- 
haha street ;  thence  wesl  on  Minnehaha  streel  to  Prior  avenue; 
thence  south  on  Trior  avenue  to  University  avenue;  said  line 
to  be  equipped  with  all  necessary  switches,  poles,  wires,  con 
duits  and  appliances  over  and  along  said  streets,  as  provided  in 
said  Ordinance  No.  1221  and  the  ordinances  of  said  city 
amendatory  therei  >f. 

2335.  Sec.  2.  The  line  of  street  railwa)  authorized  to  be 
equipped,  maintained  and  operated  by  the  provision  <<\  section 
I  shall  In-  full)   completed  and  equipped  for  service  on  or  be 

Eor<     the    firsl    day    of    November,    L899,   and    when    -aid    line    of 

streel  railway  is  so  completed  ami  equipped  it  shall  be  incor 

porated    with   and   made  a    part    of  the    Mainline   line,  so  called, 

and  the  gaid  St.  Paul  City  Railwa)   Com  pan)    shall  thereafter 

maintain    and    operate    -aid     llamlme    line,    including    the    new 

line  ant  hi  >rized  by  tin    '  irdina  f<  '11'  >wa  : 


906 

First  around  the  Union  Depot  loop,  so  called:  thence 
along  Fifth  street  to  Wabasha  street;  thence  along  Wabasha 
street  to  Rice  street ;  thence  along  Rice  street  to  Como  avenue  ; 
thence  along  the  routes  and  streets  authorized  in  section  1 
hereof  to  the  corner  of  Prior  avenue  and  University  avenue. 
The  said  cars  shall  then  return  back  to  said  Union  Depot  loop 
by  the  same  route  over  which  the  same  are  operated  as  afore- 
said. Around  the  Union  Depot  loop  and  from  said  loop  to  the 
corner  of  Prior  avenue  and  University  avenue  the  said  cars 
shall  be  operated  at  intervals  not  exceeding  fifteen  minutes 
apart. 

2336.  Sec.  3.  The  line  of  street  railway  authorized  to  be 
constructed  and  maintained  by  section  1  hereof  shall  be  fully 
completed  and  equipped  for  service  and  placed  in  full  opera- 
tion as  a  part  of  said  Hamline  line  as  aforesaid  on  or  before 
the  time  stated  in  section  2  of  this  ordinance,  and  when  so 
completed,  equipped  and  in  operation  said  Hamline  line  in- 
cluding the  new  line  hereby  authorized  shall  be  accepted  in 
lieu  of  the  Hamline  line  as  it  is  at  present  built,  operated  and 
maintained  in  the  City  of  St.  Paul;  and  the  said  St.  Paul  City 
Railway  Company,  in  consideration  of  the  privileges  granted 
by  this  ordinance,  hereby  waives,  relinquishes  and  surrenders 
to  the  City  of  St.  Paul  all  of  the  right,  authority  and  privilege 
granted  to  it  under  said  Ordinance  No.  1227  to  operate  a 
street  railway  line  or  lines  on  Lexington  avenue  from  Univer- 
sity avenue  to  Minnehaha  street  and  on  Minnehaha  street 
from  Lexington  avenue  to  Snelling  avenue  and  on  Snelling 
avenue  from  Minnehaha  street  to  Langford  avenue.  Upon 
the  completion,  equipment  and  operation  of  the  line  of  street 
railway  authorized  by  section  1  hereof  the  said  St.  Paul  City 
Railway  Company  shall  forthwith  remove  its  tracks,  switches, 
poles  and  appliances  from  said  last  named  portions  of  Lexing- 
ton and  Snelling  avenues. 

2337.  Sec.  4.  The  right,  authority  and  privilege  hereby 
granted  to  the  St.  Paul  City  Railway  Company  to  build,  equip, 
maintain  and  operate  said  new  lines  of  street  railway  shall  be 
subject  to  all  the  terms,  conditions  and  limitations  of  said  Or- 
dinance Xo.  1227,  except  as  herein  otherwise  provided. 


'.mi; 

Sec.  5.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  publication  and  acceptance  by  said  St.  Paul 
City  Railway  Company  in  writing,  executed  by  its  proper  of- 
ficers and  filed  with  the  Clerk  of  said  City  of  St.  Paul  within 
fifteen  days  after  the  publication  of  this  ordinance. 

INDIAN  MOUNDS  PARK  LINE— TO  EXTEND  MARIA 
AVENUE  LINE. 

Ordinance  No.  2104. 

i  Approved  April  6,  1000.) 

2338.  An  Ordinance  supplemental  to  Ordinance  No.  1227, 
approved  September  20,  1889,  and  entitled :  "An 
ordinance  authorizing  the  St.  Paul  City  Railway 
Company  to  construct,  equip,  maintain  and  operate 
street  railway  lines  in  the  City  of  St.  Paul." 

Whereas,  The  Common  Council  of  the  City  of  St.  Paul 
did,  heretofore,  by  an  ordinance  known  as  Ordinance  No.  L221 
of  the  general  ordinances  of  the  city  of  St.  Paul,  and  entitled: 
"An  ordinance  authorizing  the  St.  Paul  City  Railway  Com- 
pany to  construct,  equip,  maintain  and  operate  street  railway 
lines  in  the  City  of  St.  Paul,"  which  said  ordinance  was  duly 
approved  on  or  about  September  20,  L889,  and  then  and  there 
duly  published  in  the  then  official  newspaper,  granl  to  the  said 
St.  Paul  City  Railway  Company,  its  successors  and  assigns, 
the  authority,  right  and  privilege  to  build,  equip,  maintain  and 
operate  a  line  of  street  railway  commencing  at  the  intersec 
tion  of  Seventh  streel  and  Maria  avenue ;  thence  on  Maria  ave 
nne  to  Plum  si  reel  :  thence  on  Plum  street  to  Hastings  avenue ; 
thence  on  Hastings  avenue  to  Earl  street;  thence  on  Earl 
streef  to  1  ndian  Mound  Park  ;  and, 

Whereas,  The  Common  Council  of  the  Cit}  of  St.  Paul 
did,  thereafter,  and  by  Ordinance  No.  L686,  entitled:  "An 
ordinance  amending  certain  sections  of  Ordinance  No.  1221 
f>t'  the  City  of  St.  Paul,  entitled  '  \n  ordinance  authorizing  the 
St.  Paul  City  Railway  Company  to  construct,  equip,  maintain 
and  operate  streel  railway  lines  in  the  City  of  St.  Paul,'  passed 
September  \'-K  1889,  and  approved  September  20,  L889,"  which 
said  ordinance  w  a  -  thereafter  dul)    approved  and  duly  pub 


908 

lished  in  the  then  official  paper  of  the  City  of  St.  Paul,  direct 
and  require  that  the  said  St.  Paul  City  Railway  Company 
should  operate  the  cars  by  it  operated  and  maintained  on  its 
Maria  avenue  line,  so  called,  as  far  west  on  East  Seventh 
street  as  Robert  street,  from  the  intersection  of  East  Seventh 
street  with  Maria  avenue;  and. 

Whereas,  in  and  by  the  terms  of  said  Ordinance  X-o. 
L227,  it  was  left  to  the  said  St.  Paul  City  Railway  Company  to 
determine  whether  or  not  said  Maria  avenue  line  should  be 
operated  by  a  system  of  single  or  double  tracks,  and  the 
requirements  of  the  inhabitants  of  that  portion  of  the  city  in 
the  way  of  transportation  have  since  made  it  necessary  that 
the  line  of  double  tracks  as  at  present  maintained  should  be 
extended  and  maintained  as  so  extended  ; 

Xow,  therefore,  the  Common  Council  of  the  City  of  St. 
Paul  do  ordain  as  follows : 

2339.  Sec.  1.  That  the  said  St.  Paul  City  Railway  Com- 
pany is  hereby  authorized,  empowered  and  directed  to  lay  and 
equip  a  line  of  double  tracks  on  Hastings  avenue  from  the  end 
of  the  double  track  lines  as  now  by  it  laid  and  maintained, 
near  the  intersection  of  Mound  street  with  said  Hastings  ave- 
nue, to  Earl  street ;  thence  on  Earl  street  to  Pacific  avenue  ; 
and  to  operate  over  the  lines  of  double  track  so  laid,  equipped 
and  by  it  to  be  maintained  the  cars  by  it  at  present  operated 
and  maintained  on  its  Maria  avenue  line,  so  called,  by  con- 
structing a  Y  on  Mound  street  of  sufficient  size  and  in  such  a 
manner  as  to  fully  accommodate  the  traffic  on  said  Maria  ave- 
nue line. 

2340.  Sec.  2.  Said  Ordinance  Xo.  1227  shall  apply  to  the 
lines  of  railway  in  this  ordinance  specified,  and  the  said  St. 
Paul  City  Railway  Company  shall,  with  respect  to  the  con- 
struction, equipment,  maintenance  and  operation  of  said  line, 
be  entitled  to  like  powers,  rights  and  privileges,  and  be  sub- 
ject to  like  limitations  and  conditions  as  those  contained  in  the 
provisions  of  said  Ordinance  X'o.  1227,  except  as  herein  other- 
vise  provided,  or  as  the  same  are  necessarily  inapplicable 
hereto. 


2341.  Sec.  3.  This  ordinance  shall  take  effect  and  be  in 
force  from   and   after  its   passage,   approval   and   publication, 

and  its  acceptance  by  said  St.  Paul  City  Railway  Company, 
evidenced  in  writing  and  tiled   with  the   City  Clerk. 

HAMLINE  LINE— NEW  ROUTE. 
Ordinance  No.  2114. 

i  Approved  May  s.  1900.) 

2342.  An  Ordinance  supplemental  to  Ordinance  No.   1227. 

entitled  "An  Ordinance  authorizing  the  St.  Paul 
City  Railway  Company  to  construct,  equip,  main- 
tain and  operate  street  railway  lines  in  the  City  of 
St.  Paul,"  approved  Sept.  20,  1889. 

The  Common   Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  The  St.  Paul  City  Railway  Company  is  hereby 
authorized  and  required  to  build,  equip,  maintain  and  operate 
a  line  of  single  track  street  railway«ori  Minnehaha  street,  from 
Snelling  avenue  to  Prior  avenue,  thence  south  on  Prior  avenue 
to  University  avenue,  in  tin-  City  of  St.  Paul,  including  the 
necessar)  appliances  for  the  operation  thereof  1>\  electric 
pi  Aver. 

2343.  Sec.  ''.     The  line  (if  streel  railway  authorized  by  the 

provisions    of    Section     |    ,  ,f    this   ordinance    shall    he    full}     COD 

structed,  equipped  and  in  operation  on  or  before  the  firsl  da) 
of  July,  L900,  and  when  si >  completed  and  equipped  it  shall  be 
incorporated   with  and  made  ;i  pari   of  the   Mainline  line,  so 
called,  and  said  St.   Paul  Cit)    Railwa)    Compan)    shall  there 
after  operate  through  ears  mi  said   Mainline  line  between  the 
central   or  business  portion   of  the  cit)    and   the   terminus  ol 
said  line  at    Universit)    avenue,  as  herein  provided,  at   inter 
vals  nol   exceeding  thirt)    (30)   minutes  apart,  and  also, 
compan)    -hall   continue   to   operate   through   cai     ovei 
Mandinc  line,  between  the  central  "i"  bu  lortion  of  the 

city  and  tin-  presenl  terminus  of  said  line  at  Langford  avenue, 
at  intervals  not  exceeding  thirt)  (30)  minutes  apart,  so  that 
there  shall  be  at  leasl  ;•  fifteen   (15)   minute  service  bel 


910 

Snelling  avenue  in  Hamline  and  the  business  portion  of  the 
city,  and  so  that  there  shall  be  at  least  a  thirty  (30)  minute  ser- 
vice between  the  business  portion  of  the  city  and  each  ter- 
minus  of  said  Hamline  line,  and  said  company  shall  at  all 
times  operate  cars  from  the  business  portion  of  the  city  to 
each  terminus  of  said  Hamline  line  with  such  frequency  and  at 
>uch  intervals  as  shall  reasonably  accommodate  the  traveling 
public. 

2344.  Sec.  3.  The  authority  and  privilege  hereby  granted 
to  build,  equip  and  maintain  said  additional  line  of  street  rail- 
way track  shall  be  subject  to  all  the  terms,  conditions  and  limi- 
tations contained  in  Ordinance  Xo.  1227,  mentioned  in  the 
title  hereof,  and  shall  be  operated  pursuant  to  the  terms  hereof, 
except  as  in  this  ordinance  otherwise  provided. 

2345.  Sec.  4.  The  said  St.  Paul  City  Railway  Company 
shall,  within  fifteen  (15)  days  after  the  passage  and  publica- 
tion of  this  ordinance,  execute  and  file  in  the  office  of  the  City 
Clerk  of  the  City  of  St.  Paul  its  written  acceptance  thereof, 
and  this  ordinance  shall -ta^ke  effect  and  be  in  force  from  and 
after  the  passage,  publication  and  acceptance  thereof,  as  herein 
provided. 

TO  REPEAL  ORDINANCE  NO.  1925. 
Ordinance  No.  2123. 

(Approved — See  below.) 

2346.  An    Ordinance   repealing    Ordinance    No.    1925,    en- 

titled "An  Ordinance  requiring  and  directing  the 
St.  Paul  City  Railway  Company  to  make  certain 
changes  in  the  operation  of  certain  lines  of  its 
street  railway  by  extending  the  Interurban  line, 
the  Como  avenue  line  as  far  easterly  as  Broadway 
street,"  approved  May  8,  1897. 

The  Common  Council  do  ordain  as  follows : 

Sec.  1.  That  certain  ordinance  No.  1925,  entitled  "An  or- 
dinance requiring  and  directing  the  St.  Paul  City  Railway 
Company  to  make  certain  changes  in  the  operation  of  certain 
of  its  lines  of  street  railway  by  extending  the  Interurban  line, 


911 

the  Conio  avenue  line  as  far  easterly  as  Broadway  street,"  ap- 
proved May  8,  1897,  be  and  the  same  is  hereby  in  all  respects 

repealed. 

Sec.   2.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 
(Passed  without  approval  of  the  mayor  and  became  a  law  not- 
withstanding veto.) 

PERMISSION  TO  STRING  WIRES. 
Ordinance  No.  2197. 

(Approved  June  27,  1901.) 

2347.  An  Ordinance  authorizing  the  St.  Paul  City  Railway 

Company  to  erect,  place  and  maintain  poles,  and 
to  string  wires  thereon,  along  certain  streets  in  the 
City  of  St.  Paul. 

The  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 
fi  illows : 

Sec.  1.  The  St.  Paul  City  Railway  Company  is  hereby 
authorized  and  empowered  to  erect  and  maintain  poles  and  to 
string  all  necessary  wires  thereon  for  the  purpose  of  convey- 
ing electricity  for  power  to  be  used  in  connection  with  its 
streel  railway  system,  over  and  along  the  following  streets  in 
the  City  of  St.  Paul,  to-wit: 

Commencing  at  the  intersection  of  Como  avenue  and  I  >ale 
et;  thence  along    hale   street   to   Aurora   avenue;   thence 
along    Aurora  avenue  to  Grotto  street,  thence   along   Grotto 
el  to  Selby  avenue. 

2348.  Sec.  2.  The  Common  Council  hereby  reserves  the 
righl  to  require  said  St.  Paul  Cit)  Railwa)  Companj  to  re 
move  said  poles  and  wires  from  said  streets  within  a  reason- 
able time  upon  giving  reasonable  notice  thereof;  and  when 
required  and  notified  as  above  provided  said  St.  Paul  City 
Railway  Company  shall  remove  said  poles  and  wires,  erected 
under  and  pursuanl  to  this  ordinance,  from  the  streets  above 
named. 

Sec.  ■  '•.  This  ordinance  shall  take  effecl  and  be  in  force 
fn 'in  and  after  n    pa 


1)12 

SOUTH  ST.  PAUL  LINE— EXTENSION  OF  CONCORD 
STREET  LINE. 

Ordinance  No.  2252. 

i  Approved  February  8,  1902.) 

2349.  An  Ordinance  providing  for  an  extension  of  the  Con- 

cord street  car  line  in  the  City  of  St.  Paul. 

Whereas,  By  section  one  of  ordinance  No.  V-Z2]  -of  the 
City  of  St.  Paul,  approved  September  19,  1899,  the  St.  Paul 
City  Railway  Company  is  authorized"  and  required  to  con- 
struct and  operate  by  electricity  a  double  track  street  car 
line,  commencing  at  the  intersection  of  Robert  street  and  Fifth' 
street  in  said  city,  thence  on  Robert  street  to  Robert  street 
bridge,  thence  across  the  same  and  along  South  Robert  street 
to  Concord  street,  thence  on  Concord  street  to  a  point  near 
Arthur  avenue,  and  said  company  is  engaged  in  operating  the 
car  line  above  mentioned;  and, 

AVhereas,  By  section  eighteen  of  said  ordinance  Xo.  1227, 
the  common  council  has  reserved  the  right  to  order  the  ex- 
tension of  said  street  car  line  as  the  public  interest  may  re- 
quire ; 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

2350.  Sec.  1.  That  the  St.  Paul  City  Railway  Company 
is  hereby  required  to  put  in  the  necessary  tracks,  wires  and 
appliances,  and  to  extend  the  line  of  street  railway  hereinabove 
mentioned,  from  the  present  terminus  thereof  on  Concord 
street,  along  and  upon  said  Concord  street  and  Concord  ave- 
nue, to  the  southerly  limits  of  the  City  of  St.  Paul,  and  to  run 
and  operate  the  cars  upon  said  line  and  over  the  same  as  so 
extended. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 


913 

PHALEN  PARK— CAR  FACILITIES. 

Ordinance  No.  2257. 
■  (Approved  February  L7,  1902.) 

2351:         An   Ordinance  relating   to    street    car    facilities   for 
Phalen  Park. 

The   Common  Council  of  the   City  of  St.   Paul  do  ordain   as 
follows : 

Sec.  1.  The  St.  Paul  City  Railway  Company,  as  provided 
in  section  five  (5)  of  Ordinance  Xo.  1686,  approved  May  16, 
1893,  is  hereby  required  forthwith  to  construct  the  necessary 
tracks  therefor  and  to  extend  its  double  track  street  railway 
line  now  terminating  at  the  intersection  of  Greenbrier  avenue 
and  Maryland  street  in  the  City  of  St.  Paul,  from  said  point 
to  Phalen  Park,  upon  and  along  the  following  route: 

From  the  intersection  of  Greenbrier  avenue  and  Mary- 
land street,  along  said  Maryland  street  to  Earl  street ;  thence 
along  Earl  street  to  Como  and  Phalen  avenue.  And  as  soon 
as  said  extension  can  be  constructed,  said  company  is  required 
to  run  and  operate  thereon  and  thereover  all  the  necessary  cars 
to  accommodate  the  public  in  going  to  and  from  said  park,  in- 
cluding all  of  the  cars  now  operated  on  its  said  ear  line  termin- 
ating at  Greenbrier  avenue  and   Maryland  street   as  aforesaid. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and   publication. 

MISSISSIPPI  AND  WEST  ST.  PAUL  RAILWAY  COM- 
PANY—EXTENSION TO  DODD  ROAD. 

Ordinance  No.  2298. 
i  Approved   Augusl   8,    L902. 1 

2352.         An  Ordinance  relating  to  the  street  car  facilities  of 
the  Sixth  Ward  of  the  City  of  St.  Paul. 

Whereas,  The  St.  Paul  City  Railwa>  Company  has  main 
tained,  and  doc-,  now  maintain,  a  single  track  streel   railway 
line  upon  Smitn  avenue,  from  King  streel  south  :  and 

Whereas,  It  is  deemed  besl  for  the  public  interests  that 
there  should  be  maintained  by  said  Streel  Car  Company  a 
double  track  streel  railway  line  upon  said  Smith  avenue. 


Ill  I 

Now,  Therefore,  the  Common  Council  of  the  City  of  St. 
I  'aul  '1"  ordain  as  follows: 

2353.  See.  1.  The  St.  Paul  City  Railway  Company,  as  pro- 
vided in  section  18  of  ordinance  No.  1227,  approved  Septem- 
ber L9,  1889,  is  hereby  required  forthwith  to  construct  the 
necessary  tracks  therefor,  and  to  extend  its  double  track  street 
railway  line  now  terminating"  at  King  street  and  Smith  ave- 
nue from  said  point  on  and  along  Smith  avenue  to  the  south- 
erly limits  of  the  City  of  St.  Paul. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

TRANSFERS— TO  BE  ISSUED  AT  RICE  STREET  AND 
UNIVERSITY  AVENUE. 

Ordinance  No.  2326. 

(Approved  November  7,  1902.) 

2354.  An  Ordinance  requiring  the  St.  Paul  City  Railway 

Company  to  issue  transfer  checks  to  street  railway 
passengers  at  the  corner  of  University  avenue  and 
Rice  street. 

The  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  the  point  of  transfer  for  passengers  riding 
in  an  easterly  direction  upon  the  Minneapolis  and  St.  Paul,  or 
Interurban,  line  of  street  railway  cars,  operated  by  the  St. 
Paul  City  Railway  Company,  from  said  line  to  the  Hamline 
and  Jackson  street  car  line  going  east,  is  hereby  fixed  and 
established  at  the  corner  of  University  avenue  and  Rice  street, 
in  the  City  of  St.  Paul,  and  the  said  St.  Paul  City  Railway 
Company  is  hereby  required  to  issue  to  any  passenger  de- 
manding the  same,  traveling  in  an  easterly  direction  upon 
said  Minneapolis  and  St.  Paul  or  Interurban  line  of  cars,  who 
has  taken  passage  thereon  at  a  point  west  of  Lexington  ave- 
nue, and  who  has  paid  one  fare  upon  said  line,  a  transfer 
check  at  the  corner  of  Rice  street  and  University  avenue,  en- 
titling said  passenger  to  continue  his  journey  upon  the  Ham- 
line  and  Jackson  street  car  line  going  east  from  said  point. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 


915 

OWL  CARS— PROVIDED  FOR. 

Ordinance  No.  2349. 

(Approved  February  IS,  1903.) 

2355.  An  Ordinance  supplemental  to  Ordinance  No.  1227, 

and  requiring  a  better  and  more  improved  service 
upon  the  different  lines  of  street  railway  operated 
by  the  St.  Paul  City  Railway  Company. 

AYhereas,  in  and  by  the  terms  of  Ordinance  No.  I&27,  and 
the  ordinances  amendatory  thereof  and  supplemental  thereto, 
i*  is  provided,  among  other  things,  that  "the  Common  Council 
may  regulate  the  speed,"  and  that  "the  coaches  and  cars  used 
by  the  grantee  therein  named  shall  be  of  the  best  modern 
style,  and  suitable  for  the  safety,  convenience  and  comfort 
of  the  passengers,"  and  that  the  said  grantee  "shall  operate 
its  said  lines  during  such  hours  of  each  day,  and  cause  cars 
to  be  operated  on  each  of  the  lines  with  such  frequency  as 
shall  reasonably  accommodate  the  traveling  public,  along  said 
lines,"  and, 

Whereas,  in  the  opinion  of  the  Common  Council  the  ser- 
vice as  now  rendered  on  the  different  lines  in  the  City  of  St. 
Paul  is  not  by  means  of  such  cars,  suitable  for  the  safet)  ,  con- 
venience and  comfort  of  the  passengers: 

Now,  therefore,  the  Common  Council  of  the  City  of  St. 
Paul  do  ordain  as  follows: 

2356.  Sec.  1.  The  St.  Paul  City  Railway  Company  is  here- 
by directed  and  required  to  operate  upon  all  its  lines  of  rail- 
way in  the  City  of  St.  Paul,  between  the  hours  of  midnighl 
and  five  o'clock  in  the  morning  of  each  day,  at  least  one  car 
each  hour. 

2357.  Sec.  2.  This  ordinance  shall  take  dint  and  be  in 
force  from  and  after  its  passage,  approval  and  publication. 

Sec.   ■'•.     [mmediately   upon    the    passage,   approval    ami 

publication  of  this  ordinance  the  City  Clerk  shall  serve  a  cer- 
tified copy  of  the  same  upon  the  St.  Paul  City  Railway  Com- 
pany. 


016 

STILLWATER    LINE— RIGHTS    FOR    HAZEL    PARK 
TRESTLE  BRIDGE. 

Ordinance  No.  2359. 
(Approved   March  21,   1903.) 

2358.  An  Ordinance  granting  permission  and  authority  to 
the  Minneapolis  &  St.  Paul  Suburban  Railway- 
Company  to  fill  in,  over  certain  land  owned  by  the 
City  of  St.  Paul,  for  the  construction  of  piers  for  a 
bridge  over  the  right  of  way  of  the  Chicago,  St. 
Paul,  Minneapolis  &  Omaha  Railway  Company, 
at  a  point  where  the  same  crosses  Hazel  avenue  in 
the  City  of  St.  Paul. 

The  Common  Council  of  the  City  of  St.   Paul  do  ordain   as 

follows  : 

Sec.  1.  That  permission  and  authority  is  hereby  granted. 
subject  to  the  terms  and  provisions  of  this  ordinance,  to  the 
Minneapolis  &  St.  Paul  Suburban  Railway  Company,  to  make 
such  fill  or  filling  as  is  necessary  for  the  construction  of  its 
bridge  over  the  right  of  way  of  the  Chicago,  St.  Paul.  Minne- 
apolis &  Omaha  Railway  Company,  at  a  point  where  the  same 
crosses  Hazel  avenue  in  the  City  of  St.  Paul,  and  also  to  make 
such  fill  and  do  such  filling  as  is  necessary  to  construct  the 
approaches  thereto  on  either  side  of  the  right  of  way  of  the 
Chicago,  St.  Paul,  Minneapolis  &  Omaha  Railway  Company, 
over  the  following  described  pieces  or  parcels  of  land  hereto- 
fore dedicated  to  the  city  of  St.  Paul  for  street  purposes  in 
and  by  the  terms  of  two  certain  deeds,  one  bearing  date  the 
20th  day  of  December,  1890,  and  made  by  William  L.  Ames 
and  Helen  F.  Ames,  his  wife,  as  parties  of  the  first  part,  to 
the  City  of  St.  Paul,  party  of  the  second  part;  the  other  bear- 
ing date  the  30th  day  of  February.  1800,  and  made  by  Lane  K. 
Stone  and  Carolyn  M.  Stone,  his  wife,  and  Walter  S.  Morton 
and  Susie  L.  Morton,  his  wife,  as  parties  of  the  first  part,  and 
the  City  of  St.  Paul  as  party  of  the  second  part.  The  said  land 
is  described  as  followrs,  to-wit : 

"The  westerly  thirty  (30)  feet  of  so  much  of  the  southeast 
quarter  of  the  northwest  quarter  (S.  E.  %  of  X.  W.  T4)  of 
section  twenty-six  (26),  township  twenty-nine   (20),  north  of 


range  twenty-two  (22)  west,  as  is  owned  by  the  parties  of  the 
first  part  or  either  thereof:  and  the  easterly  thirty  (30)  feet 
of  so  much  of  the  west  one-half  (W.  l/>)  of  the  northwest 
quarter  I  \.  W.  %  I  of  said  section  twenty-six  i  26  I  as  is  owned 
by  the  parties  of  the  first  part  or  either  thereof;"  and  that 
tract  of  land  "beginning  at  the  point  where  the  northerly  line 
of  the  right  of  way  of  the  railway  of  the  Chicago,  St.  Paul, 
Minneapolis  &  Omaha  Railway  Company  intersects  the  east 
line  of  the  X'.  W.  '4  of  the  X.  W.  J4,  section  No.  26,  town- 
ship 29,  north  of  range  22  west,  thence  north  on  the  said  east 
line  of  the  said  X.  \Y.  '4  of  the  X.  W.  '4.  a  distance  of  466.95 
feet  to  a  point,  thence  west  at  right  angles  to  the  line  last  de- 
scribed, a  distance  of  thirty  (30)  feet,  thence  south  on  a  line 
drawn  parallel  with  that  on  the  west  side  of  it  and  thirty  (30) 
feet  distant  from  the  said  east  line  of  the  said  X.  W.  %  of  the 
X.  W.  '4  to  the  said  northerly  line  of  the  right  of  way  of  said 
railway  company,  thence  eastwardly  along  said  northerly 
line  of  the  right  of  way  to  the  place  of  beginning." 

2359.  Sec.  2.  All  of  the  filling  authorized  by  the  terms  of 
this  ordinance  shall  he  satisfactory  to  the  Commissioner  of 
Public  Works  of  the  City  of  St.  Paul,  and  shall  he  construed 
to  be  in  aid  of  the  easement  of  the  City  of  St.  Paul  heretofore 
acquired  in  the  property  hereinabove  described  for  street  pur- 
poses, and  the  City  of  St.  Paul  hereby  reserves  the  right  t" 
at  any  time  devote  so  much  of  said  property  as  may  he  neces 
sary  to  street  purposes,  according  to  the  terms  and  provisions 
of  the  deeds  hereinabove  referred  to. 

2360.  Sec.  3.  The  Minneapolis  X  St.  Paul  Suburban  Rail- 
way Company  in  ami  b)  the  terms  of  this  ordinance,  and  as 
tin-  assignee  of  the  grantors  in  the  deeds  hereinabove  recited. 
expressly  waives  any  and  all  claim  t"  thr  said  strips  or  parcels 
of  land  hereinabove  recited,  excepl  as  such  rights  ma\  be 
granted  by  the  terms  of  Ordinance  No,  1246  of  the  General 
Ordinances  of  the  City  of  St.  Paul  and  the  terms  and  pro 
visii '!i-  1  <\  this  1  trdinam  1 

2361.  See.   1.     Before  tin-  ordinance  becomes  valid  and  op 
erative,  the  said   Minneapolis  X  St.   Paul  Suburban   Railway 
Company  shall,  and  it  is  hereby  required  to,  tile  in  the  office  of 


918 

the  City  Clerk  of  the  City  of  St.  Paul  its  written  acceptance  of 
the  terms  and  provisions  hereof,  in  a  form  satisfactory  to  the 
Corporation  Attorney  of  said  city. 

Sec.  5.     This  ordinance  shall  take  effect  and  he  in  force 
from  and  after  its  passage,  approval  and  publication. 

SIBLEY    STREET    LOOP— AMENDING    ORDINANCE 

1956. 

Ordinance  No.  2361. 

(Approved  April  17,  1903.) 

2362.  An  Ordinance  to  amend  Ordinance  No.  1956,  entitled 
"An  Ordinance  requiring  and  directing  The  St. 
Paul  City  Railway  Company  to  furnish,  equip,  con- 
struct, maintain  and  operate  new  lines  of  street  rail- 
way in  the  City  of  St.  Paul,  Minnesota,  and  to  con- 
struct additional  lines  of  street  railway  track  and 
to  make  certain  changes  in  the  operation  of  its 
lines  of  street  railway  in  the  City  of  St.  Paul, 
Minnesota,"  approved  September  23,  1897,  and  to 
prohibit  the  construction  or  operation  of  any  lines 
of  street  railway  upon  Third  street  in  the  City  of 
St.  Paul,  between  Sibley  and  Wacouta  streets. 

The   Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  Section  1  of  Ordinance  No.  1956  of  the  City 
of  St.  Paul,  entitled  "An  Ordinance  requiring  and  directing 
The  St.  Paul  City  Railway  Company  to  furnish,  equip,  con- 
struct, maintain  and  operate  new  lines  of  street  railway  in 
the  City  of  St.  Paul,  Minnesota,  and  to  construct  additional 
lines  of  street  railway  track  and  to  make  certain  changes  in  the 
operation  of  its  lines  of  street  railway  in  the  City  of  St.  Paul, 
Minnesota,"  approved  September  23,  1897,  be  and  the  same  is 
hereby  amended  by  striking  out  all  permission,  authority,  or- 
ders and  requirements  therein  contained,  directed  to  The  St. 
Paul  City  Railway  Company  to  construct,  maintain  or  operate 
any  new  line  or  lines  of  street  railway  track  upon  or  along 
Third  street,  in  said  City  of  St.  Paul,  between  Sibley  and  Wa- 
couta streets. 


919 

2363.  Sec.  2.  That  all  permission  and  authority  heretofore 
given  or  granted  to  The  St.  Paul  City  Railway  Company  to 
construct,  maintain  or  operate  any  line  or  lines  of  street  rail- 
way in,  upon  or  along  Third  street  in  the  City  of  St.  Paul,  be- 
tween Sibley  and  Wacouta  streets,  be  and  the  same  is  here- 
by repealed,  revoked  and  annulled,  and  no  such  line  or  lines 
of  track  shall  be  hereafter  constructed,  maintained  or  oper- 
ated upon  that  portion  of  Third  street  hereinbefore  described, 
unless  permission  so  to  do  is  hereafter  given  and  granted  by 
the  Common  Council  of  said  city.     A 

2364.  Sec.  3.  That  immediately  upon  the  approval  and 
publication  of  this  ordinance,  the  City  Clerk  of  said  city  is 
hereby  directed  to  serve  a  copy  of  this  ordinance  upon  said 
St.  Paul  City  Railway  Company. 

Sec.  4.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

JACKSON     STREET     LINE— ADDITIONAL     DOUBLE 

TRACK. 

Ordinance  No.  2379. 
(Approved  May  23,  1903.) 

2365.  An   Ordinance   supplemental    to    an    ordinance    No. 

1227,   entitled  "An   Ordinance  authorizing  the  St. 
Paul   City  Railway   Company  to  construct,   equip, 
maintain   and   operate   street   railway   lines   in   the 
City  of  St.  Paul,"  approved  September  19,  1889. 
The  Common  Council  of  the  City  of  St.   Paul  '1"  ordain  as 

follows : 
1  Sec.  I.  The  St.  Paul  City  Railway  Company,  as  provided 
in  Section  18  of  Ordinance  No.  L227,  approved  September  19, 
L889,  is  hereby  required  forthwith  to  construe!  the  necessary 
tracks  therefor  and  to  extend  its  double  track  streel  railway 
line,  now  terminating  on  Jackson  streel  al  the  intersection  of 
Grove  streel  therewith,  from  said  poinl  on  and  along  Jackson 
street   and    Fairview   street    to   tin-   intersection   of    Fairview 

street    w  ith    Mt.    Airy    street. 

Sec.  '..     This  ordinance  shall  take  effed  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 


920 

PHALEN  PARK  LINE. 
Ordinance  No.  2368. 

I  Approved  April  IT,  1903.) 

2366.         An   Ordinance  relating    to    street    car    facilities  for 
Phalen  Park,  in  the  City  of  St.  Paul. 

Whereas,  Jn  and  by  the  terms  of  Section  5  of  Ordinance 
No.  L686  of  the  general  ordinances  of  the  City  of  St.  Paul,  ap- 
proved May  16,  1893,  the  St.  Paul  City  Railway  Company  was 
required  to  extend  its  lin#  of  street  cars  now  terminating  at 
the  intersection  of  Greenbrier  and  Maryland  streets,  in  said 
City,  as  a  double  track  line  from  said  point  to  Phalen  Park, 
as  follows :  From  the  intersection  of  Greenbrier  avenue  and 
Maryland  street  along  said  Maryland  street  to  Earl  street; 
thence  along  Earl  street  to  Lake  Como  and  Phalen  avenue; 
and 

A\ "hereas,  A  subsequent  agreement  has  been  made  by  and 
between  the  said  St.  Paul  City  Railway  Company  and  the  City 
of  St.  Paul,  acting  by  and  through  its  Board  of  Park  Com- 
missioners, consenting  that  said  route  shall  be  changed  so  as 
to  read  :  "Along  said  Maryland  street  to  Forest  street ;  thence 
along  Forest  street  to  Lake  Como  and  Phalen  avenue,"  now 
therefore 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

2367.  Sec.    1.     The    St.    Paul    City    Railway   Company,    as 

provided  in  Section  5  of  Ordinance  Xo.  1686  of  the  general 
ordinances  of  the  City  of  St.  Paul,  approved  May  1G,  1893,  be, 
and  it  is  hereby  required,  ordered  and  directed  to  construct 
forthwith  the  necessary  tracks  therefor  and  to  extend  its 
double  track  street  railway  line,  now  terminating  at  the  inter- 
section of  Greenbrier  avenue  and  Maryland  street,  in  the 
City  of  St.  Paul,  from  said  point  to  Phalen  Park,  upon  and 
over  the  following  route,  to-wit:  From  the  intersection  of 
Greenbrier  avenue  and  Maryland  street  along  said  Maryland 
street  to  Forest  street;  thence  along  Forest  street  to  Lake 
Como  and  Phalen  avenue.  And  as  soon  as  said  extension  can 
be  constructed,  said  Company  is  required  to  run  and  operate 
thereon  and  thereover  all  the  necessary  cars  to  accommodate 


92] 

the  public  in  going  to  and  from  said  Park,  including  all  the 
cars  now  operated  on  its  said  line  terminating  at  Greenbrier 
avenue  and  .Maryland  street,  as  aforesaid. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

CONCORD  STREET  LINE. 

Ordinance  No.  2394. 
(Approved  August  20,  1903.) 

2368.  An  Ordinance  providing  for  an  extension  of  the  Con- 

cord street  car  line  in  the  City  of  St.  Paul. 

Whereas,  By  section  1  of  Ordinance  No.  1227,  of  the  City 
of  St.  Paul,  approved  Sept.  19,  1889,  the  St.  Paul  City  Railway 
Company  is  authorized  and  required  to  construct,  maintain 
and  operate  by  electricity,  a  double  track  line  of  street  cars, 
commencing  at  the  intersection  of  Robert  street  and  Fifth 
street  in  said  city,  thence  on  Robert  street  to  the  Robert  street 
bridge,  thence  across  the  same  and  along  South  Robert  street 
to  Concord  street,  thence  on  Concord  street  to  a  point  near 
Arthur  avenue,  and  said  Company  is  now  engaged  in  operating 
the  car  line  above  mentioned;  and 

Whereas,  By  section  18  of  said  Ordinance  \<>.  L227,  the 
Common  Council  has  reserved  the  right,  and  is  vested  with 
the  power,  tO  order  the  extension  of  said   -tree!   ear  line  as   the 

public  interests  may  require;  and 

Whereas,   \  sewer  has  been  constructed  and  is  now  in  use 

upon   thai   portion  of  Concord   street    hereinafter  described,  and 

the  Common  Council  deems  thai  the  public  interests  of  said 
city  require  the  extension  of  said  street  car  line  as  hereinafter 
ordered  :  therefi  »re, 

The  Common  Council  of  the  Cit)  of  St.  Paul  do  ordain  a 

f<  ill'  iws : 

2369.  See.  I.     Thai  the  St  Paul  City  Railway  Company  be 
and  it  is  hereby  ordered  and  required  to  provide  and  put   in 
tin-  necessary  tracks,  wires  and  appliance    th<  r<  for,  and  to  ex 
tend  the  line  of  streel  railuav  hereinabove  mentioned,  now  be 
ing  operated  upon  Concord  streel  in  said  city  from  the  pics- 


922 

cut  terminus  thereof  on  Concord  street,  along  and  upon  said 
Concord  street  to  Lucy  street,  and  to  run  and  operate  cars 
upon  said  line  and  over  the  same,  as  so  extended,  with  double 
tracks  the  same  as  upon  the  balance  of  said  line,  and  in  con- 
nection with  and  as  a  part  thereof,  and  to  so  construct,  equip 
and  commence  the  operation  thereof  within  the  time  provided 
for  in  said  Ordinance  No.  1227. 

2370.  Sec.  2.  The  City  Clerk  of  said  City  is  hereby  di- 
rected to  serve  a  copy  of  this  ordinance  upon  said  St.  Paul 
City  Railway  Company  forthwith  upon  its  passage  and  publi- 
cation. 

Sec.  3.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 


STRYKER  AVENUE  LINE. 

Ordinance  No.  2445. 

(Approved  May  13,  1901.) 

2371.  An  Ordinance  relating  to  the  Stryker  avenue  street 

car  line. 

The  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  the  St.  Paul  City  Railway  Company  forth- 
with upon  the  passage,  approval  and  publication  of  this  ordi- 
nance and  the  service  upon  it  of  a  copy  thereof,  is  hereby  or- 
dered and  required  to  run  and  operate  its  street  cars  in  either 
direction  upon  its  Stryker  avenue  line,  so  called,  at  intervals 
of  not  exceeding  twenty  minutes  between  cars,  between  the 
hours  of  half  past  six  in  the  morning  and  nine  o'clock  in  the 
evening,  of  each  day,  until  the  further  order  of  the  Common 
Council. 

2372.  Sec.  2.  That  the  City  Clerk  is  hereby  directed  and 
required  to  serve  a  copy  of  this  ordinance  upon  said  St.  Paul 
City  Railway  Company  forthwith  upon  its  passage  and  publi- 
cation. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 


9.23 

SELBY  AVENUE  LINE. 

Ordinance  No.  2447. 
(Approved  May  24,  1904.) 

2373.  An  Ordinance  relating  to  the  Selby  avenue  street  car 

line,  known  as  the  Merriam  Park  line. 

The   Common  Council  of  the   City  of  St.  Paul  do  ordain  as 

follows : 

Sec.  1.  That  forthwith  upon  the  passage  and  service  up- 
on it  of  a  copy  of  this  ordinance,  the  St.  Paul  City  Railway 
Company  be  and  it  is  hereby  ordered  and  required  to  run  and 
operate  the  cars  upon  its  Selby  avenue  line,  from  Fourth 
street  and  Broadway,  through  to  University  avenue  at  Mer- 
riam Park,  at  intervals  of  not  exceeding  ten  minutes  between 
cars  in  either  direction,  between  the  hours  of  6:30  in  the 
morning  and  8  o'clock  in  the  evening  of  each  day,  until  the 
further  order  of  the  Common  Council. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication,  and  the 
City  Clerk  is  directed  to  forthwith  serve  a  copy  thereof  upon 
said  St.  Paul  City  Railway  Company. 

CARS  TO  STOP  DURING  FIRE. 

Ordinance  No.  2472. 

i  Approved  October  :.  L9040 

2374.  An  Ordinance  relating  to  the  St.  Paul  City  Railway 

Company. 

The-  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows  : 

See.  I.  Thai  each  and  ever)  motorman  in  the  employ  ''i 
the  -aid  St.  Paul  City  Railwa)  Company,  in  charge  "i"  any  <>t 
tin-  streel  <-ars  belonging  t<>  said  St.  Paul  City  Railway  Com 
pany,  while  on  the  streets  of  the  •-aid  City  of  St.  Paul,  shall 
immediately  upon  seeing  any  of  tin-  fire  apparatus  of  said  city 
responding  to  any  fire  alarm  upon  the  streel  oi  said  ^"i; 
St.  Paul,  bring  to  a  stop  the  car  or  cars  under  his  control.  In 
the  evenl  that   said  fire  apparatus  shall  he  approaching  said 


car  or  cars  on  the  same  street,  said  motorman  shall  not  operate 

or  start  any  of  said  cars  until  all  of  the  fire  apparatus  shall 
have  passed.  In  the  event  that  said  fire  apparatus  shall  he 
approaching  said  ear  or  cars  on  a  cross  street,  said  motorman 
shall  not  operate  or  start  any  of  said  cars  until  all  of  the  fire 
apparatus  shall  have  crossed  the  street  upon  which  any  of 
said  cars  arc  then  operating. 

2375.  Sec.  2.  The  St.  Patil  City  Railway  Company  is  here- 
by  directed  and  required  to  stop  any  and  all  of  the  cars  oper- 
ated or  to  be  hereafter  operated  on  any  of  the  street  railway 
lines  in  said  City  of  St.  Paul,  at  the  times  and  places  and  in  the 
manner  hereinafter  indicated,  as  follows :  All  cars  going  west 
on  Fifth  street  shall  be  brought  to  a  stop  on  the  easterly  side 
of  Rosabel  street,  on  the  easterly  side  of  Minnesota  street  and 
on  the  easterly  side  of  Cedar  street.  All  cars  going  west  on 
Seventh  street  shall  be  brought  to  a  stop  on  the  easterly  side 
of  Minnesota  street,  on  the  easterly  side  of  Cedar  street  and 
on  the  easterly  side  of  Sixth  street.  All  cars  going  east  on 
Fifth  street  shall  be  brought  to  a  stop  on  the  westerly  side  of 
Minnesota  street  and  on  the  westerly  side  of  Cedar  street  and 
on  the  westerly  side  of  Rosabel  street.  All  cars  going  east  on 
Seventh  street  shall  be  brought  to  a  stop  on  the  westerly  side 
of  Minnesota  street,  on  the  westerly  side  of  Cedar  street  and 
on  the  westerly  side  of  Sixth  street.  All  cars  going  west  on 
Eighth  street  shall  be  brought  to  a  stop  on  the  easterly  side 
of  Minnesota  street.  All  cars  going  south  on  Jackson  street 
shall  be  brought  to  a  stop  on  the  northerly  side  of  Eighth 
street  and  on  the  northerly  side  of  Sixth  street.  All  cars  go- 
ing north  on  Jackson  street  shall  be  brought  to  a  stop  on  the 
southerly  side  of  Sixth  street  and  on  the  southerly  side  of 
Eighth  street.  All  cars  going  west  on  Selby  avenue  shall  be 
brought  to  a  stop  on  the  westerly  side  of  Mackubin  street.  All 
cars  going  east  on  the  Selby  avenue  line  shall  stop  on  the  west- 
erly side  of  Mackubin  street.  All  cars  going  north  and  south 
on  Broadway  shall  be  brought  to  a  stop  on  the  northerly  side 
of  Tenth  street.  All  cars  going  north  on  Robert  street  shall 
stop  on  the  south  side  of  Sixth  street  and  on  the  south  side  of 
Eighth  street.  All  cars  going  east  on  Third  street  shall  stop 
seventv-five  feet  west  of  street  car  tracks  at  Seven  Corners. 


925 

All  cars  going  east  on  Seventh  street  shall  also  stop  seventy- 
five  feet  south  of  street  car  tracks  at  Seven  Corners.  All  cars 
going  west  on  Fourth  street  shall  also  stop  on  the  easterly 
side  of  Minnesota  street  and  on  the  easterly  side  of  Cedar 
street,  and  all  cars  going  east  on  Fourth  street  shall  also  stop 
on  the  westerly  side  of  Cedar  street  and  on  the  westerly  side 
of  Minnesota  street.  All  cars  operating  on  Lafayette  avenue 
shall  be  brought  to  a  stop  seventy-five  feet  east  of  Broadway  ; 
provided,  however,  that  in  no  event  shall  the  St.  Paul  City 
Railway  Company  bring  to  a  stop  any  of  the  cars  now  oper- 
ated or  to  be  hereafter  operated,  in  front  of  any  of  the  fire 
engine  houses  in  the  City  of  St.  Paul. 

2376.  Sec.  3.     Any  person  who  shall  violate  any  of  the  pro- 
visions of  this  ordinance  shall  be  deemed  guilty  of  a  misde 
meanor  and  upon  conviction  thereof  shall  be  punished   by   a 
tine  bf  not  more  than  One  Hundred  Dollars  or  by  imprison 
ment  not  exceeding  thirty  days  for  each  offense. 

Sec.  5.  this  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

REPEAL  OF  ORDINANCES  NOS.  2368,  2257  AND  2252. 

Ordinance  No.  2501. 

(  Approved   March  2  I.    L905. 1 

2377.  An    Ordinance   repealing    certain   ordinances   of    the 

City  of  St.  Paul  heretofore  passed  relating  to  the 
extension  of  certain  street  railway  lines. 

'I'he  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows  : 

See.  1.  Thai  Ordinance  numbered  2368,  being  Board  File 
Xo.  17218,  entitled  "An  ordinance  relating  to  streel   cai   facili 

for  Phalen  Park  in  the  City  of  St.  Paul,"  passed  b)  the 
Board  of  Aldermen  April  i.  1903,  and  by  the  ^.ssembl)  Vpril 
l»;,  inn;;,  and  approved  April  L7,  Mm:;,  be  and  the  same  is  here 

by  repealed. 

2378.  See.  2.  'That  (  Irdinance  numbered  2257,  being  I '.-.ml 
File  No.  L5045,  entitled  "An  Ordinance  relating  to  streel  cai 
facilities  for  Phalen  Park,"  passed  by  the  Board  of  Aldermen 


92G 

Jan.  81,  L902,  and  by  the  Assembly  Feb.  13,  1902,  and  ap- 
proved Feb.  17,  1902,  be  and  the  same  is  hereby  repealed. 

2379.  Sec.  3.  That  Ordinance  numbered  2252,  being 
Board  Kile  No.  15043,  entitled  "An  Ordinance  providing  for 
the  extension  of  the  Concord  street  line  in  the  City  of  St. 
Paul,"  passed  by  the  Board  of  Aldermen  Jan.  21,  1902,  and  by 
the  Assembly  Feb.  6,  1902,  and  approved  Feb.  8,  1902,  be  and 
the  same  is  hereby  repealed. 

Sec.  4.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 


COMO  INTERURBAN  LINE. 

Ordinance  No.  2507. 

(Approved  April  11,  1905.) 

2380.         An  Ordinance  to  regulate  service  on  the  Como-In- 
terurban  street  car  line. 

The  Common  Council  of  the  City  of  St. ,  Paul  do  ordain  as 

follows : 

Sec.  1.  That  hereafter  and  until  the  further  order  of  the 
Common  Council,  the  St.  Paul  City  Railway  Company  is  here- 
by ordered  and  required,  between  the  hours  of  6  and  9  o'clock 
a.  m.  and  between  the  hours  of  4  and  8  o'clock  p.  m.  of  each 
day.  to  run  and  operate  cars  upon  its  Como-Interurban  street 
car  line,  so-called,  in  the  City  of  St.  Paul,  at  intervals  of  not 
exceeding  seven  minutes  between  cars  in  either  direction  upon 
said  line,  and  not  to  exceed  fifteen  minutes  apart  during  the 
remaining  hours  of  each  day. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication,  and  the 
City  Clerk  is  directed  forthwith  to  serve  a  copy  thereof  on 
said  St.  Paul  City  Railway  Company. 


927 

SAME. 
Ordinance  No.  2523. 

(Approved  June  2-i,  1905.) 

2381.  An  Ordinance  to  regulate  service  on  the  Como-Har- 
riet  Interurban  street  car  line,  and  for  the  repeal 
of  Ordinance  No.  2507. 

The   Common   Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  hereafter  and  until  the  further  order  of  the 
Common  Council,  the  St.  Paul  City  Railway  Company  is  here- 
by ordered  and  required  to  run  and  operate  cars  in  either 
direction  upon  and  over  its  Como-Harriet  [nterurban  street 
car  line,  so-called,  within  the  limits  of  the  City  of  St.  l'anl,  ac- 
cording to  the  following  time  schedule,  viz:  Between  the 
hours  of  six  and  nine  o'clock  A.  M.  of  each  day,  at  intervals 
not  exceeding  ten  minutes  between  cars  ;  between  the  hours  of 
nine  o'clock  A.  M.,  and  four  o'clock  P.  M.  of  each  day,  at  in- 
tervals of  not  exceeding  fifteen  minutes  between  cars;  and  be- 
tween the  hours  of  four  ami  eight  o'clock  P.  M.  of  each  day, 
at  intervals  not  exceeding  ten  minutes  between  cars;  and  be- 
tween the  hours  of  eight  o'clock  P.  M.  and  twelve  o'clock  mid- 
night of  each  day,  at  intervals  of  not  to  exceed  fifteen  minutes 
between  cars  in  either  direction;  and  between  midnighl  and 
six  o'clock  the  next  morning  of  each  day  to  maintain  not  less 
than  the  present  service  for  the  same  hours  on  said  line. 

2382.  Sec.  2.     The  City  Clerk  is  directed  to  serve  a  cop)  of 

this    ordinance    upon    -aid     Si.     l'anl    City     Railway     Company 

forthwith  upon  its  approval  and  publication. 

2383.  Sec.  3.  That  Ordinance  X".  2507,  approved  April 
1 1.  1905,  is  hereby  repealed. 

Sec.    I.      That    this   ordinance    shall    take    effed    and    !"■    in 

force  from  and  after  ten  days  from  the  dale  of  its  passage,  ap- 
proval, publication  and  service  of  a  copy  thereof  upon  said 
company  as  hereinbefore  required. 


92,8 

RESOLUTION  OF  THE  COUNCIL. 
i  Approved  February  L7,  L897.) 

2384.  \\  hereas,  By  Section  9  of  Ordinance  No.  1227,  of  the 
City  of  St.  Paul,  provision  is  made  as  Follows: 

"The  St.  Paul  City  Railway  Company  shall  at  all  limes 
keep  so  much  of  the  streets  occupied  by  its  lines  of  railway  as 
ma\  lie  between  the  rails  of  each  track  and  between  the  lines 
of  double  track,  and  for  a  space  of  two  feet  outside  of  the 
track  or  tracks  cleaned  and  in  good  repair,  and  shall  cause  the 
snow  to  be  removed  so  as  to  afford  a  safe  and  unobstructed 
passage-way  for  sleighs  and  wagons,  and  within  twenty-four 
hours  of  the  snowfall  in  each  instance,  and  the  repairs  and 
removal  of  the  snow  shall  be  done  to  the  satisfaction  of  the 
Common  Council  or  such  person  or  persons  as  may  have  su- 
pervision of  the  streets  of  the  City  of  St.  Paul,  and  at  the  cost 
and  expense  of  said  Company,  and  in  case  of  any  failure  to 
comply  with  the  above  provisions  the  City  Engineer  shall 
cause  such  snow  to  be  removed  and  the  track  kept  in  repair 
as  aforesaid  and  the  expense  thereof  shall  be  charged  to  and 
collected  from  said  St.  Paul  City  Railway  Company ;"  and. 

Whereas,  Said  Company  has  failed  and  neglected  to  cause 
to  be  removed  the  snow  from  the  streets  occupied  by  the 
tracks  of  said  Company  as  recpiired  by  the  terms  of  said  ac- 
tion ;  now  therefore,  be  it 

2385.  Resolved.  That  the  St.  Paul  City  Railway  Company 
be  and  it  is  hereby  recptired  to  cause  the  snow  to  be  removed 
from  the  streets  occupied  by  the  tracks  of  said  Company,  as 
provided  by  the  terms  of  said  section,  and  is  also  required  to 
remove  from  any  of  such  streets  any  and  all  obstructions  of 
snow  along  the  lines  of  such  streets  where  such  obstructions 
are  caused  in  whole  or  in  part  by  the  piling  of  snow  on  said 
streets  by  said  St.  Paul  City  Railway  Company  in  the  removal 
of  the  -now  from  the  space  on  said  streets  occupied  by  the 
tracks  of  said  Company,  all  of  the  same  to  be  removed  within 
twenty-four  hours  of  the  snowfall  in  each  instance,  the  same 
tc  be  removed  to  the  satisfaction  of  the  City  Engineer  of  the 
City  of  St.  Paul,  it  being  the  intent  of  this  resolution  that  the 
snow  should  be  removed  from  all  such  streets,  and  such  por- 


929 

tions  of  such  streets  as  shall  be  indicated  by  the  City  Engi- 
neer of  the  City  of  St.  Paul  so  that  there  shall  be  afforded  on 
the  streets  so  indicated  by  him  a  safe  and  unobstructed  pass- 
age-way for  sleighs  and  wagons. 

2386.  Resolved,  further.  That  the  City  Clerk  be  and  he  is 
hereby  instructed  to  cause  to  be  served  upon  the  St.  Paul  City 
Railway  Company  immediately  upon  the  publication  of  this 
resolution,  a  copy  of  the  same. 

2387.  Resolved,  further,  That  the  City  Engineer  be  and  he 
is  hereby  required  to  indicate  to  the  St.  Paul  City  Railway 
Company  immediately  upon  the  taking  effect  of  this  resolu- 
tion the  streets  and  portions  of  streets  from  which  it  is  neces- 
sary to  remove  the  snow,  as  herein  provided. 

2388.  Resolved,  further.  That  in  case  the  St.  Paul  City 
Railway  Company  shall  fail  or  neglect  to  remove  such  snow 
within  twenty-four  hours  of  the  snowfall  in  each  instance, 
then  and  in  that  case  the  City  Engineer  shall  cause  the  same 
to  be  removed  at  the  expense  of  such  company,  and  the  City 
Engineer  shall  keep  an  accurate  account  of  the  cost  of  such 
removal  and  shall  report  the  same  to  the  City  Council. 

2389.  Resolved,  further.  That  the  City  Engineer  be,  and  he 
is  hereby  instructed,  to  report  to  the  Corporation  Attorney 
tin-  cost  of  the  removal  of  the  snow  heretofore  removed  by  the 
City  from  streets  and  portions  of  streets  in  the  City  which 
should  have  been  removed  by  the  said  railway  company  in 
case  the  same  had  been  removed  a--  contemplated  for  the  re- 
moval  of    snOW   in    tlie    future   by    the   terms   of   this   resolution, 

and  tin-  Corporation  Attorney  be  and  he  is  hereby  instructed 
to  make  demand  upon  the  City  I\ai1\v:i\  Company  for  the  pay- 
ment of  such  sum  to  the  City,  and  in  case  said  Company  shall 
fail  to  pay  the  same  to  institute  proper  proceedings  for  the 

collection    thereof. 


930 

RESOLUTION  OF  THE  COUNCIL. 

(Approved  December  9,  189S.) 

2390.  Resolved,  That  the  St.  Paul  Railway  Company  is 
hereby  required  to  stop  all  cars  running  in  a  northerly  direc- 
tion on  the  Fourth  street  and  Selby  avenue  line  at  Seven  Cor- 
ners, at  a  point  immediately  south  of  the  lines  on  Seventh, 
and  before  crossing  the  street  car  tracks,  on  said  Seventh 
street,  and  also  all  cars  running  in  a  southerly  direction  on 
said  Fourth  street  and  Selby  avenue  line  at  Seven  Corners, 
at  a  point  immediately  north  of  said  Seventh  street  and  be- 
fore crossing  the  street  car  tracks  on  said  Seventh  street,  for 
the  purpose  of  receiving  and  discharging  passengers  at  each 
of  said  points,  and  to  prevent  danger  of  collision  with  cars  on 
said  Fourth  street  and  Selby  avenue  line  and  the  said  Seventh 
street  lines. 

RESOLUTION  OF  THE  COUNCIL. 

(Approved  January  9,  1899.) 

2391.  Resolved,  That  the  St.  Paul  City  Railway  Company 
is  hereby  directed  and  required  to  stop  all  cars  operated 
around  the  new  Union  Depot  loop  on  Sibley  street  immedi- 
ately north  of  Third  street  for  the  purpose  of  taking  on  pass- 
engers, and  that  the  City  Clerk  serve  a  copy  of  this  resolution 
on  said  Company  forthwith. 

RESOLUTION  OF  THE  COUNCIL. 

(Approved  May  2G.  1902.) 

2392.  A  resolution  authorizing  a  change  in  the  operation 

of  the  Union  Depot  loop,  so-called,  under  Ordi- 
nance No.  1956  of  the  City  of  St.  Paul,  passed  by 
the  Assembly  September  16th,  1897,  and  by  the 
Beard  of  Aldermen  September  21st,  1897,  and  ap- 
proved September  23rd,  1897. 

Whereas,  The  Common  Council  of  the  City  of  St.  Paul 
did  by  Ordinance  Xo.  1956,  passed  by  the  Assembly  of  the 
City  of  St.   Paul  on  the  16th  day  of  September.  189".  and  by 


931 

the  Board  of  Aldermen  on  the  21st  day  of  September,  1897i 
and  approved  on  the  33rd  day  of  September,  1897,  authorize 
and  direct  the  St.  Paul  City  Railway  Company,  its  successors 
or  assigns,  to  construct  certain  additional  lines  of  street  rail- 
way therein  described,  on  Third  street  and  Sibley  street,  and 
to  connect  the  same  with  certain  other  lines  of  said  St.  Paul 
City  Railway  Company  therein  referred  to,  and  when  so  con- 
structed to  operate  certain  lines  of  street  railway  over  the 
same ;  and, 

Whereas,  Said  St.  Paul  City  Railway  Company  did  there- 
after construct  said  lines  as  authorized  and  required  by  said 
ordinance,  and  has  since  been  operating"  over  the  same  cars 
known  and  described  as  the  "Union 'Depot  Loop  cars,"  by  be- 
ginning at  the  intersection  of  Robert  street  and  Fifth  street, 
thence  proceeding  southerly  on  Robert  street  to  Third  street, 
thence  easterly  on  Third  street  to  Sibley  street,  thence  north- 
erly on  Sibley  street  to  Fifth  street,  thence  westerly  on  Fifth 
street  to  Robert  street,  thence  northerly  on  Robert  street  to 
Eighth  street,  thence  westerly  on  Eighth  street  to  Wabasha 
street,  thence  southerly  on  Wabasha  street  to  Fifth  street, 
thence  easterly  on  Fifth  street,  and, 

Whereas,  The  said  Union  I  )epot  loop  cars,  as  so  operated, 
connect  with  or  cross  all  of  the  lines  of  street  railway  operated 
by  said  St.  Paul  City  Railway  Company  into  the  central  por 
lion  of  the  City  of  St.  Paul,  thus  making  the  Union  Depol 
Loop,  so-called,  a  connection  with  each  and  all  of  the  lines  of 
streel    railway   so  operated   by    said    Si.    Paul    City    Railway 

C<  >n i pa n y  :  and, 

2393.  Whereas,  The  -aid  means  of  making  Union  Depol 
connections  is,  in  the  opinion  of  the  Common  Council,  more 
practical  and  feasible  than  as  provided  ami  authorized  in  said 
Ordinance  No.  1956;  now.  therefore,  he  it 

Resolved,  By  the  Common  Council  of  the  Cit)  ><\  St.  Paul, 
thai   -aid  St.  Paul  City  Railway  Company,  il  and 

nd  it  i-  hereby  relieved  from  operating  the  cars 
forming  the  Grand  avenui  line,  o-called,  the  Hamline  line, 
so-called,  the  Lafayette  and  Rondo  line,  so-called,  and  the 
Mississippi  and   West   St.   Paul  line,  so-called,  in  the  mannei 


932 

designated  in  said  (  Ordinance  No.  L956;  and  each  and  all  of  the 
rs  on  said  linos  may  be  operated  as  the  same  are  now  being 
operated  by  said  St.  Paul  City  Railway  Company;  and  that 
the  operation  of  said  Union  Depot  Loop  cars,  so-called,  around 
and  over  the  route  herein  described  shall  be  deemed  a  full 
compliance  with  the  terms  and  provisions  of  said  Ordinance 
No.  L956,  so  far  as  the  same  relates  to  the  operation  of  cars 
oVer  the  additional  lines  therein  required  and  authorized  to 
be  constructed,  so  long  as  said  St.  Paul  City  Railway  Com- 
pany, its  successors  and  assigns,  shall  continue  to  operate  said 
Union  Depot  Loop  cars. 

This  resolution  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

RESOLUTION  OF  THE   COUNCIL. 

(Approved  February  18,  1905.) 

2394.  Resolved.  That  the  St.  Paul  City  Railway  Company 
be  and  it  is  hereby  ordered  and  required  to  issue  transfers  to 
passengers  on  its  Como  interurban  line  which  shall  be  good 
upon  any  connecting  or  intersecting  line  at  any  point,  at  the 
option  of  the  passenger,  between  the  corner  of  Como  avenue 
and  Rice  street  and  the  corner  of  Fifth  and  Robert  streets, 
and  it  is  likewise  ordered  and  required  to  issue  transfers  to 
passengers  upon  its  University  interurban  line,  good  at  any 
point,  at  the  option  of  the  passenger,  between  the  corner  of 
Rice  and  University  avenue  and  the  corner  of  Fifth  and  Rob- 
ert streets,  upon  any  connecting  or  intersecting  line. 

RESOLUTION     OF    THE     COUNCIL     DETERMINING 

RIGHTS  AS  BETWEEN  CITY  OF  ST.  PAUL  AND 

RAILWAY  CO. 

(Approved  March  2,  1905.) 

2395.  Whereas,  An  action  has  been  brought  in  the  Circuit 
Conn  of  the  United  States  for  the  District  of  Minnesota, 
Third  Division,  wherein  the  St.  Paul  City  Railway  Company 
is  complainant  and  the  City  of  St.  Paul  is  respondent,  in  which 
said  action  a  decree  has  been  rendered  and  entered  of  date 
March   1,   1905,  in  favor  of  said  complainant  and  against  the 


933 

respondent,  and  in  consideration  of  the  matters  hereinaftel 
stated,  it  is  deemed  advantageous  to  both  parties  that  further 
litigation  should  cease  ;  therefore,  be  it 

2396.  Resolved,  by  the  Common  Council  of  the  City  of 
St.  Paul : 

That  in  consideration  of  said  St.  Paul  City  Railway  Com- 
pany fully  and  faithfully  keeping  and  performing  all  of  the 
conditions  and  stipulations  hereinafter  set  forth,  the  City  of 
St.  Paul  will  not  take  or  prosecute  any  appeal  from  the  de- 
cree named  in  the  preamble  of  this  resolution,  but  will  allow 
the  same  to  remain  and  be  final,  without  costs  or  disburse- 
ments to  either  party. 

2397.  That  in  consideration  of  said  city  waiving  its  right  of 
appeal  from  said  decree  as  above  set  forth,  said  St.  Paul  City 
Railway  Company  agrees  to  and  shall,  under  its  present  rights 
and  authority  as  determined  and  defined  by  said  decision  and 
decree,  proceed  to  and  make  the  improvements,  construction 
and  extensions  of  lines  of  street  railway  in  said  city,  and  ful- 
fill the  terms  and  requirements  hereinafter  set  forth,  that  is  to 
say : 

2398.  i  1  )  Said  St.  Paul  City  Railway  Company  shall,  dur- 
ing the  year  1905,  construct  a  double  track  line  of  electric 
street  railway  from  Prior  avenue  wesl  '  >n  Marshall  avenue  to 
the  westerly  city  limits,  and  in  that  connection,  if  the  proper 
authorities  cbnsenl  thereto,  -.n i <  1  company  shall,  as  soon  as 
it  can  procure  the  necessar)  material  and  perform  the  work, 
widen   the    Marshall   avenue   bridge    across    the     Mississippi 

River,  with  good  and  substantial  steel  and  iron  construction, 
ami  furnish  and  put  in  place  suitable  floors,  sidewalks  and 
railings,  when  so  widened,  to  have  a  drivewa)  thirt)  \\\<<  net 
in  width  for  vehicles  and  street  railwa)  purposes',  and  a  six 
fool  sidewalk  on  either  side  thereof;  the  plans  and  construe 
tion  to  be  subjeel  to  the  inspection  and  approval  ol  the  Com 
missioner  of  Public  Works  of  the  City. 

2399.  i  •.'  i  Said  St.  Paul  City  Railwa)  Company  shall, 
during  the  year  1905,  extend  the  Rondo  electric  streel  cai  line, 

ailed,  with  double  tracks  from  its  presenl   terminus   west 


934 

to  Lexington  avenue,  and  such  further  distance  west  on  said 
lo  street  as  said  Company  may  desire. 

2400.  (3)  Said  St.  Paul  City  Railway  Company  shall  also 
during  the  year  L905  extend  its  double  track  line  of  electric 
street  railway  from  the  corner  of  Greenbrier  and  Maryland 
avenues,  thence  along  Maryland  avenue  to  Forest  street, 
thence  along  Forest  street  to  Lake  Como  and  Phalen  avenue, 
and  thence  to  such  point  in  Phalen  Park  as  may  be  agreed 
upon  between  the  Board  of  Park  Commissioners  and  said 
Company.  When  this  line  is  constructed  and  in  operation 
said  Company  shall  have  the  right  to  abandon  and  take  up  the 
tracks  now  on  Maryland  avenue  between  Greenbrier  avenue 
and  Payne  avenue. 

2401.  I 4  I  Said  St.  Paul  City  Railway  Company  shall, 
within  two  years,  construct  a  single  track  line  of  electric  street 
railway  upon  Randolph  street,  from  West  Seventh  street  west 
to  Pascal  avenue. 

2402.  (5)  Said  St.  Paul  City  Railway  Company  shall  also 
during  the  year  1905,  contruct  a  double  track  line  of  electric 
street  railway  on  Snelling  avenue,  from  Grand  avenue  north 
to  Langford  avenue,  so  as  to  connect  with  the  Como  Avenue 
Interurban  line,  so-called,  and  the  State  Fair  grounds. 

2403.  (6)  Said  St.  Paul  City  Railway  Company  shall  also 
within  three  years  tunnel  the  Selby  avenue  hill,  so-called,  so 
that  the  cars  now  running  on  the  Selby  avenue  line  may  be 
operated  through  said  tunnel  instead  of  over  said  hill  as  at 
present,  if  the  same  is  practical  from  an  engineering  stand- 
point; provided,  however,  that  the  City  of  St.  Paul  shall  take 
such  proceedings  in  the  way  of  condemnation  or  otherwise  as 
it  may  have  authority  to  exercise,  in  order  to  assist  said  com- 
pany to  acquire  the  full  right,  power  and  authority  to  con- 
struct said  tunnel,  such  condemnation  proceedings,  however, 
to  be  instituted  upon  request  of  said  company  and  to  be  done 
and  conducted  at  the  sole  expense  of  said  company,  provided, 
also,  if  the  company  is  delayed  in  this  work  through  legal  ob- 
stacles as  to  its  right  or  power  so  to  do,  it  shall  have  two  years 
after  such  obstacles  are  removed  or  overcome,  in  which  to 
complete  the  work. 


935 

2404.  The  engineer  of  the  Company  and  the  Commissioner 
of  Public  "Works  shall  be  the  judges  of  whether  the  tunnel  is 
practical  as  an  engineering  problem.  If  they  shall  disagree, 
they  shall  select  a  third  engineer  and  the  decision  of  a  majority 
of  them  shall  be  final.  "While  this  work  is  in  progress,  in  or- 
der to  continue  traffic  on  the  Selby  avenue  line,  the  Company 
may  lay  and  operate  temporary  tracks  on  such  street  or  streets 
as  may  be  suitable. 

2405.  i  1  i  Said  St.  Paul  City  Railway  Company  -hall,  dur- 
ing the  year  1905,  extend  its  double  track  line  of  electric  street 
railway  from  the  present  terminus  on  Concord  street  along 
said  Concord  street  to  the  southerly  city  limits ;  provided, 
however,  that  the  City  Council  of  the  City  of  South  St.  Paul 
and  the  Village  Council  of  the  Village  of  West  St.  Paid  grant 
to  said  Company  or  to  the  Minneapolis  &  St.  Paul  Suburban 
Railway  Company  satisfactory  authority  for  the  construction 
and  maintenance  of  a  line  of  street  railway  within  the  limits 
of  said  municipalities  respectively,  so  as  to  enable  construc- 
tion of  a  line  through  to  South  St.  Paid.  In  case  said  last 
named  line  is  constructed  to  the  city  of  South  St.  Paul  then 
only  a  five  cent  fare  shall  be  charged  for  the  transportation 
of  passengers  to  and  from  the  City  of  South  St.  Paid,  which 
fare  shall  entitle  the  person  so  paying  the  same  to  a  transfer 
on  the  various  connecting  lines  of  the  St.  Paul  City  Railway 
Company  in  the  City  of  St.  Paul,  and  likewise  a  transfer  from 
tin  various  lines  of  the  St.  Paul  City  Railway  Company  in 
the  City  of  St.  Raul  to  said  line  running  to  the  City  of  South 
St.  Paul. 

2406.  is)  Said  Si.  Paul  City  Railwa)  Rom,, any  shall 
within    two    years    change    and    extend    with    double    track    the 

so-called  Mainline  electric  streel  railwa)  line  as  follows:  To 
run  on  Rice  street  from  University  avenue  to  Como  avenue; 
thence  on  Como  avenue  to  Blair  streel  ;  thence  on  Blair  streel 
to   Lexington  avenue;  thence  north  on   I  in  avenue  to 

Minnehaha  street;  thence  west  on  Minnehaha  streel  to  Prior 
avenue;  thence  south  on   Prior  avenue  to  University  avenue; 

ided,    that    no    new    Sewers    which    will    in.  \illi    the 

tracks    -hall    be    built    on  reetS    for    live    years   after   this 


936 

change  is  made,  except  by  consent  of  the  Company.  As  soon 
as  such  change  is  made,  the  Company  shall  remove  its  tracks 
from  Lexington  avenue  between  University  avenue  and  LUair 
street,  and  provided  further,  that  when  Blair  street  from  Lex- 
ington avenue  to  Griggs  street,  and  Griggs  street  from  Blair 
street  to  Minnehaha  street  are  graded  and  sewered,  that  por- 
tion of  said  line  on  Lexington  avenue  from  Blair  street  to 
Minnehaha  street  and  on  Minnehaha  street  from  Lexington 
avenue  to  Griggs  street  shall  be  changed  and  removed  thereto, 
within  six  months  after  such  grading  and  sewering  are  com- 
pleted. 

2407.  (9)  Said  St.  Paul  City  Railway  Company  shall, 
within  two  years,  build  a  double  track  line  of  electric  street 
railway  on  Dale  street  from  Grand  avenue  northerly  to  the 
intersection  of  said  Dale  street  with  Como  avenue,  and  shall 
during  the  park  season  of  each  year  operate  sufficient  cars 
thereon  through  to  the  station  at  Como  Park,  over  the  Como 
avenue  line,  so-called,  to  reasonably  accommodate  the  travel- 
ing public ;  provided,  however,  the  Common  Council  may 
within  one  year  designate  a  different  street  for  this  line,  which 
is  intended  as  a  so-called  cross-town  line,  provided  the  amount 
of  construction  therefor  is  not  materially  increased,  or  the 
Company  obliged  to  furnish  or  construct  any  bridge  for  the 
crossing  of  railway  tracks. 

2408.  (10)  Said  St.  Paul  City  Railway  Company  also, 
without  in  any  manner  modifying  the  terms  or  conditions  of  its 
franchise  rights  with  reference  to  rates  of  fare,  and  without 
obligating  itself  so  to  do,  express  its  entire  willingness  to 
charge  only  a  five  cent  fare  for  the  people  going  to  and  from 
the  City  of  Minneapolis  west  of  Snelling  avenue. 

2409.  (11)  That  said  St.  Paul  City  Railway  Company 
will,  within  eighteen  months,  erect  and  thereafter  maintain  its 
manufacturing  plant  at  or  near  the  corner  of  University  and 
Snelling  avenues  in  the  City  of  St.  Paul,  at  which  place  all  the 
general  manufacturing  and  repairing  done  by  said  Company 
shall  thereafter  be  done. 

2410.  I  12  i  Save  and  except  as  in  this  subdivision  pro- 
vided, said  Company  will  in  the  future  when  it  desires  to  build 


any  new  or  additional  lines  of  street  railway  upon  streets  not 
then  occupied  by  it  and  not  excepted  by  the  terms  and  pro- 
visions of  existing  ordinances,  file  with  the  City  Clerk  of  the 
City  of  St.  Paul  a  notice  in  writing  stating  upon  what  street  or 
streets  and  between  what  points  it  desires  to  construct  and 
operate  such  new  lines  of  street  railway,  and  in  case  said  City 
of  St.  Paid  shall  at  any  time  within  forty  days  after  the  filing 
of  such  notice  in  good  faith  pass  a  resolution  by  a  majority 
vote  of  the  members  of  both  bodies  of  said  Common  Council 
declaring  that  the  streets  mentioned  in  any  such  notice  or  any 
of  them,  are  not  desirable  or  suitable  for  street  railway  pur- 
poses, then  and  in  that  event  said  St.  Paul  City  Railway  Com- 
pany shall  not  occupy  such  street  or  streets  so  designated  in 
such  resolution  until  such  resolution  is  repealed  or  modified  by 
the  Common  Council,  provided,  however,  that  this  condition 
providing  for  riling  and  giving  notice  to  the  City  shall  con- 
tinue and  be  in  force  for  such  time  only  as  the  City  of  St.  Paul 
shall  not  grant  or  give  to  any  other  company,  persons  or  cor- 
poration, the  right  to  use  or  occupy  such  streets  and  avenues 
oi  any  part  thereof  for  or  by  a  street  railway  of  any  descrip- 
tion, either  upon,  above  or  below  the  surface  thereof:  it  being 
expressly  understood  and  agreed  that  this  provision  shall  not 
and  does  not  take  away  any  of  the  rights  or  authority  of  said 
St.  Paul  City  Railway  Company  under  existing  ordinances  of 
said  City,  but  only  thai  said  St.  Paul  City  Railway  Company 
hereby  agrees  nol  to  exercise  its  rights  or  authority  in  thai 
behalf  save  as  herein  provided.  It  is  further  agreed  that  the 
terms  and  provisions  of  this  subdivision  a-  to  filing  and  giving 
notice  to  tin-  City  as  in  intended  construction  and  extensions 
shall  nol  appl)  to  the  extension  of  an)  existing  lines  of  streel 
railway  or  to  an)  future  line  that  ma)  he  constructed  under 
the  foregoing  notice ;  thai  is  to  say,  any  then  existing  line  may, 
;it  any  time,  he  further  extended  along  and  upon  an\  streel 
running  in  the  same  general  direction  without  giving  such  no 
tin- ;  provided,  the  foregoing  provision  as  1  - »  giving  had 

not   apply  to  the  following  streets  and  parts  of  streets,  \i/: 
Asbur)  avenue  from  the  right  of  waj  of  the  Chicago,  Milwau 
&  St.  Paul  Railway  Compan)  to  St.  Anthony  avenue,  and 
St.  Peter  streel  from  Tenth  streel  to  Fourth  street. 


93S 

2411.  (13)  Said  St.  Paul  City  Railway  Company  shall 
and  will  during  the  remainder  of  the  life  of  Ordinance  No. 
122*3  of  said  City,  pay  into  the  City  Treasury  of  the  City  of 
Si.  Paul  annually  on  or  before  the  first  day  of  March  of  each 
year  during  said  time  a  sum  equal  to  the  difference  between  six 
per  centum  of  the  total  gross  earnings  of  said  Company  for 
the  year  previous  and  the  full  amount  that  said  Company 
shall  be  required  to  pay  for  such  previous  year  as  general 
taxes,  exclusive  of  any  interest  and  penalties  that  may  accrue 
thereon.  Said  general  taxes  shall  be  deemed  to  include  all 
taxes  in  whatever  form  paid  and  to  whomsoever  paid  by  said 
Company,  its  successors  or  assigns,  save  and  except  only  such 
sums  as  are  required  to  be  paid  by  said  Company  under  the 
present  existing  ordinances  of  the  City  of  St.  Paul  relating  to 
said  Company.  The  first  payment  to  be  made  by  said  Com- 
pany to  the  City  of  St.  Paul  under  this  subdivision  shall  be 
paid  on  or  before  March  1,  1907,  upon  the  basis  of  the  gross 
earnings  of  said  Company  for  the  year  1906,  and  each  succeed- 
ing annual  payment  shall  likewise  be  based  upon  the  gross 
earnings  of  the  then  last  preceding  year;  provided,  that  any 
sum  or  amount  that  said  Company  may  be  required  to  pay  to 
the  City  in  any  year  as  a  gross  earnings  tax  as  provided  in 
Section  17  of  said  Ordinance  No.  1227,  shall  be  deducted  from 
the  amount  required  to  be  paid  for  such  year  hereunder. 

2412.  (14)  The  said  St.  Paul  City  Railway  Company 
shall,  on  or  before  July  1,  1905,  pay  into  the  Treasury  of  the 
City  of  St.  Paul,     the     sum     of     Thirty  Thousand     Dollars 

$30,000.00),  all  of  which  sum  shall  be  used  by  the  City,  either 
for  the  construction  of  a  new  pavilion  on  the  shore  of  Lake 
Como  in  Como  Park,  or  for  the  widening  of  Sibley  street, 
south  of  Third  street. 

2413.  The  provisions  and  conditions  of  the  above  subdi- 
visions numbered  eleven  (11),  twelve  (12)  and  thirteen  (13) 
shall  be  binding  and  remain  in  force  only  so  long  as  the  rights 
and  privileges  of  said  Company  under  existing  ordinances  as 
determined  and  denned  by  said  decision  and  decree  remain 
unimpaired  and  in  force,  but  this  provision  shall  not  excuse 
performance  of  the  other  conditions  hereof. 


939 

2414.  That  in  case  the  said  St.  Paul  City  Railway  Com- 
pany, its  successors  or  assigns,  shall  fail,  neglect  or  refuse  to 
abide  by,  carry  out  and  fulfill  any  of  the  above  and  foregoing 
terms,  conditions  or  stipulations,  then  and  in  that  event,  the 
City  of  St.  Paul  shall  have  the  right  at  any  time  within  the 
next  three  years  from  this  time  to  apply  to"  said  United  States 
Circuit  Court  and  have  the  above  mentioned  decree  in  said 
action  vacated  and  set  aside,  so  that  it  may  again  be  re-entered 
and  thereby  restore  to  said  City  its  right  of  appeal  from  said 
decree,  and  in  that  event  its  right  of  appeal  and  to  have  said 
decree  reviewed  and  passed  upon  by  a  higher  court  shall  be  re- 
stored to  the  same  extent  as  said  right  now  exists. 

2415.  Nothing  herein  contained  shall  be  construed  to  in  any 
manner  enlarge  or  extend  any  of  the  powers  or  privileges  now 
possessed  by  said  St.  Paul  City  Railway  Company  under  any 
existing  ordinance  of  said  City  as  determined  and  defined  ln- 
said  decision  and  decree,  nor  shall  the  same  be  construed  to 
in  any  manner  extend  the  life  or  operation  of  any  such  ordi- 
nance beyond  the  time  in  said  ordinance  specified,  and  this 
resolution  shall  continue  in  force  and  effect  during  the  life  of 
said  Ordinance  No.  1227,  and  no  longer. 

2416.  The  St.  Paul  City  Railway  Company  shall,  within 
ten  (10)  clays  after  the  passage,  approval  and  publication  of 
this  resolution,  file  with  the  Cit)  Clerk  its  written  acceptance 
thereof,  wherein  and  whereby  it  shall  accepl  and  approve  of 
the  terms  and  conditions  thereof  and  expressly  agree  to  abide 
by,  carry  out  and  fulfill  all  of  tin-  terms  and  requirements  of 
this  resolution;  the  form  ami  execution  of  said  acceptance  and 

undertaking  to  he  approved  by  the  Corporation  Attorney, 
from  which  time  the  terms  hereof  shall  constitute  a  binding 
contract  between  the  City  and  said  Company,  its  successors 

and  assigns. 

This    resolution    shall    take    effeel     and    he    in    force    from 

and  after  its  passage,  approval,  publication  and  acceptance  as 

above  provided. 


!t  1(1 

RESOLUTION  OF  COMMON  COUNCIL. 
(Approved  September  6,  L905.) 

2417.  Whereas,  the  St.  Paul  City  Railway  Company  has 
heretofore  constructed,  and  is  now  operating"  and  maintaining 
double  tracks  on  Maria  avenue,  between  East  Seventh  street 
and  Plum  street,  and 

Whereas,  said  track  needs  repairing  and  needs  to  be  re- 
constructed and  said  pavement  needs  repair  or  relaying";  and 

Whereas,  it  will  be  to  the  advantage  of  said  city  to  have 
-aid  tracks  relaid  and  reconstructed  and  to  have  said  space 
between  the  rails  of  said  street  railway  tracks  on  Maria  ave- 
nue paved  with  granite,  and 

AYhereas,  said  the  St.  Paul  City  Railway  Company  is  de- 
sirous of  relaying  and  reconstructing  said  track  between  said 
East  Seventh  street  and  Plum  street,  on  Maria  avenue,  and  is 
desirous  of  paving  of  granite  blocks, 

2418.  Xow.  therefore,  be  it  resolved,  by  the  City  of  St.  Paul 
that  said  the  St.  Paul  City  Railway  Company,  its  successors 
and  assigns,  are  hereby  authorized  and  permitted  to  lav  be- 
tween the  points  above  named,  and  between  the  rails  and 
tracks,  the  granite  block  paving,  and  that  said  granite  block 
paving  when  so  laid,  shall  be  deemed  to  be  a  compliance  with 
the  terms  and  conditions  of  the  ordinances  of  the  City  of  St. 
Paul  relating  to  the  pavement  of  that  portion  of  the  street  be- 
tween the  tracks  and  rails  of  said  street  railway  company. 

Provided,  however,  that  the  said  granite  block  paving 
shall  be  laid  in  a  workmanlike  manner  and  under  the  direction 
and  subject  to  the  approval  of  the  city  engineer  of  the  City  of 
St.  Paul;  and  when  such  paving  is  so  laid,  then  and  in  that 
event,  the  same  shall  be  taken  as  and  deemed  to  be  a  full  com- 
pliance on  the  part  of  said  the  St.  Paul  City  Railway  Com- 
pany, with  the  terms  and  provisions  of  all  the  ordinances  re- 
quiring  said  company  to  pave  that  portion  of  said  Maria  ave- 
nue lying  between  its  tracks  and  rails,  and  said  pavement 
shall  be  accepted  by  said  city  in  lieu  of  the  paving  formerly  or- 
dered  and  required   by  the  ordinances   of  said   city. 


PART  V. 
RAILWAYS  AND  RAILWAY  TRANSFER  COMPANIES. 


BURLINGTON,     CEDAR    RAPIDS    AND     NORTHERN 
RAILWAY  CO.  OF  IOWA. 

(Resolution  of  Council.) 

(Approved  May  22,  1902.) 

2419.         Whereas,  There  was  heretofore  presented  to  the  As- 
sembly of  the  City  of  St.  Paul,  one  of  the  branches  of  the  Com- 
mon Council  of  said  City,  the  petition  of  the  Burlington,  Cedar 
Rapids  &  Northern  Railway  Company  of  Iowa,  and  of  Thomas 
H.  Brown,  praying  for  the  vacation  of  Eva  street  between  East 
Fillmore  avenue  and  the  levee  or  Water  street,  being  that  por- 
tion of  said  Eva  street  between  block  four  (4)   and  block  five 
(5)  of  Marshall's  Addition  to  West  St.  Paul,  according  to  the 
recorded  plat  thereof  on  file  in  the  office  of  the  Register  of 
I  )eeds  in  and  for  Ramsey  County,  Minnesota,  which  said  pe-  ' 
tition  was  duly  signed  and  verified  as  required  by  law  and  did 
duly  set  forth  the  facts  and  reasons  for  such  vacation  and  was 
accompanied  by  a  plat  of  the  portion  of  said  street  proposed 
to  be  vacated:  and,  in  said  petition  said  petitioners  did,  among 
other   reasons   assigned    for   the    vacation   of   said   Eva   street. 
aver  that  the  same  has  never  been  used  to  an\    greal   extent 
for  public  travel  and  would  not  be,  even  if  said  streel    were 
graded  or  otherwise   improved,  and   that    said   street   extends 
only  a  few  feet  in  a  northerly  direction  beyond  said  levee  or 
Water   street,   and   the   public   will    nol   be    seriously    incon 
venienced  by  said  proposed  vacation;  and  thai  said  petitioners 
have  acquired  title  to  all  the  property  abutting  upon  both  sides 
of  thai  portion  of  said  Eva  streel  proposed  to  be  vacated  and 
said  Railwa)   Compan)   has  purchased  large  tracts  of  land  in 
the  vicinity,  for  the  express  purpose  of  constructing  thereon 
suitable  and  proper  freighl   terminals  and  other  facilities  for 
the  operation  of  its  railway,  and  said  terminals  were  located 
with  a  view,  among  other  purposes,  of  serving  a  large  and  in- 
creasing number  of   factories  and  other  business  enterprises 
which   require   the   use  of  convenienl    railway   facilities;  and 
said  Railway  Company,  among  other  improvements,  prop 
to  construd   a  terminal   freighl   house  upon   portions  of  said 
blocks  four   ih   and   five   (5)   in  said   Mar-hall's    Addition   to 
West  St.  Paul  and  said  freighl  house  will  be  of  such  dimen- 


!>1  I 

sions  because  of  its  length,  thai  it  will  be  impossible  to  con- 
struct the  same  wholly  within  the  limits  of  any  one  of  the 
blocks  which  said  Railway  Company  has  acquired  for  its  said 
terminal  facilities,  and  that  said  company  contemplates  other- 
wise improving  said  premises  and  adapting  the  same  to  the 
needs  and  requirements  of  its  business,  by  the  construction  of 
tracks,  switches  and  approaches,  and,  without  the  vacation 
of  said  portion  of  Eva  street,  said  improvements  could  not  he 
properly  and  conveniently  made;  and. 

2420.  Whereas,  The  said  Assembly,  deeming  it  expedient 
that  the  matter  therein  referred  to  should  be  proceeded  with, 
ordered  said  petition  and  accompanying  plat  to  be  filed  of 
record  in  the  office  of  the  City  Clerk  of  the  City  of  St.  Paul, 
and  ordered  said  Clerk  to  give  notice  by  publication  in  the 
official  paper  of  the  city,  for  four  (4)  successive  weeks,  at  least 
once  in  each  week,  to  the  effect  that  said  petition  has  been 
filed  as  aforesaid  and  setting  forth  in  brief  its  object,  and  that 
said  petition  would  be  heard  and  considered  by  the  committee 
on  streets  of  said  Assembly  on  that  certain  day  and  place  in 
said  notice  to'be  specified,  not  less  than  ten  (1<»)  days  after 
the  publication  of  said  notice  in  accordance  with  the  require- 
ments of  the  charter  of  the  City  of  St.  Paul,  in  such  case  made 
and  provided ;  and, 

Thereupon,  said  petition  and  plat  were  duly  filed  in  said 
office  of  said  City  Clerk  and  said  notice  was  given  and  pub- 
lished as  by  law  required,  which  said  notice,  in  compliance 
with  the  charter  of  said  City  of  St.  Paul  and  in  compliance 
with  the  resolution  of  said  Assembly,  did,  among  other  things. 
specify  that  said  petition  would  be  heard  and  considered  by 
the  Committee  on  Streets  of  said  Assembly  on  Monday,  the 
12th  day  of  May,  1002,  at  the  Council  Chamber  in  the  Court 
House  and  City  Hall  of  said  City  of  St.  Paul,  Minnesota,  at 
four  o'clock  in  the  afternoon  ;  and, 

2421.  Whereas,  Sai'cl  Committee  on  Streets  of  said  Assem- 
bly did  meet  at  the  Council  Chamber  in  said  City  on  the  day 
and  at  the  hour  above  specified  for  the  hearing  thereof,  and  did 
investigate  and  consider  the  matter  of  said  proposed  vacation 
and  then  and  there  heard  all  the  testimonv  and  evidence  ad- 


945 

duced  on  the  part  of  the  petitioners  and  other  persons  interest- 
ed in  the  matter  of  said  proposed  vacation,  and  heard  and  re- 
ceived the  evidence  and  proof  of  the  matters  averred  in  said 
petition,  and  being  of  the  opinion  that  the  prayer  of  said  pe- 
tition should  be  granted,  and.  having  reported  its  conclusions 
to  said  Assembly,  recommended  the  adoption  of  an  appropri- 
ate resolution  declaring  said  portion  of  Eva  street  vacated; 
now.  therefore,  be  it 

2422.  Resolved.  By  the  Common  Council  of  the  City  of  St. 
Paul,  that  all  that  part  of  Kva  street  between  East  Fillmore 
avenue  and  the  levee,  or  Water  street,  being  that  portion  of 
said  Eva  street  which  is  situated  between  block  four  (  1  )  and 
block  five  (5)  of  said  Marshall's  Addition  to  West  St.  Paul,  be, 
and  the  same  is  hereby  vacated;  but  subject,  however,  to  the 
following  conditions,  viz: 

2423.  1.  That  the  said  Burlington,  Cedar  Rapids  & 
Northern  Railway  Company  of  Iowa  shall  (by  written  agree- 
ment to  be  executed  by  its  proper  officers  and  to  be  hied  with 
the  City  Clerk  of  said  City  of  St.  Paul  within  thirty  (30)  days 
from  the  passage  of  this  resolution)  agree  to  improve  ami  pul 
in.  first  class  condition  for  traffic  with  teams  and  vehicles, 
Eaton  avenue  between  said  levee,  or  Water  street,  and  said 
Fillmore  avenue. 

2424.  2.  Said  petitioners  shall  pay  into  the  treasury  ^\  the 
City  of  St.  Paul  the  sum  of  Fifteen  Dollars  ($15)  which  is 
hereby  fixed  as  the  compensation  to  he  paid  by  them  to  the 
City  in  consideration  of  said  vacation. 

(See    abo    "Rock    fsland"    ami    "Chicago,   Rock    Island    and 

I  'acilic."  I 


946 

CHICAGO,  BURLINGTON  &   NORTHERN  RAILROAD 

COMPANY. 

Ordinance  No.  622. 

(Approved  February  L8,  ism;.) 

2425.  An   Ordinance  granting  to  the  Chicago,  Burlington 

&  Northern  Railroad  Company  authority  to  erect 
and  maintain  telegraph  poles  and  string  wires 
thereon  within  the  City  of  St.  Paul. 

The  Common  Council  of  the  City  of  St.    Paul  do  ordain  as 

follows : 

Sec.  1.  That  authority  is  hereby  granted  to  the  Chicago, 
Burlington  &  Northern  Railroad  Company  to  erect  and  main- 
tain telegraph  poles  and  string  wires  thereon  from  a  point  at 
the  westerly  end  of  the  eastermost  freight  house  of  the  Chi- 
cago, Milwaukee  &  St.  Paul  Railway  Company,  either  along 
the  levee  and  along  Bench  and  Robert  streets,  or  on  such 
other  route  as  may  be  designated  by  the  city  engineer  and 
chief  of  fire  department,  to  the  general  offices  of  said  com- 
pany in  the  German-American  Bank  Building;  and  also  to 
ereel  and  maintain  telegraph  poles  and  string  wires  thereon 
upon  such  streets  and  alleys  within  said  city  as  shall  be  desig- 
nated for  the  purpose  by  the  city  engineer,  the  chief  of  the  fire 
department  and  the  chairman  of  the  committee  of  police  of 
the  common  council  of  said  city. 

2426.  Sec.  2.  All  poles  erected  under  this  ordinance  shall 
be  planed  and  painted,  and  they  shall  be  <^i  such  size  and  shall 

laced  at  such  point  on  the  margin  of  the  sidewalk  as 
b(  designated  by  the  city  engineer  and  the  chief  of  the  fire  de- 
partment,   and    they    shall    be    erected    and    said    wires    Strung 
thereon  under  the  supervision  and  subject   to  the  inspection 

and   ci  >ntr<  '1   <  >f   the   said   i  ifficers. 

2427.  Sec.  3  Whenever  any  street  on  which  any  poles 
have  been  set  under  this  ordinance  shall  be  graded  or  paved, 
the  said  company  shall,  whenever  required  by  the  city  engi- 
neer, reset  said  poles  at  its  own  cost  and  so  as  to  conform  to 
the  street  as  reo  instructed. 


947 

2428.  Sec.  4.  All  the  proceedings  of  said  company  under 
this  ordinance  shall  be  subject  to  any  ordinance  respecting 
the  laying  of  telegraph  wins,  either  above  or  underground, 
within  the  City  of  St.  Paul  which  now  exists  or  may  hereafter 
be  passed  by  the  common  council. 

Sec.  5.     This  ordinance  shall   take  effect  ami  be  in   force 
from  and  after  its  passage. 


CHICAGO  GREAT  WESTERN. 

Ordinance  No.  2006. 

(Approved  September  2,  1898.) 

2429.  An  Ordinance  granting,  to  the  Chicago  Great  West- 

ern railway,  the  use  of  a  certain  part  of  the  public 
levee  of  the  City  of  St.  Paul  for  railroad  facilities 
upon  the  terms  and  conditions  herein  specified. 

The  Common   Council  of  the   City  of  St.    Paul  do  ordain  as 
fi  »11<  iws : 

I.  That  permission  and  authorit}  is  hereby  given 
to  tin'  Chicago  Greal  Western  Railway  company,  its  suo 
sors  or  assigns,  to  construct,  maintain  and  operate  for  the 
period  of  ten  I  L0)  years  from  the  passage  of  this  ordinance  a 
r  station  for  the  accommodation  of  the  public  on  the 
publii  levee  of  the  City  of  St.  Paul  immediatel)  west  of  the 
freigh1  depol  of  the  Diamond  Jo  Line  of  Steamers. 

2430.  Sec.  2.     The  said*  grantee  above  named,  its  sin 

igns  shall  pay  to  the  City  "i"  St.  Paul  as  compen 
sation  and  rental  for  the  privileges  so  granted  th<  five 

dollai  00)    per  annum,  payable  annuall)    in  for 

and  during  the  time  In  r<  Red. 

2431.  Sec.   3.     Said   pi 

and   operated  as  nol   to  interfere   with   the  publii  il   the 

drivewa)  at  said  point,  and  no  rights  acquired  under  the 
nance  shall  be  transferred   to  any  other  person,  companj    oi 

corporation  unless  il nsenl  of  the  Common  Council   shall 

firsl  be  obi  a  ined. 


948 

2432.  Sec.  1.  Said  grantee  shall  file  with  the  Clerk  within 
thirty  (30)  days  utter  the  publication  of  this  ordinance  its  ac- 
ceptance of  the  provisions  therein,  the  same  to  be  approved 
by  the  Corporation  Attorney. 

2433.  Sec.  5.  This  ordinance  shall  take  effect  and  be  in 
fi  ,rce  Fn  »m  and  after  its  publication. 


Ordinance  No.  2052. 

i  Approved  May  29,  1890.) 

2434.  An  Ordinance  authorizing  the  Chicago  Great  West- 
ern Railway  Company  to  construct,  maintain  and 
operate  a  spur  track  in  the  Sixth  ward  of  the  City 
of  St.  Paul. 

The   Common   Council   of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  authority  and  permission  is  hereby  given 
and  granted  the  Chicago  Great  Western  Railway  Company  to 
construct,  maintain  and  operate  an  extension  of  its  so-called 
meat  house  spur  track,  near  the  corner  of  Chicago  and  Starkey 
streets,  in  the  Sixth  ward  of  the  City  of  St.  Paul,  along  the 
west  side  of  Starkey  street,  the  center  line  of  said  extension 
to  he  fourteen  feet  (14)  easterly  of  and  parallel  with  the  center 
line  of  the  present  easterly  main  track  of  said  company,  and 
to  extend  to  a  point  opposite  the  alley  in  Block  ITS,  thence 
across  Starkey  street  and  Fairfield  avenue,  to  and  along  the 
easterly  side  of  Starkey  street  in  front  of  Block  174.  now  oc- 
cupied as  a  manufacturing  site  by  C.  A.  Stickney.  Said  track 
shall  correspond  with  the  established  grades  of  said  streets, 
and  the  construction  thereof  shall  be  satisfactory  to  the  Engi- 
neer of  said  city. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 


949 

Ordinance  No.  2087. 
(Approved  I  )ecember  20,  L899. 1 

2435.  An  Ordinance  to  authorize  the  Chicago  Great  West- 

ern Railway  Company  to  erect  telegraph  poles  on 
certain  streets  in  the  city  limits  of  the  City  of  St. 
Paul  and  maintain  and  operate  its  telegraph  line 
thereon. 

The  Common   Council   of  the   City  of  St.    Paul   do  ordain   as 

follows : 

Sec.  1.  That  the  authority  is  hereby  granted  to  the  Chi- 
cago Great  Western  Railway  Company  to  erect  and  maintain 
telegraph  poles  and  to  string  wires  thereon  on  the  southerly 
side  of  Indiana  avenue,  between  the  main  line  of  said  railway 
company  on  Starkey  street  and  the  freight  depot  of  said  com- 
pany on  South  Robert  street,  in  said  city.  The  authority. 
right  and  permission  herein  and  hereby  granted  to  be  vested 
only  in  the  grantee  herein  named,  and  not  to  be  subject  to 
assignment  except  with  the  approval  of  the  Common  Council 
of  the  City  of  St.  Paul. 

2436.  Sec.  2.  All  poles  erected  under  this  ordinance  shall 
be  painted  and  designed  and  otherwise  approved  by  the  City 
Engineer  of  said  city,  and  shall  be  placed  at  such  points  on 
the  margin  of  the  sidewalks  as  shall  be  designated  by  the  City 
Engineer,  and  shall  be  erected  and  said  wires  strung  thereon 
under  the  supervision  and  under  the  direction  and  control  of 
said  City  Engineer. 

2437.  Sec.  '■'>.  When  so  ordered  by  the  Common  Council 
the  Chicago  Greal  Western  Railway  Compan)  shall  remove 
said  poles  and  wires  within  sixty  (60)  days  from  the  date  of 
3aid  <  »rder. 

See.  1.  This  ordinance  shall  be  in  force  from  and  after 
its  passage. 


950 

Ordinance  No.  2271. 

(Approved  .March  36,  1902.) 

2438.  An  Ordinance  granting  to  the  Chicago  Great  West- 
ern Railway  Company  the  right  to  construct,  main- 
tain and  operate  railway  tracks  over  and  across  and 
along  certain  alleys  in  the  City  of  St.  Paul,  Minne- 
sota. 

The   Common   Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec:  1.  The  City  of  St.  Paul  hereby  grants  to  the  Chicago 
Great  Western  Railway  Company,  its  successors  and  assigns, 
the  right  to  construct,  maintain  and  operate  one  or  more 
tracks,  not  to  exceed  three,  across  any  one  street,  together 
with  the  necessary  turn-outs  and  cross-overs,  over  and  across 
and  along  the  following  named  alleys  in  said  city,  viz :  Mor- 
rison street,  Plato  avenue,  East  Chicago  avenue.  East  Indiana 
avenue,  East  Fairfield  avenue.  East  Fillmore  avenue,  the  alley 
between  block  one  (IV.  of  Eaton  and  Morrison's  addition  in 
Custer  street  addition,  the  alleys  in  Custer  Street  Addition 
and  the  alley  in  blocks  nineteen  (19),  fourteen  (14),  eleven 
I'll)  and  six  (6),  of  Bazille  and  Robert's  addition  to  West  St. 
Paul,  all  according  to  the  plats  of  said  additions  on  file  and 
of  record  in  the  office  of  the  Register  of  Deeds  of  Ramsey 
County,  Minnesota. 

Provided,  however,  that  nothing  herein  contained  shall  be 
held  to  take  away  or  abridge  the  power  of  the  city  to  regulate 
the  use  of  said  street  crossings,  or  abridge  or  modify  any  state 
law  regulating  the  care,  construction  and  management  of  rail- 
road crossings;  and, 

Provided,  however,  that  the  grades  of  said  tracks  shall 
be  on  the  same  grade  as  the  present  established  grades  of  said 
streets  and  alleys.  The  track  hereby  authorized  to  be  con- 
structed shall  be  put  in  under  the  direction  of  the  Commis- 
sioner of  Public  Works  of  the  City  of  St.  Paul  and  in  such 
manner  as  he  shall  direct,  and  said  tracks  shall  be  so  con- 
structed that  the  rails  thereof  shall  not  be  higher  than  the 
top  of  the  surface  of  the  ground,  and  said  Company,  when- 
ever required  by  the  Commissioner  of  Public  AYorks,  or  di- 


951 

rected  so  to  do  by  the  Common  Council,  shall  plank  or  pave 
with  such  material  and  in  such  manner  as  it  shall  be  directed, 
the  space  lying  between  the  rails  of  said  track  and  for  a  space 
of  at  least  two  (2)  feet  outside  of  each  rail  of  said  tracks,  and 
keep  and  maintain  the  same  in  proper  condition. 

2439.  Sec.  2.  The  rights  hereby  granted  may  be  revoked 
or  annulled,  and  said  tracks  ordered  removed  by  the  Common 
Council  whenever  the  public  necessity  shall  so  require  in 
which  case  all  right  and  authority  of  said  Company  to  main- 
tain said  tracks  shall  cease  and  determine  and  said  Company 
shall  thereupon  and  within  ninety  (90)  days  after  the  service 
upon  it  of  a  copy  of  the  resolution  or  ordinance  directing  such 
removal,  take  up  and  remove  said  tracks  and  restore  the 
premises  from  which  they  shall  be  so  removed  to  the  same 
condition  as  the  surrounding  portion  of  said  streets  and  alleys, 
and  shall  put  the  same  in  suitable  and  proper  condition  for 
public  travel  thereon.  Said  Chicago  Great  Western  Railway 
Company  shall  at  all  times  indemnify  and  save  harmless  the 
City  of  St.  Paul  from  any  and  all  claims  for  damages  on  ac- 
count of  any  injury  to  persons  or  property  sustained  by  any 
person,  firm  or  corporation  in  consequence  of  the  construction, 
maintenance  and  operation  of  said  tracks  and  shall  reimburse 
said  city  for  all  sums  which  it  may  be  required  to  pay  as  dam- 
age-, or  as  COSts  or  expenses  in  defending  against   such  claims. 

2440.  S<r.  :;.  The  Chicago  ('.real  Western  Railway  Com- 
pany, within  thiru  (30)  days  after  the  passage  and  publication 
of  this  ordinance,  shall  file  with  the  City  Clerk  of  the  City  of 
St.  Paul  its  written  acceptance  thereof,  the  same  to  be  in  such 
form  as  '-hall  be  approved  by  the  Corporation  Attorney,  other 
wise  this  ordinance  shall  have  no  force  or  eff< 

Sec.    I.      This  ordinance    shall    take   effeel    and    be    in    forc< 

from  and  after  it-  passage,  publication  and  acceptance,  as 
hereinbef  ire  provided. 


952 

Ordinance  No.  2310. 

I  Approved  September  2  1,  L902. ) 

2441.  An  Ordinance  granting  to  Chicago  Great  Western 
Railway  Company  the  right  to  construct,  maintain 
and  operate  railway  tracks  over  and  across  Chicago 
avenue,  in  the  City  of  St.  Paul,  Minnesota. 

The   Common   Council   of  the   City  of  St.   Paul  do  ordain  as 

i'i  'Mows  : 

Sec.  I.  The  City  of  St.  Paul  hereby  grants  to  the  Chicago 
( i rcat  \\  estern  Railway  Company,  its  successors  and  assigns, 
the  right  to  construct,  maintain  and  operate  one  or  more 
tracks,  not  to  exceed  three  tracks,  including  a  cross-over 
track,  across  Chicago  avenue,  between  Custer  street  and 
Starkey  street,  substantially  as  shown  upon  blue  print  filed 
in  the  office  of  the  Commissioner  of  Public  Works  of  the  City 
of  St.  Paul,  on  September  eleventh.  1902,  and  identified  by  the 
signature  of  the  Assistant  General  Manager  of  the  Chicago 
Great  Western  Railway  Company. 

Provided,  however,  that  nothing  herein  contained  shall  be 
held  to  take  away  or  abridge  the  power  of  the  city  to  regulate 
the  use  of  said  street  crossing,  or  abridge  or  modify  any 
state  law  regulating  the  care,  construction  and  management  of 
railroad  crossings,  and 

Provided,  however,  that  the  grades  of  said  tracks  shall  be 
on  the  same  grade  as  the  present  established  grade  of  Chicago 
avenue  at  said  point  of  crossing.  The  tracks  hereby  author- 
ized to  be  constructed  shall  be  put  in  under  the  direction  of 
the  Commissioner  of  Public  Works  of  the  City  of  St.  Paul, 
and  in  such  manner  as  he  shall  direct.  And  said  tracks  shall 
be  so  constructed  that  the  rails  thereof  shall  not  be  higher  than 
the  top  of  the  surface  of  the  ground,  and  said  company,  when- 
ever required  by  the  Commissioner  of  Public  Works  or  direct- 
ed so  to  do  by  the  Common  Council,  shall  plank  or  pave  with 
such  material  and  in  such  manner  as  it  shall  be  directed,  the 
space  lying  between  the  rails  of  said  tracks  and  for  a  space 
of  at  least  two  (2)  feet  outside  each  rail  of  said  tracks  and 
keep  and  maintain  the  same  in  proper  condition. 


953 

2442.  Sec.  2.     The  rights  hereby  granted  may  be  revoked 

oi  annulled  and  said  tracks  ordered  removed  by  the  Common 
Council,  in  which  case  all  right  and  authorit}  of  the  said  com- 
pany to  maintain  said  tracks  shall  cease  and  determine,  and 
said  company  shall  thereupon  within  ninety  (90)  days  after 
the  service  upon  it  of  a  copy  of  a  resolution  or  ordinance  di- 
recting such  removal,  take  up  and  remove  said  tracks  and 
restore  the  premises  from  which  they  shall  be  so  removed  to 
the  same  conditions  as  the  surrounding  portion  of  said  street. 
and  shall  put  same  in  suitable  and  proper  condition  for  public 
travel  thereon.  The  Chicago  Great  Western  Railway  Com- 
pany shall  at  all  times  indemnify  and  save  harmless  the  Cit) 
of  St.  Paul  from  any  and  all  claims  for  damages  on  account  of 
any  injury  to  persons  or  property  sustained  by  any  person, 
firm  or  corporation  in  consequence  of  the  operation  of  said 
tracks,  and  shall  reimburse  said  city  for  all  sums  which  it 
may  he  required  to  pay  as  damages  or  as  costs  or  expenses  in 
defending  against  such  claims. 

2443.  Sec.  :;.     The  Chicago  Great   Western   Kail  way  Com 
pany  within  thirty  (30)  da\  s  after  the  passage  and  publication 
of  this  ordinance  shall  file  with  the  City  Clerk  of  the  City  of 
St.    Paul  it-  written  acceptance  thereof,  the  same  to  he  in  such 
form  as  shall  he  approved  by  the  Corporation    \ttorne\  ;  other 
wise  tin-  ordinance  shall  have  no  Force  or  effi 

Sec.    I.     This  ordinance  shall   take  effect   and  hi'  in   force 
from  ami  after  it-  passage,  publication  and  acceptance  as  here 
inbef<  >re  provided. 

Ordinance  No.  2397. 
i  Approved  September  I  '• .  L903.  i 

2444.  An  Ordinance  granting  to  the  Chicago  Great  West- 

ern Railway  Company  the  right  to  construct,  main- 
tain and  operate  railway  tracks  over  and  across 
certain  streets  and  on  certain  alleys,  jn  the  City  of 
St.  Paul,  Minnesota. 

The  Common  Council  oi   the  City  o\   Si.    Paul  do  ordain    i 

follow  -  : 

Sic.    i.     Permission    i-   hereb)    granted    to   the    Chicago 
('.rcat   Western  Railway  Company,  its  successors  and  assigns, 


954 

to  construct,  maintain  and  operate  one  or  more  railway 
tracks,  not  exceeding  three  (3),  together  with  the  necessary 
turnouts  and  crossovers  over  and  across  the  following  named 
streets  and  on  the  following  described  alleys  in  the  City  of  St. 
Paul,  Minnesota,  namely:  Robert  court  formerly  Wright 
street,  Morrison  avenue,  Plato  avenue.  East  Chicago  avenue. 
East  Indiana  avenue.  East  Fairfield  avenue,  East  Fillmore 
avenue,  and  the  alleys  in  blocks  twenty-three  (23),  eighteen 
(18),  fifteen  (15),  ten  (10),  and  seven  (7)  of  Bazille  and  Rob- 
ert's addition  to  West  St.  Paul.  Provided,  however,  that  noth- 
ing herein  contained  shall  be  construed  to  take  away  or 
abridge  the  power  of  the  city  to  regulate  the  use  of  the  said 
street  crossings,  or  abridge  or  modify  any  state  law  regulat- 
ing the  care,  construction  and  management  of  railroad  cross- 
ings, and 

Provided,  however,  that  the  grades  of  said  tracks  shall  be 
on  the  same  grades  as  the  present  established  grades  of  said 
streets  and  alleys,  and  that  the  tracks  hereby  authorized  to  be 
constructed  shall  be  put  in  under  the  direction  of  the  Commis- 
sioner of  Public  Works  of  the  City  of  St.  Paul  in  such  manner 
as  he  shall  direct,  and  the  rails  thereof  shall  not  be  higher 
than  the  top  of  the  surface  of  the  ground,  and  said  Railway 
Company  whenever  required  by  the  Commissioner  of  Public 
Works,  or  directed  so  to  do  by  the  Common  Council  shall 
plank  in  such  manner  as  shall  be  directed,  the  space  lying  be- 
tween the  rails  of  said  track  and  for  a  space  of  at  least  two  (2) 
feet  outside  of  each  rail  of  said  tracks,  and  keep  and  maintain 
the  same  in  proper  condition. 

Provided,  further,  that  the  authority  and  permission  here- 
by granted  is  upon  the  further  condition  that  when  any  paving 
shall  be  ordered  by  the  Common  Council  upon  any  street  up- 
on, along  or  across  which  the  tracks  hereby  authorized  are 
laid,  the  said  Railway  Company  shall  in  like  manner  and  with 
like  materials,  at  its  own  cost  and  expense,  pave  such  parts 
of  any  and  all  such  streets  as  may  lie  between  the  rails  of 
each  track  and  between  the  lines  of  double  tracks,  and  for  a 
space  of  eighteen  inches,  on  either  side,  outside  of  its  track 
or  tracks,  where  such  paving  may  have  been  ordered  as  afore- 
said, and  in  case  said  Company  shall,  after  being  ordered  so  to 


955 

do  by  the  Common  Council,  neglect  for  the  space  of  thirty 
days  to  lay  and  construct  such  paving,  then  the  same  may  be 
done  under  the  direction  of  the  City  of  St.  Paul,  at  the  ex- 
pense of  the  said  Railway  Company,  and  the  amount  of  said 
expense  ami  the  cost  thereof  shall  be  assessed  by  the  proper 
authorities  of  said  city  against  property  of  private  individuals, 
and  the  amount,  assessed  against  shall  also  be  a  personal  obli- 
gation of  said  Company  and  shall  be  chargeable  to  and  shall 
be  paid  by  it. 

The  authority  and  permission  hereby  granted  is  upon 
the  further  condition  that  any  and  all  real  property  now  or 
hereafter  owned  by  said  Chicago  Great  Western  Railway 
Company,  and  abutting  upon  that  portion  of  any  of  the  streets 
or  alleys  upon  or  along  which  the  track  or  tracks  herein  au- 
thorized shall  be  laid,  shall  be  liable  to  the  lien  of  local  im- 
provement assessments,  and  may  lie  assessed  for  its  proportion 
of  the  cost  and  expense  of  any  and  all  local  improvements  to 
the  same  extent  and  with  "like  effect  as  if  such  property  were 
owned  by  a  private  individual  until  said  tracks  are  ordered 
removed  by  the  Common  Council. 

2445.  Sec  2.  The  rights  hereby  granted  may  be  revoked 
or  annulled  and  said  tracks  ordered  removed  by  the  Common 
Council  whenever  in  its  judgment  the  public  necessity  shall 
si  require,  and  in  the  evenl  of  Mich  revocation  and  annulment 
all  ri^hl  and  authority  of  said  Railway  Company  to  maintain 
-aid  tracks  shall  cease  and  determine,  and  -aid  Railway  Com 
pany  shall  thereupon  and  within  ninet)  (90)  days  after  the 
service  upon  it  of  a  copy  of  the  resolution  or  ordinance  direel 
ing  such  removal,  take  up  and  remove  said  track-.  The  said 
Railway  Company  shall  at  all  times  indemnify  and  save  harm 

•he  City  of  Si.    Paul   from  any  ami  all   claims  for  dam. 

on  account  of  any  injur)  to  persons  or  propertj  sustained  in 
consequence  of  the  construction,  maintenance  and  operation 

of   -aid   track-,   and    reimburse   Said    City    for  all   sums    which    it 

may  he  required  to  pay  a-  damages,  ami  for  cost-  and  ex- 
p<  nses'in  defending  any  such  claims. 

2446.  Sec.  3.  The  Chicago  Greal  Western  Railway  Com- 
pany -hall  within  thirty  (30)  days  aftei  the  passage  and  pub 


956 

lication  of  this  ordinance  file  with  the  City  Clerk  in  the  City 
Paul.  it>  written  acceptance  thereof;  otherwise  this  ordi- 
nance shall  have  no  force  or  effect. 

Sec.    I.     This  ordinance  shall  take  effect  and  be  in   forci 
from    and    after    its    passage,    publication    and    acceptance,    as 
hereinbefi  ire  provided. 

Ordinance  No.  2398. 

(Approved  September  17,  1(.»03.) 

2447.  An  Ordinance  granting  to  the  Chicago  Great  West- 
ern Railway  Company  the  right  to  construct,  main- 
tain and  operate  railway  tracks  over  and  across 
certain  streets  and  across  and  along  certain  alleys 
in  the  City  of  St.  Paul,  Minnesota. 

'The  Common   Council  of  the   City  of   St.   Paul  do  ordain  as 

follows : 

Sec.  1.  The  City  of  St.  Paul  hereby  grants  to  the  Chicago 
Great  Western  Railway  Company,  its  successors  and  assigns, 
the  right  to  construct,  maintain  and  operate  one  (1)  or  more 
railway  tracks  (not  to  exceed  three),  together  with  the  neces- 
sary turnouts  and  crossovers  and  across  the  following  named 
streets  and  across  and  along  the  following  named  alleys  in 
■-aid  City  of  St.  Paul,  namely:  Custer  street,  Starkey  street, 
Channel  street,  Plato  avenue,  Chicago  avenue  and  Fillmore 
avenue,  Indiana  avenue,  and  Fairfield  avenue,  and  the  alleys 
in  Block  one  hundred  sixty-eight  ( 168)  of  West  St.  Paul 
Proper,  and  in  blocks  one  hundred  sixty-eight  (168),  one  hun- 
dred sixty-nine  (169),  one  hundred  seventy-eight  (ITS),  and 
one  hundred  seventy-seven  (177)  of  Robertson's  Addition  to 
A\  est  St.  Paul,  all  according  to  plats  thereof  on  file  and  on 
record  in  the  office  of  the  Register  of  Deeds,  of  Ramsey 
County.  Minnesota.  Said  tracks  shall  cross  Custer  street 
and  Starkey  street  from  block  four  (4)  to  block  six  (6)  of 
West  St.  Paul  Proper,  and  Channel  street  from  block  six  (6) 

•lock  one  hundred  sixty-eight  (168)  of  said  West  St.  Paul 
I  'p  >per. 

Provided,  however,  that  nothing  herein  contained  shall  be 
construed  to  take  away  or  abridge  the  power  of  the  City  to 


regulate  the  use  of  said  street  crossing  or  abridge  or  modify 
any  state  law  regulating  the  care,  construction  and  manage- 
ment of  railroad  crossings,  and 

Provided,  however,  that  the  grades  of  said  tracks  shall  be 
on  the  same  grades  as  the  present  established  grades  of  said 
streets  and  alleys,  and  that  the  tracks  hereby  authorized  to 
be  constructed  shall  be  put  in  under  the  direction  of  the  com- 
missioner of  Public  Works  of  said  City  of  St.  Paul,  and  in 
such  manner  as  he  shall  direct,  and  the  rails  thereof  shall  not 
be  higher  than  the  top  of  the  surface  of  the  ground,  and  said 
Company  whenever  recpiired  by  the  Commissioner  of  Public 
Works  or  directed  so  to  do  by  the  Common  Council  shall 
piank  in  such  manner  as  shall  be  directed  the  space  lying  be- 
tween the  rails  of  said  tracks  and  for  a  space  of  at  least  two 
i  V  i  feet  outside  of  each  rail  of  said  tracks  and  keep  and  main- 
tain the  same-  in  proper  condition,  and 

Provided,  further,  that  the  authority  and  permission  here- 
b)  granted  is  upon  the  further  condition  that  when  any  paving 
shall  be  ordered  by  the  Common  Council  upon  any  street  up- 
on, along  or  across  which  the  track's  hereby  authorized  are 
laid,  the  said  Railway  Company  shall  in  like  manner  and  with 
like  material,  at  it-  own  cost  and  expense,  pave  such  parts  of 
any  ami  all  snch  streets  a--  may  lie  between  the  rails  of  each 
track  ami  between  the  lines  of  double  tracks,  and  For  a  space 
of  eighteen  inches,  on  either  side,  outside  of  its  track  or  track-. 
where  such  paving  may  have  been  ordered  a-  aforesaid,  ami  in 
-aid  Company  shall,  after  being  ordered  so  to  do  by  the 
nor  Council,  neglecl  for  tin-  space  of  thirt)  days  to  lay 
and  construcl  such  paving,  then  the  same  may  be  done  under 

the    direction    of   the    City   of    Si.    Paul    at    the   expense    of   -aid 

Railway  Company,  and  the  amounl  of  said  expense  ami  the 

thereof  -hall  be  I  b)  the  proper  authorities  of  -aid 

City,  againsl  the  propert)   of  -aid  Company,  upon  like  notice 

and  in  like  manner,  a-  if  the  same   were  to  b,  d  againsl 

propert)  of  private  individuals,  and  the  amount  so  assessed 
shall  also  be  a  personal  obligation  of  -aid  Compan)  and  shall 
be  chargeable  to  and  -hall  be  paid  by  it. 

The  authority  ami  permission  hereb)   granted  is  upon  the 
further  condition  that  an)   am!  all  real  propert)   nov   01   lien 


958 

after  owned  1>\  said  Chicago  Great  Western  Railway  Com- 
pany, and  abutting  upon  thai  portion  of  any  of  the  streets  or 
alleys  upon  or  along  which  the  track  or  tracks  herein  author- 
shall  be  laid,  shall  be  liable  to  the  lien  of  local  improve- 
ment assessments,  and  may  be  assessed  for  its  proportions  of 
the  cost  and  expense  of  any  and  all  local  improvements  to  the 
same  extent  and  with  like  effect  as  if  such  property  were 
owned  by  a  private  individual,  until  said  tracks  shall  be  or- 
dered removed  by  the  Common  Council  as  herein  provided. 

2448.  Sec.  2.  The  rights  hereby  granted  may  be  revoked 
or  annulled  and  said  tracks  ordered  removed  by  the  Common 
Council  whenever  it  shall  be  of  the  opinion  that  public  neces- 
sity shall  so  require,  and  in  the  event  of  such  revocation  and 
annulment,  all  right  and  authority  of  the  said  Company  to 
maintain  said  tracks  shall  cease  and  determine  and  said  Corn- 
shall   thereupon  and  within   ninety    (90)    days  after  the 

service  upon  it  of  a  copy  of  the  resolution  or  ordinance  direct- 
itch  removal,  take  up  and  remove  said  tracks.  The  said 
Chicago  Great  Western  Railway  Company  shall  at  all  times 
indemnify  and  save  harmless  the  City  of  St.  Paul  from  any  and 
all  claims  for  damages  on  account  of  any  injury  to  persons  or 
rty  sustained  by  any  person,  firm  or  corporation  in  con- 
sequence of  the  construction,  maintenance,  operation  and  re- 
moval of  said  tracks,  and  reimburse  said  City  for  all  sums 
which  it  may  be  required  to  pay  as  damages  and  for  costs  and 
expenses  in  defending  any  such  claims. 

2449.  Sec.  3.  The  Chicago  Great  Western  Railway  Corn- 
pan}-  shall  within  thirty  (30)  days  after  the  passage  and  pub- 
lication of  this  ordinance,  file  with  the  City  Clerk  in  the  City 
of  St.  Paul,  its  written  acceptance  thereof;  otherwise  this  ordi- 
nance shall  have  no  force  or  effect. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication  and  acceptance  as 
hereinbefore  provided. 


!  I.V.I 

CHICAGO,     MILWAUKEE     &    ST.     PAUL  RAILROAD 

COMPANY. 

Ordinance  No.  1083. 

i  Passed  December  18,  1888.) 

2450.  An  Ordinance  permitting  the  Chicago,  Milwaukee  & 

St.  Paul  Railroad  Company  to  construct  a  railroad 
track  across  Chestnut  street  as  herein  specified, 
and  to  repeal  ordinance  No.  1054. 

The  Common   Council  of  the  City  of  St.  Paul  do  ordain   as 

follows : 

Sec.  1.  Permission  is  hereby  given  and  granted  unto  the 
Chicago,  Milwaukee  &  St.  Paul  Railroad  Company  to  con- 
struct, maintain  and  operate  a  railroad  track  over  and  across 
Chestnut  street  in  the  City  of  St.  Paul,  at  a  point  within  forty 
(  in  i  feet  of  the  northerly  line  of  lots  numbered  eight  (8),  nine 
f.'i.  and  ten  (10)  of  block  forty-six  (hi)  of  Rice  &  trvine's 
Addition  to  St.  Paul,  extended  across  said  Chestnul  street, 
such  crossing  to  be  made  upon  the  present  grade  line  of  said 
Chestnut  street  at  the  point  and  place  of  crossing. 

2451.  Sec.  2,  Said  track  where  it  crosses  said  Chestnut 
street  shall  not  he  used  For  the  storage  of  cars,  ami  no  car 
shall  remain  upon  said  Chestnul  street  for  a  longer  period  than 
two   i  2 )    minutes.     Provided,   however,   thai    this  authority    is 

by  given  and  granted  to  said  Chicago,  Milwaukee  &  St. 
Paul  Railroad  Company  upon  the  express  condition  that  said 
company  shall  replace  the  pavemenl  upon     lid  Chestnut  street 

in  like  ■ d  repair  and  condition  as  the  same  now  is,  and  at 

all  time-  during  the  continuance  of  their  railroad  tracks  hereby 
authorized  shall  and  will  keep  ^ ; , i , l  pavement  thereon  in  the 
same  o  mdit  ion. 

2452.  Sec.  3  That  the  -aid  track  shall  be  constructed  and 
completed  and  m  operation  within  sixtj    (60)  days   from  the 

nid  publical ion  of  tin-  i ordinance. 
I.     The  common  council  '>i  the  Cit)   of  St.  Paul  re 
es  the  right  to  order  said  tra<  I  d  Chestnut  street 

taken   up  and   removed   at   an)    time  upon  giving  sixty    (60) 


960 

-    notice  to  said  Chicago,  Milwaukee  &  St.  Paul  Railroad 
npany. 

2453.  Sec.  5.  That  ordinance  number  ten  hundred  and 
fifty-four  (1054),  entitled  "Permitting  the  National  Lumber 
Company  to  construct  a  railroad  track  across  Chestnut  street 
as  herein  specified,"  be  and  the  same  is  hereby  repealed. 

2454.  Sec.  6.  The  common  council  of  the  City  of  St.  Paul 
reserves  the  right  to  repeal  this  ordinance  at  any  time. 

Sec.  7.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Ordinance  No.  1827. 

(Approved  July  18,  1895.) 

2455.  An  Ordinance  permitting  the  Chicago,  Milwaukee  & 

St.  Paul  Railroad  Company  to  construct,  maintain 
and  operate  a  side  track  in  St.  Paul,  Minnesota, 
over  and  across  Cleveland  avenue  and  along  Gil- 
bert street,  from  and  between  a  point  on  the  south- 
erly line  of  its  right  of  way  east  of  said  Cleveland 
avenue,  and  a  line  six  hundred  and  fifty  (650)  feet 
west  of  and  parallel  with  said  Cleveland  avenue, 
and  drawn  north  and  south  across  said  Gilbert 
street. 

The   Common  Council  of  the  City  of  St.   Paul  do  ordain  as 
follows : 

Sec.  1.  Permission  is  hereby  given  and  granted  unto  the 
Chicago.  Milwaukee  &  St.  Paul  Railroad  Company  to  con- 
struct, maintain,  and  operate  a  side  track  in  St.  Paul.  Minne- 
sota, over  and  across  Cleveland  avenue  and  over  and  along 
Gilbert  street,  in  Merriam  Park,  fourth  (4th)  addition  to  St. 
Paul,  from  and  between  a  point  on  the  southerly  line  of  its 
right  of  way  east  of  said  Cleveland  avenue,  and  a  line  six 
hundred  and  fifty  (650)  feet  west  of  and  parallel  with  said 
Cleveland  avenue,  and  drawn  north  and  south  across  said  Gil- 
bert street.  Said  track  shall  be  constructed,  maintained  and 
operated  upon  the  present  grade  of  said  avenue  and  street  or 
such  other  grade  as  the  city  council  of  St.  Paul  mav  hereafter 


961 

establish  for  said  avenue  and  street.  Said  railway  company 
shall  hold  said  St.  Paul  harmless  against  all  damages  1>\ 
reas<  in  hereof. 

2456.  See.  2.  Said  track,  where  it  crosses  said  Cleveland 
avenue,  shall  not  be  used  for  the  storage  of  cars,  and  no  car 
shall  remain  upon  said  Cleveland  avenue  on  said  side  track 
for  a  longer  period  than  five  (5)  minutes.  Said  track,  where 
it  crosses  said  Cleveland  avenue,  shall  be  thoroughly  planked 
from  gutter  to  gutter  between  the  rails,  and  for  at  least  one 
(  1  )  foot  outside  of  each  rail. 

I  As  amended  by  <  )rd.  L836,  Sept.  5th,  1895,  §  1.  I 

2457.  Sec.  3.  Before  said  railway  company  shall  construct 
or  operate  said  track  on  said  Gilbert  street  it  shall  obtain  per 
mission  in  writing  so  to  do  of  the  owners  of  the  lol  or  lots 
facing  on  that  portion  of  said  Gilbert  street,  in  Eronl  of  which 
lol  or  lots  it  may  desire  to  construct  and  operate  its  said  track  ; 
provided,  the  city  council  of  the  City  of  St.  Paul  reserves  the 
right,  whenever  it  shall  be  of  the  opinion  the  public  interests 
so  require,  by  a  majority  vote  of  all  members  elect,  to  cause 
said  side  track  to  be  removed  upon  ninety  (90)  days'  notice 
so  to  d< ». 

2458.  Sec.  I.  Said  Railway  Company  shall,  within  sixty 
(60)  day-  after  the  publication  of  this  ordinance,  file  with  the 
cit\  clerk  of  St.  Paul  its  written  acceptance  of  the  terms  and 
provisions  hereof,  and  in  the  event  of  its  failing  so  to  do  this 
ordinance  shall  be  void. 

Sec.  5.     This  ordinance  shall  take  effecl  and  be  in  force 
fn  »m  and  after  it  -  publical  i(  >n. 

Ordinance  No.  1981. 
i  Approved   May  9,   L898.  i 

2459.  An   Ordinance   to   adjust   certain   existing   controver- 

sies between  the  City  of  St.  Paul  and  the  Chicago, 
Milwaukee  &   St.   Paul  Railway   Company. 

Whereas,    Certain    controversies    have    heretofori 
between  the  City  of  St.  Paul  and  the  Chii  ago,  Milwaukee  and 
St.  Paul  Railway  Company  relative  to  the  respective  righl    ol 


962 

said  city  and  of  said  company  in  and  to  certain  lands  situated 
in  said  City  of  St.  l'anl.  and  known  as  the  public  levee  of  said 
city,  upon  the  northerly  bank  of  the  Mississippi  river,  between 
the  northeasterly  line  of  Sibley  street  and  the  southwesterly 
line  of  Kittson's  Addition  to  said  city,  and  also  relative  to  the 
respective  rights  of  said  city  and  said  company  in  and  to  cer- 
tain land  in  said  City  known  as  Broadway  street;  and  actions 
being  now  pending  in  the  District  Court  of  Ramsey  County, 
Minnesota,  to  determine  the  respective  rights  of  said  city  and 
said  company  in  and  to  the  said  several  parcels  of  land  in 
which  actions  both  said  city  and  said  company  are  parties; 
and. 

Whereas,  It  is  now  the  mutual  desire  of  said  city  and  said 
company  to  compromise  and  settle  the  existing  controversies 
between  said  city  and  said  company  concerning  the  said  so- 
called  levee  and  the  said  so-called  Broadway  street,  upon  the 
conditions  hereinafter  in  this  ordinance  specified  :  and. 

Whereas,  The  right  of  way  and  the  tracks  of  said  com- 
pany intersect  Summit  avenue,  in  said  City  of  St.  Paul,  below 
the  grade  of  said  avenue,  and  said  railway  company  is  under 
obligations  to  construct  and  maintain  over  its  said  right  of 
way.  where  the  same  intersects  said  avenue,  a  bridge  or  via- 
duct of  such  character  and  dimensions  as  shall  be  reasonably 
necessary  to  accommodate  the  public  travel  on  said  avenue, 
and  to  that  end  it  is  considered  proper  and  necessary  that  said 
cc  mpany  should  replace  the  present  bridge  over  said  right  of 
way  with  a  new  and  more  substantial  structure,  and  it  is  the 
mutual  desire  of  said  city  and  said  company  that  the  character 
and  dimensions  of  said  new  structure  should  be  agreed  upon  ; 

2460.  Now,  therefore,  for  the  purpose  of  compromising  all 
such  matters,  the  Common  Council  of  the  City  of  St.  Paul  do 
ordain  as  follows  : 

Sec.  1.  In  consideration  of  the  rent  hereinafter  reserved. 
the  Chicago,  Milwaukee  &  St.  Paul  Railway  Company  is  here- 
by authorized  and  empowered  to  maintain  and  use  for  the  term 
of  fifteen  (15)  years,  from  January  1,  1898,  its  two  freight 
houses,  now  used  by  said  company,  upon  the  northerly  bank 
of  the  Mississippi  river  northeasterly  of  the  northeasterly 
line  of  Sibley  street,  in  said  city;  that  is  to  say,  said  company 


963 

is  authorized  and  empowered  to  maintain  and  use  its  brick 
freight  house,  upon  the  land  now  occupied  by  said  brick 
freight  house,  which  land  is  situated  in  said  City  of  St.  Paul,  in 
the  County  of  Ramsey  and  state  of  .Minnesota,  and  is  bounded 
and  described  as  follows: 

Beginning  at  a  point  on  the  northeasterly  line  of  Sibley 
street  seventy-five  (75)  feet  southeasterly  from  the  southwesl 
corner  of  block  number  twenty-nine  ('-"•»)  of  St.  Paul  Proper; 
thence  northeasterly  three  hundred  sixt)  (360)  feet  to  a  point 
perpendicularly  distant  seventy-eight  i  bs  >  feet  from  the  south- 
easterly line  of  said  block  number  twenty-nine  (29),  pro 
duced  northeasterly  :  thence  southeasterly  at  right  angles  to 
the  immediately  preceding"  course  fifty  (50)  feet ;  and  thence 
southwesterly  at  right  angles  to  the  last  named  course  to  the 
northeasterly  line  of  Sibley  street;  thence  northwesterly  fifty 
(50)  feet,  more  or  less,  to  the  point  of  beginning. 

And  said  company  is  so  authorized  and  empowered  to 
maintain  and  use  its  other  freight  house  upon  the  land  now 
occupied  by  such  other  freight  house,  which  last  mentioned 
land  is  situated  in  said  city,  and.  so  far  as  in  controversy,  is 
bounded  and  described  as  follows: 

Beginning  at  a  point  on  the  northeasterly  line  of  Broad 
way  street  produced  southeasterly,  four  hundred  sixteen  i  L16) 

southeasterly  from  the  northwesterl)  line  of  block  num- 
ber four  i  I  ).  of  Hopkin's  Addition  to  St.  Paul,  produced  north- 
erly; thence  southwesterly,  three  hundred  fift)  (350)  feel 
to  a  point  perpendicularly  distant  four  hundred  five  i  I11"')  feet 
from  the  northwesterly  line  of  block  number  three  (3)  of  said 
fiopkin's  Addition ;  th  erl)  at  right  angles  to  the 

immediately    preceding    course,    fift)  three    (53)    feet;    thence 
northeasterly   three  hundred   fift)    (350)   feet    more  or  less  to 
the   northeasterl)    line  of    Broadway   street,   produced   south 
erly;  thence  northwesterl)    on   said  northeasterl)    hue  of 

Broadwa)   street,  to  the  point  of  beginning. 

2461.        Said  railwa)  compan)   is  further  authorized  and  em- 
ered   for  and  during   said   term   of  fifteen    (15)    years,   to 

maintain,  use  and  operate  it--  prevent  railrpad  tracks  adja 
lid  freighl  hoi  h  hi  ius<     and  the 

Mississippi  river  and  northeasterly  of  Sibley  street,  to  be 


onl)  for  the  operation  of  cars  to,  From  and  alongside  of  said 
freight  houses  respectively,  in  and  for  the  purpose  of  loading 
and  unloading  freight  ;  but  the  right  so  to  maintain,  use  and 
operate  said  tracks  is  so  granted  upon  the  express  condition 
that  if  the  Cit)  of  St.  Paul  shall  construct,  or  by  ordinance  per- 
mit other  persons  or  corporations  to  construct  wharves  along 
the  northerly  hank  of  said  river,  easterly  of  the  northeasterly 
line  of  Sibley  street,  for  the  purpose  of  furnishing  a  landing 
place  tor  boats  and  vessels  navigating,  the  Mississippi  river, 
the  said  railway  company  shall,  when  requested  by  said  city 
so  to  do,  so  arrange  such  tracks  as  to  afford  a  convenient  pass- 
ageway  to  and  for  individuals,  teams  and  wagons,  between 
such  wharves  and  the  unoccupied  portion  of  the  public  levee 
lying  between  the  northeasterly  line  of  said  Sibley  street  and 
the  southwesterly  line  of  said  Kittson's  Addition,  which  pass- 
ageway shall  be  made  between  the  said  freight  houses  as  now 
located  and  constructed  at  such  point,  and  in  such  manner  as 
the  City  Engineer  of  the  City  of  St.  Paul  shall  direct. 

Said  railway  company  is  further  hereby  authorized,  em- 
powered and  required  to  remove  said  freight  houses  and  the 
tracks  last  mentioned  from,  and  vacate,  the  granted  premises, 
within  ninety  (90)  days  from  and  after  the  expiration  of  the 
term  hereby  granted,  paying  proportionate  rent  for  the  ac- 
tual time  in  such  removal  consumed  after  such  expiration. 

2462.  Sec.    '-i.     The    permission    and   authority   granted   by 

this  ordinance  are  upon  the  express  agreement  and  under- 
standing, that  the  said  railway  company  shall  comply  with 
the  following  conditions,  to-wit : 

2483.  First — The  said  railway  company  shall  pay  to  said 

City  of  St.  Paul  as  rent  for  the  use  of  hereinabove  bounded  and 
described  lands,  and  for  the  right  to  maintain  and  operate  said 
tracks.,  the  sum  of  five  hundred  ($500)  dollars  per  annum  for 
and  during  said  term  ;  which  rent  shall  be  paid  annually,  in 
advance,  at  the  office  of  the  City  Treasurer  of  said  city,  on  or 
before  the  tenth  day  of  January,  of  each  and  every  year,  dur- 
ing said  term,  except  that  the  rent  for  the  year  1898  shall  be 
paid  within  ninety  (90)  days  after  the  publication  of  this  ordi- 
nance. 


965 

2164.  Second — Said  railway  company  shall  not,  during  said 

term,  use  said  premises  for  any  purpose  except  the  receipt, 
storage  and  delivery  of  freight  by  said  company,  in  connec- 
tion with  its  business  as  a  common  carrier,  and  for  the  offices 
of  its  local  officers  and  agents,  and  said  company  shall  not 
sub-let  any  portion  of  said  premises,  or  assign  any  rights 
hereby  granted. 

2465.  Third — Said   railway    company    shall    consent    to   the 

entry  of  judgment  in  that  certain  action  commenced  by  filing 
the  complaint  March  24,  A.  I).  L887,  in  the  office  of  the  Clerk 
of  the  District  Court  of  Ramsey  County.  State  of  Minnes 
wherein  the  City  of  St.  Paul  is  plaintiff  and  the  said  railway 
company  is  the  defendant,  and  which  action  was  brought  to 
recover  possession  from  said  company  of  the  Eollowing  de- 
scribed parcel  of  land  situated  in  said  city,  to-wit: 

All  that  parcel  of  land  beginning  at  the  southeast  corner 
of  l..t   number  six   (('»).  of  block  number  four   i  I)    of   Eiopkin's 
Addition  to  St.  Paul,  according  to  the  plat  of  said  addition  re 
corded  in  the  office  of  the  Register  of  Deeds  of  said  Ramse} 
County    on    the    nineteenth    day    of    June,    A.    I).    1854;    thence 

nding  westward  in  a  continuous  line  along  the  south  line 
of  blocks  Eour  (4)  and  three  (3)  of  said  Hopkin's  Addition 
and  across  Rosabel  street  and  Wacouta  streel  to  the  west  line 
of  '.aid  Wacouta  street;  thence  southerly  on  the  said  west 
line  of  -aid  Wacouta  street  produced,  to  the  Mississippi  river; 
thence  easterly  along  the  -aid  Mississippi  river  to  the  westerly 
line  of  Broadway  street  produced;  thence  northerl)  along  the 
said  westerly  line  of  -aid  Broadway  streel  to  the  place  of 
beginning  : 

In  and  by  which  judgment  it  -hall  be  adjudged  and  de- 
creed that  all  said  premises  have  been  dul\  dedicated  to  public 
Use  a-  a   public   levee  and   landing,  and   that    said   city   have  and 

recover  the  possession  of  all  thereof  lying  southeasterly  of  the 

ground    occupied    b\     and    in    the    usual    operation    ''I    the    two 

i  northerly  tracks  of  said  railway  company  across  said 
premises;  which   last    mentioned   tracl  pari   of  the  con 

nection  required  by  chapter  93,  of  the  Special  Laws  of  1872; 
such  judgmenl   shall  be  without  costs  or  disbursements,  but 


966 

in  other  respects  in  such  form  as  shall  he  approved  by  the 
O  >rporation  Attorney. 

2466.  Fourth — The   said   railway   company   shall  also  con- 

sent to  entry  of  judgment  in  that  certain  other  action  com- 
menced by  the  service  of  the  summons  and  complaint  on  the 
defendant  of  January  2,  A.  1).  1891,  wherein  said  city  is  the 
plaintiff  and  said  railway  company  is  defendant:  which  last 
mentioned  action  is  now  pending"  in  said  District  Court,  and 
was  brought  to  recover  possession  from  said  company  of 
parcel  of  land  sitttated  in  said  city,  described  and  bounded  as 
follows,  to-wit : 

Commencing  at  the  intersection  of  the  northwest  bank 
of  the  Mississippi  river,  in  the  City  of  St.  Paul,  Minnesota, 
with  the  east  line  of  Sibley  street,  in  said  city,  as  the  same 
exists  in  St.  Paul  Proper,  if  extended  southerly  to  said  Mis- 
sissippi river,  and  thence  northerly  along  said  east  line  of  said 
Sibley  street  extended  as  aforesaid  one  hundred  twenty  (120) 
feet ;  thence  easterly  at  right  angles  with  said  east  line  of  Sib- 
ley street,  extended  as  aforesaid,  to  an  intersection  with  the 
east  line  of  Wacouta  street,  as  the  same  exists  between  St. 
Paul  Proper  and  Hopkin's  Addition,  in  said  city,  extended 
southerly  along  said  east  line  of  Wacouta  street,  extended  as 
aforesaid,  to  the  northwest  bank  of  the  said  Mississippi  river, 
and  thence  along  said  bank  of  said  river  to  the  place  of  be- 
ginning. 

In  and  by  last  mentioned  judgment  it  shall  be  adjudged 
and  decreed  that  as  between  the  City  of  St.  Paul  and  said 
railway  company,  said  city  is  the  owner  in  fee  simple  of  all 
that  portion  of  land  sought  to  be  recovered  in  the  last  men- 
tioned action,  which  lies  southwesterly  of  the  southwesterly 
line  of  "Wacouta  street,  considered  as  produced  to  the  river, 
and  southeasterly  of  the  lands  and  property  of  the  St.  Paul 
Union  Depot  Company;  and  that  said  city  have  and  recover 
of  said  railway  company  the  possession  of  so  much  of  the  last- 
ly described  portion  of  such  land  as  lies  southeasterly  of  the 
ground  occupied  by,  or  in  the  usual  operation  of,  the  two 
most  northerly  tracks  of  said  railway  company  upon  the  prem- 

in  suit  and  adjacent  to  the  northern  boundary  thereof: 
which   last  mentioned  tracks   are  part  of  the   connection   re- 


967 

quired  by  said  act  of  1872;  which  last  aforesaid  judgment  shall 
be  without  costs  or  disbursements,  but  in  other  respects  in 
such  form  as  shall  be  approved  by  the  Corporation  Attorney. 

2467.  Fifth— The  said  railway  company  shall,  as  to  itseff, 
consent  to  the  entry  of  judgment  in  that  certain  other  action 
pending  in  said  District  Court,  wherein  the  city  is  plaintiff 
and  the  St.  Paul  Union  Depot  company  and  said  railway  com- 
pany  are  defendants  and  wherein  the  summons  and  complaint 
were  served  on  said  railway  company  on  July  25,  A.  D.1893, 
and  which  last  mentioned  action  was  brought  to  recover  pos- 
session  of  the  southeast  four  hundred  (400)  feet  of  the  parcel 
of  land  situate  in  said  city,  county  and  state,  and  described 
and  bounded  as  follows,  to-wit: 

Commencing  at  the  most  southerly  corner  of  block  num- 
ber sixty-one  (61)  of  Kittson's  Addition  to  the  City  of  St. 
Paul,  in  the  City  of  St.  Paul,  Minnesota;  thence  running 
southeasterly  on  the  northeasterly  line  of  Broadway  streel  in 
the  City  of  St.  Paul  to  the  Mississippi  river;  thence  southwest- 
erly and  at  right  angles  with  said  Broadway  street  eighty  (80) 
feet  southwesterly  and  at  right  angles  from  the  point  of  begin- 
ning; thence  northeasterly  in  a  straight  line  to  the  place  oi 
beginning ; 

In  and  by  the  terms  of  which  last  mentioned  judgment, 
ii  shall  be  adjudged  and  decreed,  as  againsl  said  railway  com- 
pany, thai  said  Broadway  street  exists  as  a  lawful  street  of 
the  said  city,  eighty  <'s,n  feel  in  width,  southeaster^  from 
the  lands  claimed  and  occupied  by  the  said  St.  Paul  Union 
Depol  Company,  and  to  the  Mississippi  river;  the  northeasl 
erly  line  of  which  streel  is  the  southwesterly  line  of  block 
eight)  (80)  ol  Kittson's  Addition  to  the  Citj  of  St.  Paul, 
according  to  the  recorded  plat  thereof  on  file  in  the  offia 
the  Register  of  Deeds  of  said  Ran         I  surveyed  by 

lann-    \.  Case;  and  that   said  city  have  and  recover  of  said 

railway  company  the  ]■  ion  of     aid  land,  subject.  hOWi 

f<  the  perpetual  righl  of  said  railway  compan)  to  maintain 
and  operate  acros  aid  streel  its  two  mo  I  northerly  tracks 
lying  southerl)    of  s;d'l  lands  claimed  and  occupied   by 

said  Union  Depol  Company,  which  lasl  mentioned  track*  are 
part  of  the  connection  required  b}    aid  acl  of  L872;  which  lasl 


968 

mentioned  judgment  shall  be  without  costs  or  disbursements 
but  in  other  respects  in  such  form  as  shall  be  approved  by  the 
C<  irporation  Attorne) . 

2468.  Sixth—The  said  Chicago,  Milwaukee  &  St.  Paul  Rail- 
way Company  shall  execute  and  deliver  to  the  City  of  St. 
Paul  a  satisfaction  of  the  judgment  for  cost  rendered  in  favor 

aid  company  and  against  the  city  in  the  Supreme  Court 
of  the  State  of  Minnesota,  on  November  20,  1896,  for  the  sum 
of  nine  hundred  and  fifty-one  and  69-100  dollars  ($951.69) 
upon  the  appeal  of  said  company  from  an  order  of  said  District 
Court,  in  the  action  first  hereinbefore  referred  to. 

2469.  Sec.  •'!.  The  said  Chicago,  Milwaukee  &  St.  Paul 
Railway  Company  shall  at  once  commence,  and  on  or  before 
the  first  day  of  September,  1898,  shall  complete  the  construc- 
tion of  a  steel  plate  girder  bridge  one  hundred  (100)  feet  in 
width  over  its  right  of  way  where  the  same  intersects  Summit 
avenue  in  said  City  of  St.  Paul,  including  the  necessary  abut- 
ments and  approaches  thereto,  the  roadway  of  said  bridge  to 
be  seventy  (70)  feet  in  width,  paved  with  asphaltum  laid  on 
buckle-plates,  and  to  contain  a  sidewalk  fifteen  ( 15 )  feet  in 
width  on  either  side  of  said  roadway,  with  plank  flooring. 
Said  bridge  to  be  constructed  according  to  a  plan  prepared  by 
the  City  Engineer  of  said  City  of  St.  Paul,  in  October,  189(1, 
and  heretofore  submitted  to  said  railway  company,  and  now 
on  hie  in  the  office  of  said  City  Engineer,  and  upon  suitable 
specifications  to  be  submitted  to  and  approved  by  said  City 
Engineer.  Said  structure  to  be  properly  painted,  maintained 
and  kept  in  repair  by  said  railway  company. 

2470.  Sec.  1.  The  Chicago.  Milwaukee  &  St.  Paul  Rail- 
way Company  shall  execute  and,  within  twenty  (20)  days 
alter  the  passage  and  publication  of  this  ordinance,  file  with 
the  City  Clerk  of  the  City  of  St.  Paul,  its  written  acceptance 
hereof,  agreeing  to  comply  with  all  its  terms  and  conditions  ; 
which  acceptance  shall  be  in  such  form  as  shall  be  approved  by 
the  Corporation  Attorney;  which  acceptance  shall  include  a 
tormal  surrender  of  the  possession  of  all  parts  of  the  premises 
heretofore  in  controversy  the  use  of  which  is  not  hereinbefore 
granted   to   said  railway   company,   and  an   agreement   to  re- 


969 


in 


ove  and  vacate  as  required  in  the  last  paragraph  of  section  l 
hereof;  and  the  Corporation  Attorney  is  hereby  authorized 
and  instructed,  upon  such  filing  of  such  acceptance,  to  stipu- 
late for  judgment  in  the  various  actions  hereinbefore  men- 
tioned, upon  the  terms  and  conditions  hereinbefore  specified, 
and  thereon  to  cause  judgment  to  be  entered  accordingly  in 
each  acti<  m. 

2471.  Sec.  5.  'Idle  permission  and  authority  given  and 
granted  by  this  ordinance  is  upon  the  further  express  under 
standing,  that  if  the  said  railway  company  shall  at  an\  time 
neglect  or  fail  to  comply  with  any  of  the  terms  and  conditions 
of  this  ordinance,  or  shall  violate  any  of  the  provisions  thereof, 
then  the  right  of  said  company  longer  to  maintain  the  freighi 
houses  and  track's  specified  in  Section  1  of  this  ordinance 
shall  cease,  and  said  company  shall  thereupon,  if  thereto  re- 
quired by  direction  of  the  Common  Council,  remove  said 
freight  houses  and  tracks   from   the  parcels  of  land  described 

.in  section  1  of  this  ordinance,  wherever  the  same  are  situated. 
Sec.   ii.     After  the   passage  and   publication   of  this  ordi- 
nance   it   -hall   take  effect   and  he  in  force   from   and  after  such 
acceptance    thereof    as    Specified    in    Section     I    hereof,    and    not 

mer. 

Ordinance  No.  1986. 
i  Approved  June  8,  1898. ) 

2472.  An   Ordinance   to  adjust  certain   existing   controver- 

sies between  the  City  of  St.  Paul  and  the  Chicago. 
Milwaukee  &  St.  Paul  Railway  Company. 
Whereas,    certain    controversies    have    heretofore    arisen 

''ii    Hi'-    City    of   St:    Paul    and    the   Chicago,    Milwaukee   & 

St.   Paul   Railwaj    Company,  relative  to  the  respective  rights 

ot   -aid  city  and  of  said  COmpan)    m   and   to  certain   lands   situ 
ated    ill    said    City   of   St.    Paul,   and    known   as    the    public    l( 

of  said  city,  upon  the  northerly  hank  of  the  Mississippi  river, 
between  the  northeasterl)   line  of  Sibie)  streel  and  the  south 

westerly  line  of    Kittson's   Addition   to  said  city,  ami  also  rela 

live  to  the  respective  rights  of  said  city  and  said  company  in 

and    to   certain    land    in    said    city    known    a       Broadway    Street; 


970 

and  actions  being  now  pending  in  the  district  court  of  Ramsey 
county,  Minnesota,  to  determine  the  respective  rights  of  said 

and  said  company  in  and  to  the  said  several  parcels  of 
land  in  which  actions  both  said  city  and  said  company  are 
parties :  and 

Whereas,  It  is  now  the  mutual  desire  of  said  city  and 
said  company  to  compromise  and  settle  the  existing  controver- 
-  3  between  said  city  and  said  company  concerning  the  said 
so-called  levee  and  the  said  so-called  Broadway  street  upon 
the  conditions  hereinafter  in  this  ordinance  specified;  and 

Whereas,  the  right  of  way  and  the  tracks  of  said  com- 
pany intersect  Summit  avenue,  in  said  City  of  St.  Paul,  below 
the  grade  of  the  said  avenue,  and  said  railway  company  is  un- 
der obligations  to  construct  and  maintain  over  its  said  right  of 
way.  where  the  same  intersects  said  avenue,  a  bridge  or  via- 
duct of  such  character  and  dimensions  as  shall  be  reasonably 
necessary  to  accommodate  the  public  travel  on  said  avenue, 
and  to  that  end  it  is  considered  proper  and  necessary  that  said 
company  should  replace  the  present  bridge  over  said  right  of 
way  with  a  new  and  more  substantial  structure,  and  it  is  the 
mutual  desire  of  said  city  and  said  company  that  the  character 
and  dimensions  of  said  new  structure  should  be  agreed  upon; 

Xow,  therefore,  for  the  purpose  of  compromising  all  such 
matters,  the  Common  Council  of  the  City  of  St.  Paul  do  ordain 
as  follows : 

2473.  Sec.  1.  In  consideration  of  the  rent  hereinafter  re- 
served, the  Chicago,  Milwaukee  &  St.  Paul  Railway  Company 
is  hereby  authorized  and  empowered  to  maintain  and  use,  for 
the  term  of  fifteen  i  15  i  years,  from  January  1,  1898.  its  two 
Jit  houses  now  used  by  said  company  upon  the  northerly 
bank  of  the  Mississippi  river,  northeasterly  of  the  northeast- 
erly line  of  Sibley  street,  in  said  city ;  that  is  to  say,  said  com- 
pany is  authorized  and  empowered  to  maintain  and  use  its 
brick  freight  house  upon  the  land  now  occupied  by  said  brick 
freight  house,  which  land  is  situated  in  said  City  of  St.  Paul 
in  the  County  of  Ramsey  and  State  of  Minnesota,  and  is 
bounded  and  described  as  follows: 

Beginning  at  a  point  on  the  northeasterly  line  of  Sibley 
street,   seventy-five    (75)    feet  southeasterly   from    the   south- 


97] 

west  corner  of  block  number  twenty-nine  (29),  of  St.  Paul 
Proper;  thence  northeasterly  three  hundred  sixty  (360)  feet 
to  a  point  perpendicularly  distant  seventy-eight  <  78)  feet  from 
the  southeasterly  line  of  said  block  number  twenty-nine  (29), 
produced  northeasterly;  thence  southeasterly  at  right  angles 
to  the  immediately  preceding  course,  lift)  (50)  feet;  and 
thence  southwesterly,  at  right  angles,  to  the  last  named  course, 
to  the  northwesterly  fifty  (50)  feet,  more  or  less,  to  the  point 
of  beginning. 

And  said  company  is  so  authorized  and  empowered  to 
maintain  and  use  its  other  freight  house  upon  the  land  now  oc- 
cupied by  such  other  freight  house,  which  last  mentioned  land 
i-  situated  in  said  city,  and,  so  far  as  in  controversy,  is  bound- 
ed and  described  as  follows: 

Beginning  at  a  point  on  the  northeasterly  line  of  Broad- 
way street  produced  southeasterly,  four  hundred  sixteen  I  L16) 
feet  southeasterly  from  the  northwesterly  line  of  block  num- 
ber four  i  1  '  of  Hopkin's  Addition  to  St.  Paul  produced  north-: 
easterly;  thence  southwesterly,  three  hundred  fifty  (350)  feet 
to  a  point  perpendicularly  distant  four  hundred  five  I  L05)  feet 
from  the  northwesterly  line  of  block  number  three  (3),  of 
said  Hopkin's  Addition;  thence  southeasterly,  at  right  angles 
to  the  immediately  preceding  course,  fifty-three  (53)  feet; 
thence  northeasterly  three  hundred  fifty  (350)  feet,  more  or 
less,  to  the  northeasterly  line  of  Broadway  streel  produced 
southwesterly;  thence  northwesterly  on  said  northeasterl} 
line  of  said  Broadway  street,  to  the  point  of  beginning. 

2474.  Said  railwa)  compan)  is  further  authorized  and  em 
powered,  for  and  during  said  term  of  fifteen  (15)  years,  to 
maintain,  use  and  operate  its  presenl  railroad  tracks  adjacent 
to  said  freighl  houses,  extending  between  such  bouses  and  the 
Mississippi  river  and  northeasterly  of  Sibley  street,  to  be  used 
only  for  the  operation  of  cars  to,  from  and  alongside  of  said 
freighl  houses  respectively,  in  and  for  the  purpose  of  loading 
and  unloading  freight;  bul  the  right  so  to  maintain,  use  and 
operate  said  tracks  •  ■  granted  upon  the  express  condition 
thai  if  the  City  of  St.  Paul  shall  construct,  or  1>\  ordinance 
permil  other  persons  or  corporations  to  construct  wharves 
along  the  northerly   banl  d  river  easterly  of  the  north 


972 

easterly  line  of  Sible)  street,  for  the  purpose  of  furnishing  a 
landing  place  for  boats  and  vessels  navigating  the  Mississippi 
river,  the  said  railway  company  shall,  when  requested  by  said 
city  so  to  do,  so  arrange  such  tracks  as  to  afford  a  convenient 

igeway  to  and  fro,  for  individuals,  teams  and  wagons, 
between  such  wharves  and  the  unoccupied  portion  of  the  pub- 
lic levee  lying  between  the  northeasterly  line  of  said  Sibley 
street  and  the  southwesterly  line  of  said  Kittson's  Addition, 
which  passageway  shall  be  made  between  the  said  freight 
houses  as  now  located  and  constructed  at  such  point,  and  in 
such  manner  as  the  City  Engineer  of  the  City  of  St.  Paul  shall 
direct. 

Said  railway  company  is  further  hereby  authorized,  em- 
powered and  required  to  remove  said  freight  houses  and  the 
tracks  last  mentioned  from  and  vacate  the  granted  premises, 
within  ninety  (90)  days  from  and  after  the  expiration  of  the 
term  hereby  granted,  paying  proportionate  rent  for  the  actual 
time  in  such  removal  consumed  after  such  expiration. 

2475.  Sec.  2.  The  permission  and  authority  granted  by 
this  ordinance  are  upon  the  express  agreement  and  under- 
standing that  the  said  railway  company  shall  comply  with  the 
following  conditions,  to-wit : 

2476.  First — The  said  railway  company  shall  pay  to  said 
City  of  St.  Paul  as  rent  for  the  use  of  the  hereinabove  bounded 
and  described  lands,  and  for  the  right  to  maintain  and  operate 
said  tracks,  the  sum  of  five  hundred  ($500)  dollars  per  an- 
num for  and  during  said  term  ;  which  rent  shall  be  paid  an- 
nually, in  advance,  at  the  office  of  the  City  Treasurer  of  said 
city,  on  or  before  the  tenth  day  of  January  of  each  and  every 
year  during  said  term,  except  that  the  rent  for  the  year  1898 
shall  be  paid  within  ninety  (90) -days  after  the  publication  of 
this  ordinance. 

2477.  Second — Said  railway  company  shall  not  during  said 
term  use  said  premises  for  any  purpose  except  the  receipt. 
storage  and  delivery  of  freight  by  said  company,  in  connec- 
tion with  its  business  as  a  common  carrier,  and  for  the  offices 
of  its  local  officers  and  agents,  and  said  company  shall  not  sub- 


let  any  portion  of  said  premises,  or  assign  any  rights  hereby 
granted. 

2478.  Third — Said  railway  company  shall  consent  to  the 
entry  of  judgment  in  that  certain  action  commenced  by  filing 
the  complaint  .March  24,  A.  1).  L887,  in  the  office  of  the  Clerk 

he  District  Court  of  Ramsey  County,  State  of  .Minnesota, 
wherein  the  City  of  St.  Paul  is  plaintiff  and  the  said  railway 
company  is  defendant,  and  which  action  was  brought  to  re- 
cover possession  from  said  company  of  the  following  described 
parcel  of  land,  situate  in  said  city,  to- wit  : 

All  that  parcel  of  land  beginning  at  the  sontheast  corner 
of  lot  number  six  ((i).  of  block  number  four  (  1  ).  of  Hopkin's 
Addition  to  St.  Paid,  according  to  the  plat  of  said  addition 
recorded  in  the  office  of  the  Register  of  Deeds  of  said  Ramsey 
County  on  the  19th  day  of  June,  A.  1).  1854  ;  thence  extending 
westward  in  a  continuous  line  along  the  south  line  of  blocks 
four  (4)  and  three  (3)  of  said  Hopkin's  Addition,  and  across 
Rosabel  street  and  Wacouta  street  to  the  west  line  of  said 
Wacouta  street  :  thence  southerly  on  the  said  west  line  of  said 
Wacouta  street,  produced,  to  the  Mississippi  river;  thence 
easterly  along  said  Mississippi  river  to  the  westerly  line  of 
Broadway  street,  produced;  thence  northerly  along  the  said 
westerly  line  of  said  Broadway  street  to  the  place  of  begin- 
ning. 

In  and  by  which  judgment  il  shad  he  adjudged  and  de- 
I  thai  all  said  premises  have  been  duly  dedicated  to  pub- 
lic use  a-  a  public  levee  and  landing,  anil  that  said  cit)  have 
and  recover  the  possession  of  all  thereof  lying  southeasterly 
of  the  ground  occupied  1>\  and  in  usual  operation  of  the  two 
mosl  northerl)  tracks  of  said  railwa)  company  across  said 
premises;  which  lasl  mentioned  tracks  are  pari  of  the  con 
nection  required  l>\  chapter  D3  of  Special  Laws  of  1872;  such 
juclgmenl  shall  he  withoul  co  ts  or  disbursements,  hut  in  o 
respects  in  such  form  a-  -hall  be  approved  by  the  Corporation 
Atti  »rne) . 

2479.  Fourth  The  ;ii<l  railwaj  company  shall  also  cor 
sent  to  eiiitw  of  judgmenl  in  thai  certain  other  action  com 
menced  by  the  service  of  the  summons  and  complainl  on  the 


!•;  i 

defendant  on  Jan.  2,  A.  I).  L891,  wherein  said  city  is  the  plain- 
tiff and  said  railway  company  is  defendant;  which  last  men- 
tioned action  is  now  pending  in  said  District  Court,  and  was 
brought  to  recover  possession  from  said  company  of  a  parcel 
of  land  situate  in  said  city,  described  and  bounded  as  fol- 
low s,  to-wit : 

Commencing  at  the  intersection  of  the  northwest  bank  of 
the  Mississippi  river  in  the  City  of  St.  Paul,  Minnesota,  with 
the  cast  line  of  Sibley  street,  in  said  city,  as  the  same  exists  in 
Si.  Paul  Proper,  if  extended  southerly  to  said  Mississippi 
river,  and  thence  northerly  along"  said  east  line  of  said  Sibley 
street,  extended  as  aforesaid,  one  hundred  twenty  (120)  feet; 
thence  easterly  at  right  angles  with  said  east  line  of  Sibley 
street,  extended  as  aforesaid,  to  an  intersection  with  the  east 
line  of  Wacouta  street,  as  the  same  exists  between  St.  Paul 
Proper  and  Hopkin's  Addition,  in  said  city,  extended  southerly 
in  a  straight  line  to  the  northwest  bank  of  said  Mississippi 
river ;  thence  southerly  along  said  line  of  Wacouta  street, 
extended  as  aforesaid,  to  the  northwest  bank  of  the  said  Mis- 
sissippi river,  and  thence  along  said  bank  of  said  river  to  the 
place  of  beginning. 

2480.  In  and  by  the  last  mentioned  judgment  it  shall  be  ad- 

judged and  decreed  that  as  between  the  City  of  St.  Paul  and 
said  railway  company  said  city  is  the  owner  in  fee  simple  of 
all  that  portion  of  the  land  sought  to  be  recovered  in  the  last 
mentioned  action,  which  lies  southwesterly  of  the  southwest- 
erly line  of  Wacouta  street,  considered  as  produced  to  the 
river,  and  southeasterly  of  the  lands  and  property  of  the  St. 
Paul  Union  Depot  company ;  and  that  said  city  have  and  re- 
cover of  said  railway  company  possession  of  so  much  of  the 
described  portion  of  such  land  as  lies  southeasterly 
of  the  ground  occupied  by.  or  in  the  usual  operation  of  the  two 
i  northerly  tracks  of  said  railway  company  upon  the 
premises  in  suit  and  adjacent  to  the  northern  boundary  there- 
of: which  last  mentioned  tracks  are  part  of  the  connection 
required  by  said  act  of  1872;  which  last  aforesaid  judgment 
shall  be  without  costs  or  disbursements,  but  in  other  respects 
in  such  form  as  shall  be  approved  by  the  Corporation  At- 
torney. 


973 

2481.  Fifth — The  said  railway  company  shall,  as  to  itself, 
consent  to  the  entry  of  judgment  in  that  certain  other  action 
pending  in  said  district  court,  wherein  said  city  is  plaintiff  and 
the  St.  Paul  Union  Depot  company  and  said  railway  company 
are  defendants,  and  wherein  the  summons  and  complaint  were 
served  on  said  railway  company  on  July  '2-\  A.  D.  1893,  and 
which  last  mentioned  action  was  brought  to  recover  posses- 
sion of  the  southeast  four  hundred  (400)  feet  of  the  parcel  of 
land  situate  in  said  city,  county  and  state,  and  described  and 
bounded  as  follows,  to-wit: 

Commencing  at  the  most  southerly  corner  of  block  num- 
ber sixty-one  (61)  of  Kittson's  Addition  to  the  City  of  St.  Paul, 
in  the  City  of  St.  Paul,  Minnesota:  thence  running  southeast- 
erly on  the  northeasterly  line  of  Broadway  street  in  the  City 
of  St.  Paul  to  the  Mississippi  river;  thence  southwesterly  and 
at  right  angles  with  said  Broadway  street  eighty  (80)  feet; 
thence  northwesterly  and  parallel  with  the  first  mentioned  line 
to  a  point  eighty  (80)  feet  southwesterly  and  at  right  angles 
from  the  point  of  beginning;  thence  northeasterly  in  a  straight 
line  to  the  place  of  beginning: 

2482.  In  and  b)  the  terms* of  which  last  mentioned  judg- 
ment, it  shall  be  adjudged  and  decreed,  as  against  said  railwa) 
company,  that  said  Br< »adway  street  exists  as  a  lawful  street  oi 
said  cit)  eighty  (80)  feet  in  width,  southeasterly  from  the 
land-  claimed  and  occupied  by  the  St.  Paul  Union  Depot  Com 
pany,  and  to  the  Mississippi  river;  the  northeasterly  line  of 
which  street  is  the  southwesterly  line  of  block  eighty  (80),  of 
Kittson's  Addition  to  the  Cit)  of  St.  Paul,  according 
to    the    recorded    plat     thereof     on     file     in     tin  of 

of  Deeds  of  said  Ramse)  county,  as  surveyed 
by  James  \.  Case;  and  that  said  cit)  have  and  recovei 
of  said  railwa)  compan)  the  possession  of  said  land. 
subject,  however,  to  the  perpetual  right  of  said  railwa) 
company  to  maintain  and  operate  ai  id   street   its  two 

mosl   northerly  tracks  lyi  iiitherly  of  the  said  lands 

claimed  and  occupied  by  said   Union   Depot   company,  which 
mentioned  tracks  are  part  of  the  connection  required  b) 
said  act  of  1872;  which  lasl  mentioned  judgmenl  shall  be  with 
oni  costs  or  disbursements  bul  in  oth<  r  r<    pi  i  I     in    u<  h 
a  -  shall  be  approved  b)  the  Corporation   Attorney. 


976 

2483.  Sixth— The  said  Chicago,  Milwaukee  &  St.  Paul 
Railway  company  shall  execute  and  deliver  to  the  City  of  St. 
Paul  a  satisfaction  of  the  judgment  for  costs  rendered  in  favor 
of  said  company  and  against  the  city  in  the  supreme  court  of 
the  State  of  Minnesota,  on  Nov.  20,  L896,  for  the  sum  of  nine 
hundred  and  fifty-one  and  69-100  dollars  ($951.69)  upon  the 
appeal  of  said  company  from  an  order  of  said  district  court,  in 
the  action  first  hereinbefore  referred  to. 

2484.  Sec.  3.  The  said  Chicago,  Milwaukee  &  St.  Paul 
Railway  company  shall  promptly  commence,  and  on  or  before 
the  30th  day  of  November,  L898;  complete  the  construction  of  a 
steel  plate  girder  bridge,  one  hundred  (100)  feet  in  width, 
over  its  right  of  way  where  the  same  intersects  Summit  ave- 
nue, in  said  City  of  St.  Paul,  including  the  necessary  abut- 
ments and  approaches  thereto,  the  roadway  of  said  bridge  to 
be  seventy  (70)  feet  in  width,  paved  with  asphaltum  laid  on 
buckle  plates,  and  to  contain  a  sidewalk  fifteen  (15)  feet  in 
width  on  each  side  of  said  roadway,  with  plank- flooring ;  said 
bridge  to  be  constructed  by  the  City  Engineer  of  said  city,  in 
October,  1896,  heretofore  submitted  to  said  railway  company, 
identified  by  the  signatures  of  L.  W.  Rundlett  and  Onward 
Bates,  and  now  on  file  in  the  office  of  said  City  Engineer, 
and  upon  specifications  heretofore  approved  by  said  City  Engi- 
neer and  filed  in  his  office  likewise  identified.  Said  structure 
to  be  properly  painted,  maintained  and  kept  in  repair  by  said 
railway  company. 

2485.  Sec.  1.  The  Chicago.  Milwaukee  &  St.  Paul  Railway 
company  shall  execute  and.  within  twenty  (20)  days  after  the 
passage  and  publication  of  this  ordinance,  file  with  the  City 
Clerk  of  said  city  its  written  acceptance  hereof,  agreeing  to 
comply  with  all  its  terms  and  conditions;  which  acceptance 
shall  be  in  full  form  as  shall  be  approved  by  the  Corporation 
Attorney,  and  which  acceptance  shall  include  a  formal  sur- 
render oi  the  possession  of  all  parts  of  the  premises  in  said 
ordinance  described,  which  by  virtue  of  the  judgments  in  and 
by  said  ordinance  provided  for  are  to  be  recovered  by  said 
city,  and  whereof  the  use  is  not  in  and  by  said  ordinance 
granted  to  said  company;  and  an  agreement  to  remove    and 


977 

vacate  as  required  in  the  last  paragraph  of  Section  1  of  said 
ordinance  :  and  the  Corporation  Attorney  is  hereby  authorized 
and  instructed,  upon  such  tiling  of  such  acceptances,  to  stipu- 
late for  judgment  in  the  various  actions  in  said  ordinance  men- 
tioned, upon  the  terms  and  conditions  therein  specified,  and 
thereon  to  cause  judgment  to  be  entered  accordingly  in  each 
such  actii  m. 

For  better  illustration  the  several  portions  of  the  lands 
heretofore  in  controversy,  to-wit,  the  portions  whereof  the 
use  is  hereby  granted,  the  portions  thereof  to  be  so  recovered 
and  surrendered,  and  the  portions  thereof  not  to  be  recovered 
by  the  city  are  severally  exhibited  by  a  tracing  and  a  blue-print 
identified  by  the  signature  of  James  E.  Markham,  the  Corpor- 
ation Attorney,  and  W.  H.  Xorris,  the  counsel  for  the  railway 
company,  whereof  the  blue-print  is  retained  by  the  railway 
company,  and  the  tracing  is  filed  with  the  City  Clerk:  the 
latter  shall  be  permanently  attached  to  this  ordinance  after 
publication  thereof. 

2486.  Sec.  5.  The  permission  and  authority  given  and 
granted  by  this  ordinance  is  upon  the  further  express  under- 
standing that  if  the  said  railway  company  shall  at  an)  time 
neglect  or  fail  to  comply  with  any  of  the  terms  and  conditions 
of  this  ordinance,  or  shall  violate  any  of  the  provisions  there'')". 
then  the  righl  of  said  company  longer  to  maintain  the  freight 
houses  and  tracks  specified  in  Section  1  of  this  ordinance  shall 
and  said  company  shall  thereupon  if  thereto  required  by 
direction  of  the  Common  Council,  remove  said  freight  houses 
and  tracks  from  the  parcels  of  land  described  in  Section  1  of 
this  ordinance,    wherever  the   same  are   situated. 

6.  After  the  passage  and  publication  of  this  ordi- 
nance, it  shall  take  effect  and  be  in  force  from  and  after  such 
acceptance  thereof  as  specified  In  Section  I  thereof,  and  not 
sooner. 


978 

Ordinance  No.  2011. 
I  Approved  September  22,  1898.) 

2487.  An  Ordinance  permitting  the  Chicago,  Milwaukee  & 

St.  Paul  Railway  Company  to  construct,  maintain 
and  operate  a  spur-track  across  Second  street  pro- 
duced, a  portion  of  the  public  levee  and  Jackson 
street,  as  herein  specified. 

The  Common  Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  Permission  is  hereby  given  and  granted  unto  the 
Chicago,  Milwaukee  &  St.  Paul  Railway  Company  to  con- 
struct, maintain  and  operate  a  spur-track  across  Second  street 
produced,  a  portion  of  the  public  levee,  and  Jackson  street, 
the  center  line  of  which  spur-track  shall  be  located  and  run 
as  follows  : 

Start  at  a  point  in  the  northwesterly  joint  track  of  the 
Chicago.  Milwaukee  &  St.  Paul  and  the  Chicago,  St.  Paul, 
Minneapolis  &  Omaha  Railway  Companies,  distant  seventy- 
eight  (78)  feet  southwesterly  from  the  intersection  of  said 
joint  track  with  the  southwesterly  side  line  of  Jackson  street 
produced ;  thence  run  northeasterly  on  a  reverse  curve  and 
across  said  Jackson  street,  to  a  point  in  the  southwesterly 
side  line  of  Block  Thirty  (30),  of  St.  Paul  Proper,  distant  four 
i  1 1  feet  from  the  southerly  corner  thereof. 

2488.  Sec.  2.  Said  Chicago,  Milwaukee  &  St.  Paul  Rail- 
way Company  shall  save  said  City  of  St.  Paul  harmless  from 
and  against  all  damages  by  reason  hereof;  and  said  railway 
company  shall  cause  said  track,  where  it  crosses  said  streets 
and  levee,  to  be  thoroughly  planked  or  paved  between  the  rails 
and  maintained  in  proper  repair  and  for  at  least  one  foot  out- 
side  thereof. 

2489.  Sec.  3.  The  Common  Council  of  the  City  of  St.  Paul 
reserves  the  right  to  order  said  track  across  said  streets  and 
levee  to  be  taken  up  and  removed  at  any  time  upon  giving 
sixty  (60)   days'  notice  to  said  railway  company. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


Ordinance  No.  2020. 
(Approved  November  1.  L898.  I 

2490.  An  Ordinance  to  extend  a  certain  provision  of  Ordi- 

nance No.  1986,  entitled  "An  ordinance  to  adjust 
certain  existing  controversies  between  the  City  of 
St.  Paul  and  the  Chicago,  Milwaukee  &  St.  Paul 
Railway  Company." 

Whereas,  The  said  ordinance  No.  L986  has  hitherto  re- 
quired the  completion  of  the  Summit  avenue  bridge,  so  called, 
on  or  before  the  thirtieth  day  of  November,  L898,  and  on  ac- 
count of  possible  injury  from  frost  it  is  deemed  injudicious  to 
construct  the  asphaltum  pavement  thereof  this  year. 

Now,  therefore,  the  Common  Council  of  the  said  City  of 
St.  Paul  do  ordain  as  follows: 

2491.  Sec.  1.  That  upon  condition  that  said  bridge  shall 
on  or  before  November  30,  1898,  be  completed  in  other  re- 
spects, and  provided  with  a  temporary  roadway  not  less  than 
thirty-two  feet  in  width,  well  and  sufficient^  planked  and 
furnished  with  suitable  and  sufficient  side  guards,  the  time 
for  the  construction  and  completion  of  such  asphaltum  pave 
ment  shall  be  and  is  hereby  extended  until  April  L5,  L899. 
Such  postponement  of  time  for  the  construction  of  such  as 
phaltum  pavement  according  to  the  requirements  hereof,  shall 
be  without  prej.udice  in  any  respeel  to  any  right  or  privilege 
granted  to  said  railway  company  by  said  Ordinance  Mo.  1986 

This  ordinance  shall  be  in   Force  from  and  after 
the  i  and  publicatii  >n  therei  >f. 

Ordinance  No.  2040. 
i  Appn  ived  April  8,  L899.  i 

2492.  An  Ordinance  further  to  extend  a  certain  provision 

of  Ordinance  No.  1986,  entitled  "An  ordinance  to 
adjust  certain  existing  controversies  between  the 
City  of  St.  Paul  and  the  Chicago,  Milwaukee  &  St. 
Paul  Railway  Company." 

Whereas,  the  said  '  Ordinance  Mo.  L986  originally  required 
the  completion  of  the  Summit  avenue  bridge,  so  called,  on  or 


980 

before  the  30th  day  of  November,  inks,  and  it  was  before  that 
day  deemed  injudicious  to  construct  the  asphaltum  pavement 
of  said  bridge  during  L898,  and  the  time  for  the  construction 
of  such  pavement  was  theretofore  extended  by  Ordinance  No. 
2020  oi  said  city  until  the  15th  day  of  April,  1899,  upon  certain 
conditions  in  the  Ordinance  last  mentioned  set  forth  which 
conditions  have  been  duly  fulfilled;  and 

AYhereas,  By  reason  of  weather  conditions  and  prospects, 
it  is  now  deemed  injudicious,  with  reference  to  the  quality  and 
durability  of  the  work,  to  attempt  construction  of  such  pave- 
ment as  soon  as  April,  15,  1899. 

Xow.  therefore,  the  Common  Council  of  the  said  City  of 
St.  Paul  do  ordain  as  follows : 

2493.  Sec.  1.  In  consideration  of  the  premises  and  the 
time  for  the  construction  and  completion  of  the  asphaltum 
pavement  of  said  Summit  Avenue  Bridge  is  hereby  extended 
until  the  ^lst  day  inclusive  of  May,  1899,  with  the  same  effect 
in  all  respects  as  if  the  date  last  mentioned  had  in  and  by  said 
Ordinance  No.  1986  been  in  that  behalf  originally  limited; 
and  the  extension  hereby  granted  shall  be  without  prejudice 
in  any  respect  to  any  right  or  privilege  granted  to  said  Rail- 
way Company  by  said  Ordinance  No.  1986. 

Sec.  2.  This  ordinance  shall  be  in  force  from  and  after 
the  passage  and  publication  thereof. 

Ordinance  No.  2391. 

(Approved  August  8,  1903.) 

2494.  An  Ordinance  permitting  the  Chicago,  Milwaukee  & 

St.  Paul  Railway  Company  to  construct,  maintain 
and  operate  a  spur  track  across  Chestnut  street,  as 
herein  specified. 

The   Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  Permission  is  hereby  given  and  granted  unto  the 
Chicago,  Milwaukee  &  St.  Paul  Railway  Company  to  con- 
struct, maintain  and  operate  a  spur  track  across  Chestnut 
street,  the  center  line  of  which  spur  track  shall  be  located  and 
run  as  follows : 


981 

Start  at  a  point  in  the  existing  industry  spur  track,  so 
called,  of  said  Railway  Company,  in  Block  Forty-seven  (47) 
of  Rice  &  Irvine's  Addition  to  St.  Paul,  about  sixty-four  (64) 
feet  southwesterly  from  the  southwesterly  side  line  of  said 
Chestnut  street  :  thence  run  northeastwardly,  to  a  point  in  said 
southwesterly  side  line,  distant  one  hundred  forty-one  till) 
feet  southeastwardly  from  the  northeasterly  corner  of  said 
Block;  thence  continuing'  northeasterly  across  said  Chestnut 
street,  to  a  point  in  the  northeasterly  side  line  of  said  street 
distant  one  hundred  and  fifty-five  (155)  feet  southeastwardly 
from  the  northeasterly  corner  of  Block  Forty-six  I  16)  in  said 
Addition,  thence  continuing-  northeastwardly,  to  the  north- 
easterly side  line  of  Lot  Nine  (9)  in  the  Block  last  mentioned. 

2495.  See.  2.  Said  Chicago,  Milwaukee  &  St.  Paul  Rail- 
way Company  shall  save  said  Cii\  of  St.  Paul  harmless  from 
and  against  all  damages  by  reason  hereof;  and  said  Railway 
Company  shall  cause  said  track,  where  it  crosses  said  street. 
to  he  thoroughly  planked  or  paved  between  the  rails,  and 
maintained  in  proper  repair,  and  For  at  leasl  one  foot  outside 
thereof. 

2496.  Sec.  :!.  The  Common  Council  of  the  Cit\  of  St.  Paul 
reserves  the  right  to  order  said  track  across  said  street  to  he 
taken    up    and    removed    at    any    time,    upon    giving    sixty    (60) 

days'  notice  to  said  Railroad  Company. 

Sec.    I.      This   ordinance   shall    take   effect    and    hi-   in    force 
from  and  after  its  passage. 


'.IS  V 

Ordinance  No.  2444. 

(Approved  April  29,  1904.) 

2497.  An  Ordinance  to  authorize  the  Chicago,  Milwaukee 

and  St.  Paul  Railway  Company  to  construct,  main- 
tain and  operate  certain  side  tracks  upon  the  levee, 
across  Jackson  street,  and  in  and  along  Second 
Street,  upon  compliance  with  certain  requirements 
by  Farwell,  Ozmun,  Kirk  and  Company,  and  to 
settle  the  case  of  Ann  Thomas  and  others  against 
the  City  of  St.  Paul. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

Sec.  1.  That  at  the  request  of  Farwell,  Ozmun,  Kirk  and 
Company,  but  subject  to  the  conditions  hereinafter  stated, 
permission  and  authority  are  hereby  granted  to  the  Chicago, 
Milwaukee  &  St.  Paul  Railway  Company,  to  construct,  main- 
tain and  operate  the  following  railway  tracks,  that  is  to  say: 

2498.  First — A  side-track  to  connect  with  the  northerly 
side  of  the  double  main  railway  tracks  in  front  of  lot  ten  (10), 
block  thirty  (30),  of  St.  Paul  Proper,  and  thence  running  along 
and  upon  the  levee  to  and  across  Jackson  street,  and  through 
lot  thirteen  (13)  of  block  thirty-one  (31),  St.  Paul  Proper; 
thence  along  and  upon  the  northerly  seventeen  (1?)  feet  of 
Second  street  as  far  as  the  southwesterly  side  line  of  lot  seven 
(7)  in  said  block  thirty-one  (31)  produced. 

2499.  Second — Another  side-track,  diverging  from  the  one 
above  described  at  the  easterly  curb  line  of  Jackson  street, run- 
ning thence  northerly  of  said  other  track,  across  Jackson  street 
to  and  into  said  block  thirty-one  (31)  ;  both  of  which  tracks 
shall  be  constructed  substantially  as  shown  upon  the  blue 
print  maj)  attached  to  the  petition  of  said  Farwell,  Ozmun, 
Kirk  and  Company,  relating  thereto,  under  date  of  February 
15,  190],  and  on  the  file  with  the  City  Clerk. 

Said  tracks  may  be  constructed  on  a  practical  grade  for 
operation,  but  shall  not  be  so  built  or  maintained  as  to  en- 
danger or  interfere  with  travel  on  Jackson  street,  and  cars  or 
engines  shall  not  be  stored  or  left  standing  in  Jackson  street. 


983 

2500.  Sec.  2.  That  the  permission  and  authority  granted 
in  Section  one  ( 1)  of  this  ordinance  are  upon  the  express  con- 
dition that  said  Farwell,  Ozmun,  Kirk  &  Company  shall  ful- 
fill and  comply  with  the  following  requirements,  viz: 

2501.  (1)  Construct  and  complete  a  building  upon  said 
block  thirty-one  (31),  within  three  years  from  the  passage  of 
this  ordinance,  to  conform  substantially  to  the  description 
contained  in  their  said  petition  and  as  shown  on  said  map. 

2502.  Restore  the  surface  and  pavement  of  Jackson 
street  in  as  good  condition  as  the  same  was  before  laying  said 
tracks,  and  plank  or  cause  to  be  planked  that  portion  of  Jack- 
son street  between  the  outer  rails  of  said  tracks  and  to  the 
ends  of  the  ties  ontside  thereof,  on  either  side  ;  and  at  all  times 
maintain  and  keep  such  planking  in  good  repair. 

2503.  i  '■'<  i  Rearrange  and  repair  any  catch-basins  or  nian- 
holes  that  may  be  interfered  with  by  laying  said  tracks  or  do- 
in  g  said  work. 

2504.  i  I  i  Construct,  as  soon  as  said  tracks  arc  laid,  and 
maintain,  a  good  and  substantial  masonry  retaining  wall  along 
the  southerly  side  of  said  track  to  lie  laid  in  Second  street,  at 

as  high  as  the  surface  of  the  street,  with  substantial  iron 
guard  railing  on  the  top  and  outer  edge  thereof,  of  sufficienl 
heighl  to  protect  travel  on  said  street;  tin-  top  of  such  retain- 
ing wall  shall  be  so  constructed  as  to  provide  a  curb  and  gutter 
for  drainage  of  water:  all  to  be  constructed  under  the  plans 
and  specifications  to  be  prepared  or  approved  1>_\  tin-  G 
missioner  of  Public  Works. 

2505.  i  5  I  Pave  with  sandstone,  on  n  concrete  foundation, 
in  accordance  with  cit)  specifications  for  similar  paving,  all 
the  residue  of  the  width  of  thai  portion  of  Second  street,  and 
the  roadway  used  in  connection  therewith,  including  the  por- 
tion of  lot  thirteen  <  13)  mentioned  in  paragraph  seven  of  this 

on,  not  already  paved,  between  Jackson  streel  and  the 
southwesterly  side  line  of  said  Io1  seven  (7)  produced  aci 

nd  street,  as  soon  as  said  tracks  are  laid  and  the  retaining 
wall  hereby  authorized  is  constructed. 


984 

2506.  (6)      All  of  said  work  shall  be  done  under  the  super- 
n  ami   to  the  satisfaction  of  the  Commissioner  of  Public 

Works,  and  subject  to  all  the  provisions  of  the  charter  and 
ordinance-  of  said  city  now  or  hereafter  in  force,  applicable 
thereto,  and  none  of  said  streets  shall  be  obstructed  longer 
than  is  necessary  to  perform  said  work  as  speedily  as  possible. 

2507.  '  (7)  That  all  that  portion  of  lot  thirteen  (13)  of 
Rundlett's  Subdivision  of  lot  one  (1)  of  said  block  thirty-one 
(31),  heretofore  used  under  the  proposal  of  said  Railway 
Company,  accepted  by  the  Common  Council  resolution 
"Board  File  Xo.  9237,"  approved  Oct.  21,  1898,  shall  remain 
open  for  public  travel  as  heretofore,  and  as  long  as  the  tracks 
herein  authorized  are  maintained  unless  the  Common  Council 
shall  sooner  require  the  removal  of  the  spur  track  authorized 
by  Ordinance  2011,  approved  September  22,  1898. 

2508.  (8)  That  said  Farwell,  Ozmun,  Kirk  &  Company 
shall  and  will  at  all  times  keep  all  excavations  and  obstruc- 
tions in  any  of  the  said  streets  during  the  progress  of  said 
work,  suitably  guarded  and  protected  at  all  times  so  as  to 
prevent  accident  or  injury  to  the  persons  or  property  of  indi- 
viduals or  corporations,  and  shall  and  will  indemnify  and  save 
the  city  harmless  from  any  and  all  -damage,  claims,  judg- 
ments, costs  and  expense  that  may  in  any  way  arise  out  of  or 
be  occasioned  by  the  passage  of  this  ordinance,  or  the  exer- 
cise of  any  right  thereunder,  whether  by  act  of  omission  or 
commission, and  the  recovery  of  any  judgment  against  the  city 
on  account  thereof  shall  be  conclusive  evidence  of  the  right 
of  the  city  to  be  reimbursed  therefor,  provided  said  Farwell, 
Ozmun,  Kirk  and  Company  shall  have  been  notified  of  the 
pendency  of  the  action  in  which  the  same  was  recovered,  and 
shall  have  been  notified  of  the  pendency  of  the  action  in  which 
the  same  was  requested  by  the  city  to  defend  the  same. 

2509.  (9)  Said  Farwell,  Ozmun,  Kirk  &  Company  shall. 
within  sixty  (60)  days  after  the  approval  of  this  ordinance, 
file  with  the  City  Clerk  their  written  acceptance  thereof  in 
form  to  be  approved  by  the  Corporation  Attorney,  wherein 
they  shall  agree  to  abide  by  and  perform  all  the  terms  and 
conditions  hereof. 


985 

2510.  Sec.  ■">.  That  in  consideration  of  the  passage  and  ac- 
ceptance of  this  ordinance  the  Corporation  Attorney  is  hereby 
authorized  and  directed  to  withdraw  the  answer  interposed 
1>\  the  City  of  St.  Paul  in  the  action  mentioned  in  said  pe- 
tition of  Farwell,  Ozmun,  Kirk  &  Company,  wherein  Ann 
Thomas  and  others  are  plaintiffs  against  the  said  city,  now 
pending  in  the  District  Court  of  Ramse}  County,  and  to 
stipulate  on  behalf  of  said  city  that  the  plaintiffs  may  have 
judgment  in  said  action  as  prayed  for  in  the  complaint  therein. 

See.  I.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval,  publication  and  accept- 
ance as  hereinbefore  required. 

CHICAGO,     ST.     PAUL,     MINNEAPOLIS     &     OMAHA 
RAILWAY  CO. 

From  Article   I A  'III.  Municipal  Code    lssi. 

2511.  Sec.  18.  The  Chicago,  St.  Paul.  Minneapolis  & 
Omaha  Railway  Company  is  hereby  authorized,  licensed  and 
permitted  to  enter  upon,  improve,  and  use  for  railway  ware- 
house, depot  and  other  purposes  connected  with  business  .'is 
a  common  carrier,  all  the  streets,  alleys,  lots  and  propert}  now 
owned  or  occupied,  or  which  hereafter  may  be  owned  or  oc 
cupied,  or  in  which  the  City  of  St.  Paul  now  has  or  may  here 
after  acquire  any  right,  title,  or  interest,  situated,  lying,  and 
being  within  the  following  limits  and  bounded  as  follows: 
viz. :     Commencing  at  a  point  in  the  center  of  Pine  street  in 

Kittson's  Addition  to  St.  Paul,  where  a  line  drawn  through  the 

center  of  Prince  street  intersects  the  same;  thence  eastwardly 
along  the  center  of  Prince  street  to  the  center  of  Neil  street; 
thence  easterly  and  northeasterl)  on  the  northerl}  line  of 
the  righl  of  way  of  the  St.  Paul  and  Sioux  ('in  Railroad  Com 
pany,  to  its  intersection  with  the  right  of  wa\  of  the  St.  Paul, 
Minneapolis  ami  Manitoba  Railroad  Company;  thence  south 

erly    along    the    wesl    hue    i  >f    the    righl    of    w,i\    of    last    named 

company  to  and  across  Brook  9treel  to  the  Northeasl  corner  of 
the  block  eighty-one  (81)  in  said  Kittson's  Addition;  thence 
diagonally  across  -aid  block  eight}  one  (81)  to  the  southwest 
corner  of  lot  number  four  I  I  I,  block  eighty-one  (81);  thence 


986 

erl)  along  the  center  line  of  the  alley  between  Prince  and 
Third  streets  to  the  center  of  Pine  street;  thence  northerly 
along  the  center  of  Pine  street  to  the  place  of  beginning.  And 
said  Chicago,  St.  Paul,  Minneapolis  &  Omaha  Railway  Corn- 
pan}-  is  hereby  authorized,  licensed,  and  permitted  to  construct 
railroad  beds,  tracks  and  side  tracks  over  and  across  any  of  the 
street-,  alleys  and  lands  of  said  city,  within  the  boundaries 
aforesaid,  and  to  erect  and  construct  thereon  machine  shops, 
engine  houses,  freight  and  passenger  depots,  and  any  other 
structure  or  works,  necessary  or  convenient  for  the  prompt 
and  due  transaction  of  its  business  as  a  common  carrier,  and 
the  license  and  rights  hereby  are  granted  in  perpetuity,  for 
the  purposes  above  specified,  and  shall  extend  to  and  embrace 
the  acts  done,  and  occupancy  had,  of  said  premises  by  said 
companies  for  said  purposes,  but  for  no  other  said  purpose, 
subject  only  to  the  rights  reserved  to  the  City  of  St.  Paul  and 
the  public,  specified  in  the  next  section. 

2512.  Sec.  19.  It  is  hereby  further  ordained,  that  the 
mayor  and  city  clerk  shall,  without  unnecessary  delay,  after 
the  approval  of  this  ordinance,  convey  by  good  and  sufficient 
deed  or  deeds,  under  the  corporate  seal  of  said  City  of  St. 
Paul,  with  covenants  of  seizin  and  quiet  enjoyment,  to  the 
Chicago,  St.  Paul,  Minneapolis  &  Omaha  Railway  Company, 
for  the  use  and  purposes  specified  in  the  foregoing  section, 
all  easements,  lots  and  lands,  of  every  description,  owned  or 
which  may  be  acquired,  by  said  City,  within  the  boundaries 
mentioned  and  specified  in  the  foregoing  section;  provided, 
that  there  be,  and  hereby  is,  reserved  to  the  City  of  St.  Paul, 
the  right  to  enter  upon  all  the  streets  and  alleys  hereby  con- 
veyed or  authorized  to  be  conveyed,  for  the  sole  purpose  of 
constructing  sewers  or  extending  under  the  surface,  such 
works  of  public  improvement  as  from  time  to  time  shall  be 
found  necessary  by  the  common  council  of  said  city;  such  im- 
provements to  be  made,  however,  in  such  manner  as  will  occa- 
sion the  least  inconvenience  to  said  Chicago,  St.  Paul,  Minne- 
apolis &  Omaha  Railway  Company;  and  also  reserving  to  the 
City  of  St.  Paul  and  the  public,  the  right  to  use,  in  common 
with  the  said  railway  company,  so  much  of  Fourth  street  as  is 
included  in  the  boundaries  and  description  aforesaid. 


9S'i 

Ordinance  No.  1350. 
(Approved  June  :'».    L890.) 

2513.  An   Ordinance   granting  to    the    Chicago,    St.   Paul, 

Minneapolis  &  Omaha  Railway  Company  the  right 
to  lay  a  track  on  a  part  of  Fauquier  street. 

The  Common   Council  of  the  City  of  St.   Paul  do  ordain  as 

follows  : 

Sec.  1.  There  is  hereby  granted  to  the  Chicago,  St.  Paul, 
>.linneapolis  &  Omaha  Railway  Company,  its  successors  and 
assigns,  the  right  to  lay  and  extend  one  (1)  track  of  its  rail- 
way upon  and  along  the  northerly  eight  (8)  feet  of  Fauquier 
street,  in  said  city,  from  a  connection  with  its  present  i 
southerly  track  opposite  the  intersection  of  the  northerly  line 
i  f  said  Fauquier  street  with  the  west  line  of  Edgerton  street, 
and  extending  westerly  to  the  east  line  of  Burr  street,  in  said 
city;  and  to  use  and  operate  the  same  for  railway  purposes, 
subject  to  the  restrictions  hereinafter  named. 

2514.  Sec.  2.     The  aforesaid  grant  is  made  upon   the  ex- 
;s  condition  thai  the  said  track-  so  permitted  shall  be  used 

for    the    purpose    of    furnishing    facilities   for    unloading    from 
-  from  the  line  of  said  railway,  and  for  no  other  purpose. 

2515.  Sec.  3.  There  is  hereby  expressly  reserved  to  said 
common  council  the  right  to  revoke,  modify  or  amend  the 
granl  herein  made,  and  to  require  the  track  herein  permitted 
to  be  moved,  changed  or  taken  away  entirely  upon  one  month's 
notice  to  said  ci  >mpany. 

Sec.    1.     This  ordinance  shall  take  effeel   and  be  in  force 
from  and  after  it s  publical it >n. 

Ordinance  No.  1626. 
I  Approved  <  October  13,   L89 

2516.  An    Ordinance   authorizing    the    Chicago,   St     Paul, 

Minneapolis   &    Omaha    Railway   Company   to   oc- 
cupy a  portion  of  Minnesota  street. 

The  Common  Council  of  the  City  of  St.   Paul  do  ordain   as 

f(  ilk  >WS  : 

Sec.   1 .     Thai  auth<  irit)   and  |><th n  an    li<  i  <  !<•. 

and  granted  unto  the  Chicago,  St.  Paul,  Minneapolis  &  (  >maha 


988 

Railway  Compan}  to  use  and  occupy  all  that  portion  of  Min- 
nesota streel  1\  ing  southerly  of  Second  street  in  the  City  of  St. 
Paul,  said  company  to  use  said  street  for  a  freight  house  and 

house  and  other  purposes  in  connection  with  its  business 
as  a  common  carrier.  Said  company  is  authorized  to  erect 
upon  that  portion  of  said  street  herein  described  such  build- 
ings and  other  fixtures  as  shall  be  reasonably  necessary  to 
such  use,  said  buildings  to  be  approved  by  the  building  in- 
spector of  the  City  of  St.  Paul,  and  proper  permits  obtained 
therefor. 

Provided,  however,  that  nothing  herein  contained  shall  be 
construed  to  prevent  the  City  of  St.  Paul  from  using  said  street 
for  the  purpose  of  constructing  a  bridge  thereon  over  the  Mis- 
sissippi river. 

Provided,  further,  that  the  use  and  occupancy  of  said 
Minnesota  street,  by  said  Chicago,  St.  Paul,  Minneapolis  & 
Omaha  Railway  Company  shall  at  all  times  be  by  and  with 
the  consent  and  permission  of  the  City  of  St.  Paul,  and  not  at 
any  time  adverse  to  the  right  of  said  city  in  and  to  said  Min- 
nesota street. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

Ordinance  No.  1794. 

(Approved  Dec.  22,  1894.) 

2517.  An  Ordinance  authorizing  the  Chicago,  St.  Paul, 
Minneapolis  &  Omaha  Railway  Company  to  lay 
and  maintain  a  spur  track  across  Fauquier,  Reaney 
and  Minnehaha  streets,  in  the  City  of  St.  Paul. 

The  Common   Council  of  the  City  of   St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  permission  and  authority  is  hereby  granted 
and  given  to  the  Chicago,  St.  Paul,  Minneapolis  &  Omaha 
Railway  Company  to  lay  and  maintain,  use  and  operate  a 
spur  track  across  Fauquier  street,  Reaney  street,  and  Minne- 
haha street,  in  the  City  of  St.  Paul,  Minnesota,  the  said  track 
to  commence  on  the  northerly  side  of  Fauquier  street,  oppo- 
site block  fifty  (50),  in  Arlington  Hills  addition  to  the  City  of 


989 

St.  Paul,  and  opposite  lots  three  (3)  and  four  (4),  block  one 
(1),  Borup  &  Payne's  addition  to  the  City  of  St.  Paul  :  thence 
across  Fauquier  street  to  the  southerly  side  thereof  in  front 
of  said  lots  (•">)  and  (4),  in  block  one  (1),  of  said  Born])  & 
Payne's  addition;  thence  across  Reaney  street  in  front  of  lot 
twenty-two  (22),  in  block  one  (1),  of  Borup  6c  Payne's  ad- 
dition, to  the  southerly  side  of  Reaney  street:  in  front  of  lot 
five  (5),  in  block  four  (4),  of  said  Borup  and  Payne's  addition; 
thence  across  Minnehaha  street,  from  the  northerly  side  there- 
of in  front  of  lots  twenty-two  (22)  and  twenty-three  (23),  in 
block  four  (4),  of  Borup  and  Payne's  addition,  to  the  south- 
erly side  of  said  Minnehaha  street  :  in  front  of  block  one  (1),  of 
Irvine's  second  addition  to  the  City  of  St.  Paul ;  said  tracks 
shall  be  laid,  planked  and  replanked,  and  kept  in  such  con- 
dition by  said  railway  company  as  shall  leave  the  said  street 
so  crossed  in  a  safe  condition  for  public  travel,  and  in  such 
manner  as  shall  from  time  to  time  be  ordered  and  directed  by 
the  city  engineer  of  the  said  City  of  St.  Paul;  Provided,  that 
said  railroad  company,  its  successors,  and  assigns,  shall  in- 
demnify the  City  of  St.  Paul  for  any  and  all  losses,  etc.,  caused 
by  said  tracks  or  the  trains  thereon. 

Provided,  also,  that  the  City  of  St.  Paul  reserves  all  rights 
egulate  crossings  of  any  street  crossed  by  said  tracks  and 
to  compel  said  railroad  company,  its  successors,  or  assigns, 
to  bridge  or  provide  other  suitable  crossings  for  their  said 
tracks  when  a  bridge  or  Mich  other  crossing  may  be  by  the 
common  council  deemed  necessary. 

2518.  See.  2.  The  o  hi 1 1 1 1.  n i  council  hereb}  reserves  the 
righl  to  repeal  this  ordinance  and  direel  the  removal  of  said 
track  from  each  and  all  of  said  streets  at  any  time  upon  thirty 
(30)  <lay-'  notice  to  the  said  Chicago,  Minneapolis  and  <  >maha 
Railway  Company. 

Sec.  :;.     Tin-  ordinance  shall  take  effect  and  be  in   force 
from  and  after  its  p;  and  publication,  and  the  filing  in 

the  office  of  the  city  clerk,  1>\  the  said.  Chicago,  Si.  Paul,  Min 
neapolis  &  '  >maha  Railwa)  Company  of  its  written  acceptance 
<  c  i  he  pr<  >visi<  tns  t  here  if, 


990 

Ordinance  No.  2253. 

i  Approved  February  10,  1902.) 

2519.  An  Ordinance  granting  to  the  Chicago,  St.  Paul, 
Minneapolis  &  Omaha  Railway  Company  the  right 
to  construct  and  operate  a  spur  railroad  track  along 
the  east  side  of  Hyde  street  in  the  City  of  St.  Paul. 

The   Common    Council   of  the   City  of   St.   Paul  do  ordain  as 

Fi  >llo\vs : ' 

Sec.  1.  The  Chicago,  St.  Paul.  Minneapolis  &  Omaha 
Railway  Company,  its  successors  and  assigns,  subject  to  the 
conditions  and  limitations  herein  contained,  agreeably  to  the 
prayer  of  the  petition  presented  by  the  owners  of  a  majority 
of  all  the  lots  and  real  estate  abutting  upon  Hyde  street,  a 
public  street  of  the  City  of  St.  Paul,  which  said  petition  has 
been  filed  in  the  office  of  the  City  Clerk  of  said  city,  is  hereby 
authorized  and  licensed  to  put  down,  maintain  and  operate  a 
spur  railroad  track  from  a  point  where  the  westerly  line  of 
lot  3,  in  block  188,  of  Robertson's  Addition  to  West  St.  Paul, 
according  to  the  plat  thereof  recorded  in  the  office  of  the 
Register  of  Deeds  of  Ramsey  County.  Minnesota,  intersects  a 
certain  branch  railroad  track  recently  constructed  by  said  com- 
pany, southwardly  to  the  intersection  of  Hyde  street  with 
Chicago  avenue,  in  the  Sixth  ward  of  said  city,  and  over  and 
across  lots  3.  4.  and  5,  in  said  block  188,  of  Robertson's  Ad- 
dition across  Water  street,  upon  and  over  lot"  6,  in  block  187. 
in  said  Robertson's  Addition,  and  upon  and  along  the  east  side 
of  that  part  of  Hyde  street  lying  between  the  right  of  way 
upon  which  said  branch  railroad  has  been  constructed  and 
said  Cnicago  avenue. 

The  spur  track  hereby  authorized  to  be  located  and  con- 
structed shall  be  put  in  under  the  direction  of  the  Commis- 
sioner of  Public  Works  of  the  City  of  St.  Paul  and  in  such 
manner  as  he  shall  direct,  and  said  track  shall  be  so  construct- 
ed that  the  rails  thereof  shall  not  be  higher  than  the  top  of  the 
surface  of  the  ground,  and  said  company,  whenever  required 
by  the  Commissioner  of  Public  Works  or  directed  so  to  do 
by  the  Common  Council,  shall  plank  or  pave  with  such  ma- 
terial and  in  such  manner  as  it  shall  be  directed,  the  space 


'.fill 

lying  between  the  rails  of  said  track,  and  for  a  space  of  at  least 
two  (2)  feet  outside  of  each  rail  of  said  track,  and  keep  and 
maintain  the  same  in  proper  condition. 

2520.  Sec.  2.  The  spur  track  hereby  authorized  to  be  con- 
structed and  maintained  shall  be  used  only  for  the  loading 
oi  unloading  of  freight  received  or  delivered  to  the  various 
manufacturing  plants  located  on  the  public  levee  and  on 
private  property  adjacent  to  said  street,  and  said  track  shall 
not  be  used  for  the  storage  of  cars,  and  no  cars  shall  be  per- 
mitted to  stand  thereon  except  for  such  time  as  shall  reason- 
ably be  required  to  load  or  unload  the  same  as  the  case  may 
be." 

252r.  Sec.  3.     The  authority  and  license  hereby  granted  to 

construct  and  maintain  said  spur  track  may  be  revoked  or  an- 
nulled, and  said  spur  track  ordered  removed,  by  the  Common 
Council  at  any  time  after  the  expiration  of  ten  years  from  the 
passage  of  this  ordinance,  in  which  case  all  right  and  authority 
ot  said  company  to  maintain  said  track  shall  cease  and  deter- 
mine, and  said  company  thereupon  and  within  ninety  (90) 
days  after  the  service  upon  it  of  a  copy  of  the  resolution  or 
ordinance  directing  such  removal  shall  take  up  and  re 
said  track  and  restore  the  premises  from  which  it  shall  be  so 
removed  to  the  same  condition  as  the  surrounding  portion  of 
said  levee  and  street,  and  shall  put  the  same  in  suitable  and 
proper  condition  for  public  travel  thereon. 

2522.  Sec.  I.  Said  Chicago,  Si.  Paul,  Minneapolis  & 
(  Mnaha  Railway  Company  shall  at  all  times  indemnif)  and 
save  harmless  the  Cit)  of  St.  Paul  from  any  and  all  claims  for 
damages  on  account  of  an)  injur}  i"  person  or  property  sus 
tained  by  any  person,  linn  <<r  corporation  in  consequence  of 
the  construction,  maintenance  and  operation  of  •-aid  spur 
track,  and  shall  reimburse  -aid  city  for  all  Minis  which  ii  may 
In-  required  to  pay  as  damage  costs  or  expenses  in  de 
fending  againsl  such  claims. 

2523.  •'..  Said  Chicago,  Si.  Paul,  Minneapolis  & 
Omaha  Railway  Company,  within  thirt)  (30)  days  From  and 
after  tin-  passage  and  publication  of  tin-,  ordinance,  shall  file 

with  the  City  Clerk  "f  tin-   City  of  St.    Paul  its  written  ace 


992 

ance  thereof,  the  same  to  be  in  such  form  as  shall  he  approved 
by  the  Corporation  Attorney,  otherwise  this  ordinance  shall 
have  no  force  i  >r  effect. 

See.  6.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  publication  and  acceptance  as  here- 
ii.hefore  provided. 

Ordinance  No.  2258. 

(Approved — See  end  of  Ordinance.) 

2524.  An  Ordinance  granting  to  the  Chicago,  St.  Paul,  Min- 
neapolis &  Omaha  Railway  Company  the  right  to 
construct  and  operate  a  spur  railroad  track  in  the 
alley  lying  between  Blocks  "E"  and  "C"  on  the 
north  and  blocks  183  and  "B"  on  the  south,  in 
Robertson's  Addition  to  West  St.  Paul. 

The   Common   Council  of  the  City  of  St.  Paul  do  ordain  as 

follows : 

Sec.  1.  The  Chicago,  St.  Paul,  Minneapolis  &  Omaha 
Railway  Company,  its  successors  and  assigns,  subject  to  the 
conditions  and  limitations  herein  contained,  is  hereby  author- 
ized and  licensed  to  put  down,  maintain  and  operate  a  spur 
railroad  track,  extending  from  a  point  where  the  westerly  line 
of  Lot  2  in  Block  188.  in  Robertson's  Addition  to  "West  St. 
Paul,  according"  to  the  plat  thereof  recorded  in  the  office  of  the 
Register  of  Deeds  of  Ramsey  County,  Minnesota,  is  intersect- 
ed by  a  certain  branch  or  extension  constructed  along  the  west 
bank  of  the  Mississippi  river,  in  the  Sixth  ward  of  said  city, 
eastwardlv  to  the  westerly  boundary  of  South  Wabasha  street, 
and  upon  and  over  lots  1  and  2,  in  said  Block  188  of  Robert- 
son's Addition,  across  Walter  street,  and  along  the  center  line 
of  that  certain  alley  lying  between  Blocks  "E"  and  "C"  on  the 
north  and  Blocks  183  and  "B"  on  the  south  in  said  Robertson's 
Addition. 

The  spur  track  hereby  authorized  to  be  located  and  con- 
structed shall  be  put  in  under  the  direction  of  the  Commis- 
sioner of  Public  Works  of  the  City  of  St.  Paul  and  in  such 
manner  as  he  shall  direct,  and  said  track  shall  be  so  construct- 
ed that  the  rails  thereof  shall  not  be  higher  than  the  top  of 


993 

the  surface  of  the  ground,  and  said  company,  whenever  re- 
quired by  the  Commissioner  of  Public  Works,  or  directed  so 
t  do  by  the  Common  Council,  shall  plank  or  pave  with  such 
material  and  in  such  manner  as  it  shall  be  directed  the  space 
lying  between  the  rails  of  said  track  and  for  a  space  of  at  least 
two  (2)  feet  outside  of  each  rail  of  said  track,  and  keep  and 
maintain  the  same  in  proper  condition. 

2525.  Sec.  2.     The  spur  track  hereby  authorized  to  be  con 
structed   and   maintained   shall   be   used   only    for   loading    or 
unloading  of  freight  received  from  or  delivered  to  the  various 

tufacturing  plants  located  on  the  public  levee  adjacent  to 
said  alley,  and  said  track  shall  not  be  used  for  the  storage  of 
cars,  and  no  cars  shall  be  permitted  to  stand  thereon  except 
for  such  time  as  shall  reasonably  be  required  to  load  or  un- 
load the  same  as  the  case  may  be. 

2526.  Sec.  :i.  The  authority  and  license  lure  granted  to 
construct  and  maintain  said  spur  track  may  be  revoked  or  an- 
nulled, and  said  spur  track  ordered  removed,  by  the  Common 
Council  at  any  time  after  the  expiration  of  ten  years  from  the 
passage  of  this  ordinance,  in  which  case  all  righl  or  authority 
of  said  company  to  maintain  said  tracks  shall  cease  and  deter- 
mine, and  said  company  thereupon  and  within  ninety  (90 
days  after  service  upon  it  of  a  copy  of  its  resolution  or  ordi- 
nance   directing   such    removal    shall    take    up   and    remove    said 

track  and  restore  the  premises  from  which  it  shall  be  s, ,  re 
moved  to  the  same  condition   as  the  surrounding  portion   of 

said    levee   ami    alley,   and    shall    put    the   same    in    suitable   and 

proper  condition  for  public  travel  thereon 

2527.  Sec.     I.     Said    Chicago,     Si.     Paul,     Minneapolis  & 

(  Mnaha  Railwa)  Company  shall  at  all  times  indemnify  and 
save    harmless    the    Cit)    of    St.    Paul    from    any    and    all    claims 

for  damages  on  accounl  of  any  injur)  to  person  oi  property 
sustained  by  an)  person,  firm  or  corporation  in  consequence  of 

the  construction,  maintenance  and  Operation  "\  Paid  spur  track, 
and    shall    reimburse    said    city    for  all    sum1-    which    it    may    be 
required  to  pay  as  damages  or  a    co  ts  or  expenses  in  defend 
ing  againsl  such  claims. 


99  I 

2528.  Sec.  5.  Said  Chicago,  St.  Paul,  .Minneapolis  & 
Omaha  Railwa)  Company,  within  thirty  (30)  days  from  and 
after  the  passage  and  publication  of  this  ordinance,  shall  file 
with  the  Cit}  Clerk  of  the  City  of  St.  Paul  its  written  accept- 
ance thereof,  the  same  to  be  in  such  form  as  shall  be  approved 
1  v  the  Corporation  Attorney,  otherwise  this  ordinance  shall 
have  no  force  or  effect. 

Sec.  ti.  'This  ordinance  shall  take  effect  and  he  in  force 
from  and  after  its  passage,  publication  and  acceptance  as  here- 
infore  provided. 

Returned  by  the  mayor  without  his  approval  Feb.  11th, 
L902;  passed  by  Board  of  Aldermen  notwithstanding-  objec- 
tions  of  the  mayor  Feb.  11.  1902;  by  the  Assembly  February 
L3,  L902. 

RESOLUTION  OF  COUNCIL. 

i  Approved  June  19,  1902.) 

2529.  Whereas,  There  was  heretofore  presented  to  the  As- 
sembly, one  of  the  branches  of  the  Common  Council  of  the 
City  of  St.  Paul,  a  petition  of  the  Chicago,  St.  Paul,  Minneapo- 
lis >.K:  Omaha  Railway  Company,  the  owner  of  more  than  one- 
half  of  the  property  abutting  upon  both  sides  of  Walter  street, 
1  etween  the  southerly  boundary  of  Water  street  and  the 
northerly  boundary  of  Fillmore  avenue,  in  the  said  City  of  St. 
Paul,  praying  for  the  vacation  of  said  Walter  street  between 
the  points  above  mentioned,  which  said  petition  also  recited 
that  the  petitioner  was  the  owner  of  more  than  one-half  of  the 
property  fronting  upon  the  triangular  area  in  the  northwest 
corner  of  block  one  hundred  and  eighty-seven  (187),  of  Rob- 
ertson's Addition  to  West  St.  Paul,  which  is  owned  by  the 
City  of  St.  Paul,  and  is  a  part  of  the  levee,  and  praying  for  the 
vacation  of  the  above  mentioned  triangular  area,  all  as  is  more 
particularly  described  and  shown  upon  the  plat  annexed  to 
said  petition,  which  said  petition  is  duly  verified,  as  provided 
by  law.  and  sets  forth  the  facts  as  to  the  dedication  and  the 
present  use  of  said  street  and  said  triangular  area,  and  the 
reasons  for  such  vacation,  and  shows,  among  other  things  that 
said  street  and  said  triangular  area  in  said  block  187  of  Rob- 


995 

ertson's  Addition  to  West  St.  Paul  have  never  been  opened  for 
public  use  and  never  can  be  of  any  value  for  public  travel  or 
any  other  public  purpose  in  the  event  that  they  are  opened, 
improved  or  graded;  and 

2530.  Whereas,  The  said  Assembly  deemed  it  expedienl 
that  the  matter  therein  referred  to  should  be  proceeded  with, 
and  ordered  said  petition  and  accompanying  plat  to  be  filed 
of  record  in  the  office  of  the  City  Clerk  and  ordered  said  Clerk 
to  give  notice  by  publication  in  the  official  paper  of  the  city, 
to  the  effect  that  said  petition  had  been  filed,  and  stating  in 
brief  its  object,  and  that  said  petition  and  the  subject  matter 
thereof  would  be  heard  and  considered  by  the  Committee  on 
Streets  of  said  Assembly  at  its  regular  stated  meeting  to  be 
held  on  the  12th  day  of  May,  1902,  at  four  o'clock  in  the  after- 
noon of  that  day  at  the  Council  Chamber  in  said  City  of  St. 
Paul,  and  thereupon  said  petition  and  plat  were  duly  filed  in 
the  office  of  the  City  Clerk  of  said  City  of  St.  Paul,  and  said 
notice  was  duly  given  and  published,  and  said  petition,  plat 
and  other  matters  connected  therewith  were  duly  referred  by 
said  Assembly  to  said  committee  for  hearing  and  investiga- 
tion-; and, 

2531.  Whereas,  Said  Committee  on  Streets  of  said  Assem 
bly  did  meet  at  the  Council  Chamber  in  said  city  on  the  day 
and  at  the  hour  above  mentioned  for  the  hearing  thereof,  and 
did  investigate  and  consider  the  matter  of  said  proposed  vaca- 
tion, and  then  and  there  heard  all  testimony  and  evidence  ad- 
duced upon  the  part  of  the  petitioner  and  other  persons  in- 
terested in  the  matter  of  said  proposed  vacation,  and  took 
proof  of  the  matters  averred  in  said  petition,  and  being  of  the 
opinion  that  the  prayer  of  said  petition  should  be  granted,  re- 
ported its  conclusions  to  said  Assembly,  recommending  the 
adoption  of  a  proper  resolution  declaring  said  vacation;  now. 
therefi  ire,  be  it 

2532.  Resolved,  I'.y  the  Common  Council  of  the  City  of  St. 
Paul,  that   Walter  street,  in  the  City  of  St,   Paul,  extending 
from  the  southerly  boundary  of  Water  streel  to  the  northerly 
boundary  of  Fillmore  avenue,  be  and  the  same  is  hereb)   va 
cated  for  the  benefil  of  said  petitioner,  and  that  the  triangular 


996 

area  in  the  northwest  corner  of  block  is;  of  Robertson's  Ad- 
dition to  \\  esl  St.  Paul,  and  commonly  known  as  a  part  of  the 
levee  of  V\  est  St.  Paul,  be  and  the  same  is  hereby  vacated  For 
the  benefit  of  said  petitioner,  subject  to  the  following  con- 
dition: That  said  petitioner  shall  pay  into  the  treasury  of 
said  City  of  St.  Paul,  the  sum  of  Five  Hundred  Dollars 
($500.00),  which  is  hereby  fixed  as  the  compensation  to  be 
paid  by  it  to  the  City  in  consideration  of  said  vacation  ;  and. 

2533.  Whereas,  The  question  has  arisen  whether  or  not 
this  Common  Council  has  the  power  to  vacate  the  said  tri- 
angular area  in  the  northwest  corner  of  said  Block  1ST  of 
Robertson's  Addition  to  West  St.  Paul,  and  it  is  desired  that 
in  and  for  the  stun  of  Five  Hundred  Dollars  ($500)  above 
specified,  the  city  convey  any  and  all  title  it  may  have  to  said 
triangular  piece  to  the  said  petitioner ;  now,  therefore,  be  it 

2534.  Further  resolved.  That  the  proper  city  officers  are 
hereby  authorized  and  directed  to  execute  a  proper  quitclaim 

.  conveying  to  the  said  petitioner,  the  Chicago,  St.  Paul, 
Minneapolis  &  Omaha  Railway  Company,  any  and  all  interest 
the  said  City  of  St.  Paul  may  have  in  said  triangular  area  in 
the  said  block  1ST,  of  Robertson's  Addition  to  West  St.  Paul. 

FIFTH  WARD  TRANSFER  COMPANY. 

Ordinance  No.  1638. 

(Approved  Nov.  7,  1892.) 

2535.  An  Ordinance  granting  to  the  Fifth  Ward  Transfer 

Railway  Company  the  right  to  construct  and  main- 
tain railway  tracks  upon  a  strip  of  land  fifty  (50) 
feet  in  width  upon  the  street  or  levee  in  the  Fourth 
and  Fifth  wards,  in  the  City  of  St.  Paul,  Minne- 
sota. 

The  Common  Council  of  the   City  of  St.  Paul  do  ordain  as 

follows : 

Sec.  1.  There  is  hereby  granted  and  given  unto  the  Fifth 
Ward  Transfer  Railway  Company  of  St.  Paul,  Minnesota, 
its  successors,  and  assigns,  the  right  to  lay  down  railway 
tracks  and  to  operate  and  maintain  railway  tracks  and  rail- 


997 

roads  thereon  upon  the  following  described  portion  of  the 
street  or  levee  fronting  on  the  Mississippi  river  in  the  Fourth 
and  Fifth  wards,  in  the  City  of  St.  Paul.  Minnesota,  described 
as  follows,  to-wit:  A  strip  of  land  fifty  (50)  feet  wide 
throughout  the  entire  length  of  said  street  or  levee  in  said 
Fourth  and  Fifth  wards,  the  northerly  line  of  said  strip  of 
land  running"  and  being"  described  as  follows:  Commencing" 
at  a  point  three  hundred  (300)  feet  east  of  the  intersection  of 
the  easterly  line  of  Market  street  with  the  levee,  and  distant 
sixty  (60)  feet  southeasterly  from  the  northerly  line  of  said 
levee;  thence  southwesterly  along  the  line  parallel  to  the 
northerly  line  of  said  street  or  levee  to  a  point  two  thousand 
two  hundred  and  thirty  (2,230)  feet  southwesterly  from  the 
west  line  of  Chestnut  street;  thence  southwesterly  in  a 
straight  line  to  a  point  sixty  (GO)  feet  distant  southeasterly 
from  the  southeast  corner  of  block  seven  (1),  Kinney,  Bond 
&  Trader's  addition;  thence  southwesterly  along  a  line  parallel 
with  and  sixty  feet  (60)  distant  from  the  northerly  line  of  said 
street  or  levee  to  a  point  sixty  ((id)  feet  southeasterly  from 
the  southeast  corner  of  lot  forty  (40),  block  twenty-eight 
(28),  Stinson,  Brown  &  Ramsey's  subdivision  of  Stinson, 
Id-own  &  Ramsey's  addition;  thence  in  a  straight  line  to  the 
southwest  corner  of  lot  fifty-eight  (58),  block  twenty-eight 
28),  Stinson,  Brown  &  Ramsey's  subdivision  of  Stinson, 
brown  &  Ramsey's  addition:  thence  southwestern  along  the 
northerly  line  of  said  streel  or  levee,  to  the  southeast  corner 
of  lot  eighteen  (18),  block  twenty  nine  (29),  Stinson,  Brown 
&  Ramsey's  subdivision  of  Stinson.  Brown  &  Ramsey's  ad- 
dition. 

2536.  Sec.  2.  Tin-  foregoing  franchise  and  right  of  waj  is 
granted  upon  the  express  condition  following,  town:  Said 
corporation  or  ii  iors  or  a  signs  shad  commence  the 

grading  ami  constructing  of  said  railroad  . . i i  said  Strip  of  land 
on   the   northerly   side    within    tin-    Fourth    and    Fifth    wards   of 
said  City,  prior  to  tin-  firsl   da\    of  A.UgUSt,    1895,  and  shall  con 
tinue  said  grading  or  construction  within  said  ward  s. ,  thai  at 

:   fifteen     thousand     dollars     ($15,| |  shall  be  i    pendi  d 

thereon  prior  to  the  firsl  da\  of  August,  L895,  and  shall  en- 
tirely   complete    the    laying    of    at    hast    one    ill    Hark    of    said 


998 

railroad  on  the  northerly  side  of  said  strip  within  said  ward, 
within  the  year  L895. 

2537.  See. md-  Said  Fifth  Ward  'Transfer  Railway  Com- 
pany, its  snecessors,  and  assigns,  shall  at  all  times  defend  and 
save  harmless  the  said  City  of  St.  Paul  from  any  and  all  dam- 

5,  expenses,  and  suits  arising'  or  accruing"  out  of  the  pass- 
age of  this  ordinance  and  the  use  of  said  levee  and  street  with 
its  ears,  trains  or  tracks. 

2538.  Third — Said  city  of  St.  Paul  hereby  reserves  the 
right,  at  any  and  all  times,  to  extend  or  open  across  said  strip 
in  such  manner  and  at  such  places  as  the  common  council  of 
said  city  may  deem  advisable  any  street,  sewer,  sidewalk, 
bridge,  culvert,  or  other  similar  public  improvement  which  it 
may  deem  advisable.  And  the  said  Fifth  Ward  Transfer  Rail- 
way Company,  its  successors,  and  assigns  shall  at  all  times 
conform  its  raihvay  tracks  to  grades  of  any  streets  or  other 
improvements  crossing  the  said  strip  which  may  be  established 
by  said  city,  and  shall  construct,  maintain  and  operate  upon  all 
streets  crossing  over  said  strip  such  crossings,  gates  and 
danger  signals  as  said  common  council  may  require,  and 
shall  pay  to  said  city,  when  the  same  is  constructed,  the  cost 
of  construction  of  such  portion  of  all  sewers,  culverts,  bridges 
and  other  public  improvements  as  may  be  constructed  by 
said  city  across  said  strip,  including  the  cost  of  approaches  to 
bridges. 

2539.  Fourth — Said  City  of  St.  Paul  hereby  reserves  the 
right  to  hereafter  grant  by  ordinance  to  any  other  railroad 
company,  companies,  or  persons  the  right  to  cross  the  track  or 
tracks  of  said  Fifth  AVard  Transfer  Raihvay  Companv  at  any 
point  on  said  street  or  levee,  or  to  construct  viaducts  there- 
under. 

2540.  Fifth — The  privilege  hereby  granted  shall  be  enjoyed 
by  said  Fifth  Ward  Transfer  Railway  Company,  its  successors 
and  assigns,  subject  to  all  ordinances  that  now  are  or  may 
hereafter  be  in  force  concerning  railroads  in  said  City  of  St. 
Paul. 


999 

2541.  Sixth — It  is  hereby  expressly  provided  that  the  said 
Fifth  Ward  Transfer  Railway  Company,  its  successors,  or  as- 
signs, shall  build  and  construct  at  least  fifty  i  50)  miles  of  new 
railroad  prior  to  the  said  first  day  of  December,  A.  D.  L895, 
which  said  fifty  (50)  miles  of  new  railroad  shall  be  wholly 
built  within  the  State  of  Minnesota,  and  shall  start  from  the 
City  of  St.  Paul  and  shall  connect  with  and  be  a  part  of  the 
railroad  to  be  constructed  on  said  street  or  levee,  the  right  to 
construct  which  is  hereby  granted  :  and  that  if  said  Fifth  Ward 
Railway  Company,  its  successors,  or  assigns,  shall  fail  to  con- 
struct the  full  fifty  (50)  miles  of  new  railroad,  as  herein  speci- 
fied, by  the  first  day  of  December.  A.  I).  1895,  then  all  rights 
and  privileges  hereby  granted  shall  terminate  and  revert  to 
the  City  of  St.  Paul.  ' 

(As  amended  by  Ord.   1640,  approved    Nov.   3,    L892,  §§1,  2; 
I  Ird.  L690,  approved  July  5,  1893,  §  1,  and  (  >rd.  L768, 
approved  July  26,  1894,  §§  1,  :!.     For  said 
amending  ordinances  in  full  see  Or- 
dinances  1640,  1690  and   1768 
in  this  Article.  ) 

2542.  See.  :!.  Said  Fifth  Ward  Transfer  Railway  Com- 
pany, its  successors,  or  assigns,  shall  at  their  own  cost  extend 
across  said  strip  any  and  all  sewers  now  terminating  on  or  in 
said  strip  or  levee,  and  shall  bear  and  pa)  to  said  city  the  cosl 
of  such  portion  of  any  new  sewer  that  may  be  hereafter  built 
by  said  city  as  is  constructed  on  said  strip. 

i  Vs  amended  by  Ord.  1640,  Nov.  3,  L892,  §3.     For  said  I  >rd. 
1640,  in  full,  see  later,  this  Article.') 

2543.  Sec.  I.  Said  Fifth  Ward  Transfer  Railwaj  Com- 
pany shall  tile  with  the  city  clerk-,  within  fifteen  (15)  days 
after  the  passage  and  publication  of  this  ordinance,  a  written 
acceptance  of  the  same  on  the  pari  of  said  company. 

2544.  See.   5.     Said    Fifth    Ward   Transfer    Railwa}    Com 

pany  shall  switch  ear-  to  and   from   any  point   on   its  tracks  on 

-aid  levee  in  said  Fourth  and  Fifth  ward-  of  said  city  to  the 
Minnesota  Transfer  Company's  tracks,  or  other  company's 
tracks  that  this  company's  track  shall  conned  with  within 
said  city  limits,  at  the  same  rates  per  mile  as  is  now  or  may 


10(111 

hereafter  be  charged  by  other  railroad  companies  in  said  city 
for  similar  service. 

2545.  Sec.  6.  A  failure  on  the  pari  of  said  Fifth  Ward 
Transfer  Railway  Company  to  comply  with  any  of- the  terms 
or  conditions  of  this  ordinance  shall  be  deemed  a  waiver  of  all 
the  rights  said  company  may  have  acquired  under  the  ordi- 
nance, and  the  rights  hereby  granted  to  the  company  shall 
terminate. 

This  ordinance  to  take  effect  and  be  in  force  from  and 
after  the  passage  and  publication. 

Ordinance  No.  1640. 
(Approved  November  1.  ls<(.>2.) 

2546.  An  Ordinance  amending  an  ordinance  entitled  "An 

ordinance  granting  to  the'  Fifth  Ward  Transfer 
Railway  Company  the  right  to  construct  and  main- 
tain railway  tracks  upon  a  strip  of  land  fifty  (50) 
feet  in  width  upon  the  street  or  levee  in  the  Fourth 
and  Fifth  wards  in  the  City  of  St.  Paul,  Minne- 
sota." 

The   Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

See.  1.  That  section  two  (2)  of  an  ordinance  entitled  "An 
ordinance  granting  to  the  Fifth  Ward  Transfer  Railway  Com- 
pany the  right  to  construct  and  maintain  railway  tracks  upon 
a  strip  of  land  fifty  (50)  feet  in  width  upon  the  street  or  levee 
in  the  Fourth  and  Fifth  wards,  in  the  City  of  St.  Paul,  Minne- 
sota," passed  by  the  assembly  October  28,  1892,  be  amended 

striking  out  all  the  portion  beginning  with  the  words, 
'"Third — All  railway  tracks,"  and  ending  with  the  words, 
"City  of  St.  Paul  so  to  do,"  and  inserting  in  lieu  thereof  the 
following,  to-wit :  "Third — Said  City  of  St.  Paul  hereby  re- 
serves the  right  at  any  and  all  times  to  extend  or  open  across 
said  >trip  in  such  manner  and  at  such  places  as  the  common 
council  of  said  city  may  deem  advisable  any  street,  sewer,  side- 
walk, bridge,  culvert,  or  other  similar  public  improvements 
which  it  may  deem  advisable.  And  the  said  Fifth  Ward 
Transfer  Railway  Company,  its  successors  and  assigns,  shall 


1001 

at  all  times  conform  its  railway  tracks  to  the  grades  of  any 
streets  or  other  improvements  crossing  the  said  strip  which 
may  be  established  by  said  city,  and  shall  construct,  maintain 
and  operate  upon  all  streets  crossing  over  said  strip  such 
crossings,  gates  and  danger  signals  as  said  common  council 
may  require,  and  shall  pay  to  said  city,  when  the  same  is  con- 
structed, the  cost  of  construction  of  such  portion  of  all  sewers, 
culverts,  bridges,  and  other  public  improvements  as  may  be 
constructed  by  said  city  across  said  strip,  including  the  cosl 
of  approaches  to  bridges.'' 

2547.  Sec.  2.  The  said  section  two  (2)  of  said  ordinance 
hereinabove  referred  to  as  passed  by  the  assembly  October 
28,  1902,  be,  and  the  same  is  hereby  further  amended  by  adding 

id  section  two  i  -i  i  the  following  paragraph,  to-wit: 

2548.  "Sixth — It  is  hereby  expressly  provided  that  the  said 
Fifth  Ward  Transfer  Railway  Company,  its  successors  or  as 
signs,  shall  build  and  construct  at  least  fifty  (50)  miles  of  new 
railroad  prior  to  the  said  first  day  of   December.  A.    I).    L894, 
which  said  fifty  (50)  miles  of  new  railroad  shall  be  wholly  built 
within  the  state  of  Minnesota,  and  shall  start   from  the  Cit)    ol 
St.  Paul  and  shall  connect  with  and  be  a  part  of  the  railroad  to 
be  constructed  on  said  street  or  levee,  the  right   to  construct 
which  is  hereby  granted;  and  that  if  -aid  Fifth  Ward  Transfer 
Railway  Company,  its  successors,  or  assigns,  shall   fail  to  eon 
struct  the  full  fifty  (50)  miles  of  new  railroad,  as  herein  speci 
fied,  by  the  first  day  of  December,  A.  I  >.   L894,  then  all  rights 
and  privileges  hereb)  granted  shall  terminate  and  reverl  to  tin- 
City  of  St.  Paul." 

2549.  (a)     Sec.  3.     Thai    section   three    (3)   of  the  above 
mentioned  ordinance  be  amended  so  a    to  ri  ad  as  follows,  to 

■wit  : 

2550.  ib  i     Sec.   3.     Said    Fifth     Ward    Transfer    Railway 

Company,    its    _,:,  .    ,,r   assigns,*  shall    at    their    own 

nd  across  -aid  strip  an)  and  all  sewer-,  now  terminating 
on  or  in  said  strip  or  levee,  and  shall  bear  and  pa\  to  said  city 
the  cosl  of  such  portion  of  any  new  sewer  that  ma}  be  here- 
after built  by  said  city  as  is  constructed  on  said  strip." 


1002 

2551.  Sec.  I.  That  said  ordinance  as  hereby  amended  is 
ratified  and  c<  >nfirmed. 

2552.  Sec.  5.  The  Fifth  Ward  Transfer  Railway  Com- 
pany shall  file  with  the  city  clerk  of  the  City  of  St.  Paul  within 
fifteen  i  15)  days  after  the  passage  and  publication  of  this  ordi- 
nance a  written  acceptance  of  the  same  on  'the  part  of  said 
company,  agreeing  to  comply  with  each  and  all  of  the  terms 
and  conditions  of  tins  ordinance,  which  said  acceptance  shall 
be  in  such  form  as  shall  be  approved  by  the  corporation  attor- 
ney. 

Sec.  6.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  publication  and  acceptance,  as  here- 
inabove specified. 

Ordinance  No.  1662. 

(Approved  March  9,  1893.) 

2553.  An  Ordinance  granting  to  the  Fifth  Ward  Transfer 

Railway  Company  of  St.  Paul,  Minnesota,  the  right 
to  construct  and  maintain  railway  tracks  upon  the 
strip  of  land  upon  the  street  or  levee  in  the  Sixth 
and  Fourth  wards  in  the  City  of  St.  Paul,  Minne- 
sota. 

The   Common  Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  There  is  hereby  given  and  granted  unto  the  Fifth 
"Ward  Transfer  Railway  Company  of  St.  Paul,  Minnesota,  its 
successors,  or  assigns,  the  right  to  lay  down  raihvay  tracks, 
and  to  fill  for,  construct,  operate,  and  maintain  railroad  tracks 
thereon,  upon  the  following  described  portion  of  the  street  or 
levee  fronting  on  the  Mississippi  river,  in  the  Sixth  ward  of 
the  City  of  St.  Paul,  Minnesota,  described  as  follows,  to-wit: 

A  -trip  of  land  thirty  (30)  feet  along  the  street  or  levee 
in  the  Sixth  ward  of  said  city,  between  Annapolis  street  and 
State  street.  The  w-esterly  line  of  said  strip  of  land  beginning 
at  a  point  wdiere  the  center  line  of  Annapolis  street  crosses 
the  west  line  of  said  levee,  extended,  and  forty  (40)  feet  east 
therefrom ;   thence   running   in    a   northerly   and   westerly   di- 


1003 

rection,  and  parallel  to  the  westerly  and  southerly  line  of  said 
street  or  levee,  and  forty  (40)  feet  distant  therefrom,  to  a 
point  forty  |  10)  feet  north  of  the  point  where  the  southerly 
line  of  said  street  or  levee  intersects  the  west  line  of  State 
strict.  Also  upon  a  strip  of  land  along  the  street  or  levee  in 
said  Sixth  ward,  twenty-five  feet  (25)  in  width,  described  as 
follows:  Beginning  at  a  point  where  the  easterly  line  of  State 
street  intersects  the  southerly  line  of  said  levee,  and  thirty- 
five  (35)  feet  north  therefrom;  thence  westerly  in  a  line  par- 
allel with  it.  and  thirty-five  (35)  feet  north  of  the  south  line 
of  said  street  or  levee  to  the  east  side  of  Robert  street,  in  said 
Sixth  ward;  also  upon  a  strip  of  land  along  said  street  or 
levee,  in  the  Sixth  ward  of  said  city,  twenty-five  (25)  feet  in 
width,  extending  from  the  east  side  of  said  South  Robert 
street  to  the  center  line  of  Hyde  street,  in  said  City  of  St. 
Paul.  The  last  above-described  strip  of  land  to  be  designated 
by  the  city  engineer  of  the  City  of  St.  Paul  within  sixty  (60) 
days  after  being  requested  so  to  do  in  writing  by  said  Fifth 
Ward  Transfer  Railway  Company.  Also  upon  a  strip  of  land 
twenty-five  (25)  feet  in  width  in  the  Fourth  ward  of  said  City 
of  St.  Paul,  the  same  lying  between  the  present  termination  of 
the  right  of  way  of  said  Fifth  Ward  Transfer  Railway  Com- 
pany as  the  same-  now  terminate-,  between  Market  and  St. 
Peter  streets,  in  said  city,  and  extending  to  the  wesl  side  of 
the  north  pier  of  the  Wabasha  streel  bridge  (so-called),  upon 
said  levee;  the  said  strip  of  land  to  be  hereafter  designated 
by  the  City  Engineer  of  the  City  of  St.  Paul  within  sixty  (60) 
days  after  receiving  a  written  request  from  said  Fifth  Ward 
Transfer  Railway  Company  requiring  said  designations,  said 
written  requesl  to  be  made  in  the  year  L893. 

2554.  Sec.  2.  The  Foregoing  franchise  and  right  of  way  is 
granted  upon  the  express  condition  following,  to  wit; 

2555.  First  The  said  Fifth  Ward  Transfer  Railway  Com- 
pany, it-  succe  —  rs,  or  assigns,  shall  commence  the  grading 
and  construction  of  said  railroad  on  the  above  described 
strips  of  land  within  the  Sixth  ward  of  the  Cit}  of  St.  Paul, 
and  shall  entitvh  complete  the  laying  of  one  track  of  railroad 
along  the  entire  length   ol  rips  of  land   within   s;iid   Sixth 


L004 

ward  within  the  year  L895,  provided  the  said  Fifth  Ward 
Transfer  Railway  Company,  its  successors,  or  assigns,  after 
the  construction  of  said  road  as  above  provided,  and  on  or  be- 
fore the  first  da_\  of  January.  1896,  shall  build  and  maintain 
within  said  Sixth  ward  a  freight  and  passenger  depot,  and 
shall  stop  or  cause  to  he  stopped,  for  the  purpose  of  receiving 
and  letting  off  passengers,  all  passenger  trains  operated  over 
said    railroad    tracks   at    said    passenger   depot. 

2556.  Second — The  said  Fifth  Ward  Transfer  Railway 
Company,  its  successors,  or  assigns,  shall  build  and  construct 
al  least  fifty  (  50)  miles  of  new  railroad  prior  to  the  first  day  of 
January.  L896,  which  said  fifty  (50)  miles  of  new  railroad  shall 
be  wholly  built  within  the  State  of  Minnesota,  and  shall  start 
from  the  City  of  St.  Paul  and  shall  connect  with  and  be  a  part 
of  the  railway  to  be  constructed,  on  said  strip  or  levee.  And  if 
said  Fifth  Ward  Transfer  Railway  Company,  its  successors, 
and  assigns,  shall  fail  to  construct  said  full  fifty  (50)  miles  of 
railroad,  as  herein  specified,  on  or  before  the  first  day  of 
January.  1896,  then  all  rights  and  privileges  herein  granted 
shall  terminate  and  revert  to  the  City  of  St.  Paul ;  said  fifty 
(50)  miles  of  new  road  being  the  same  referred  to  in  ordi- 
nance number  sixteen  hundred  and  forty  (16-10),  and  approved 
November  7,  1892. 

2557.  Third — Said  Fifth  Ward  Transfer  Railway  Company 
shall  within  sixty  (60)  days  after  constructing  any  railway 
track  on  said  strip  furnish  and  deliver  to  the  city  engineer, 
who  shall  retain  the  same  on  file  in  his  office,  a  statement  of 
the  cost  of  constructing  said  railroad  track  upon  said  strips 
of  land,  which  statement  shall  be  verified  by  said  Fifth  Ward 
Transfer  Railway  Company,  its  successors^  and  assigns,  con- 
structing the  same,  or  by  one  of  their  officers. 

2558.  Fourth — The  use  of  any  part  of  said  strips  or  any 
track  or  tracks  constructed  thereon,  as  to  which  there  is  herein 

rved  the  right  to  grant  the  same  to  any  other  company, 
may  be  granted  upon  the  following  terms  and  conditions,  to- 
wit : 

2559.  1  |  Any  company  to  which  said  common  council 
shall  have  granted  the  right  to  use  any  portion  of  said  railway 


1005 

tracks  or  strips,  and  which  may  desire  to  use  the  same,  shall 
file  with  the  city  engineer  and  also  with  the  city  clerk  its  appli- 
cation, stating  what  track  or  tracks,  or  portion  thereof,  it  so 
desires  to  use.  and  such  company  shall  become  entitled  to  use 
such  designated  track  or  tracks,  or  portion  thereof,  upon  mak- 
ing or  offering  to  make  a  contractwith  said  Fifth  Ward  Trans- 
fer Railway  Company,  its  successors  and  assigns,  agreeing  to 
pay  its  portion  of  the  cost  of  said  track,  to  be  determined  as 
herein  stated,  and  its  proportions  of  the  maintenance  of  said 
track,  to  be  determined  as  herein  stated,  and  to  abide  by  the 
terms  and  conditions  of  this  ordinance  relating  to  the  manner 
of  use  of  said  tracks;  provided,  that  such  company  shall,  before 
being  entitled  to  the  use  of  such  track  or  tracks  or  portion 
thereof,  shall  first  pay  its  said  proportionate  share  of  the  cost 
of  same:  or  in  case  said  Fifth  Ward  Transfer  Railway  Com- 
pany, its  successors  and  assigns,  ami  such  applying  company, 
are  unable  to  agree  upon  the  cost  of  such  track'  or  tracks,  or 
portion  thereof,  such  applying  company  shall  he  entitled  to  the 
us,-  of  such  track  or  tracks  upon  tiling  with  the  city  clerk  its 
bond  in  such  amount  and  with  such  sureties  as  may  he  ap- 
proved by  the  common  council,  conditioned  \t>  pay  said  cosl  as 
ascertained,  as  herein  provided. 

2560.  i  2  i  'Jdie  first  company  so  applying  for  the  use  of 
any  track  or  tracks  or  portion  thereof  shall  pa)  to  said  Fifth 
Ward  Transfer  Railway  Company,  its  successors,  and  assigns, 
one-half  i  '  _■  i  of  the  cosl  of  constructing  the  same.  In  case  a 
second  compan'3  shall  so  be  given  the  righl  to  use  the  same 
track  or  portion  thereof  used  by  two  companies,  it  shall  pay 
one-third  of  the  cosl  thereof,  to  he  divided  among  the  said 
Fifth  Ward  Transfer  Railwaj  Company,  its  successors  and  as- 
signs, and  such  other  company  using  said  track.      \nd  in  like 

iner  am    additional   compan)    so  applying  and   given   the 
righl  to  use  such  trad;  or  portion  thereof  shall  pa)  its  propor 
tionate  share  of  the  cosl  thereof,  to  be  divided  among  the  othei 
companies  using  the  same,  and  which  shall  have  paid  the  cosl 
1  herei if,  as  herein  pr< >\  ided. 

2561.  (3)  In  case  the  parties  interested  therein  are  un- 
able to  agree  upon  the  cosl  of  such  track  or  portion  thereof  so 


] i 

desired  to  be  used,  the  cost  thereof  shad  be  determined  by 
three  arbitrators,  to  be  appointed  in' the  following  manner, 
to-\\ii :  The  company  or  companies  then  using  and  having 
paid  for  the  cost  of  constructing  such  track  shall,  upon  writ- 
tin  notice  from  the  applying  company,  designate,  in  a  written 
notice  delivered  to  said  applying  company,  one  arbitrator,  and 
said  applying  company  shall  designate  in  writing  to  said  com- 
pany or  companies  so  using  said  track  one  arbitrator.  In  case 
of  the  failure  or  refusal  of  the  company  or  companies  then 
using  and  having  paid  the  cost  of  constructing  such  track  to 
appoint  an  arbitrator,  the  common  council  of  St.  Paul  shall  ap- 
point an  arbitrator;  these  two  arbitrators  shall  choose  the 
third  arbitrator,  and  in  case  of  the  failure  of  the  two  arbitra- 
tors to  select  a  third  the  common  council  of  St.  Paul  shall 
have  the  powder  to  designate  such  third  arbitrator ;  the  three 
arbitrators  so  chosen  shall  determine  the  cost  of  said  railroad 
track  or  tracks,  provided  that  such  cost  so  determined  shall 
not  exceed  the  statement  of  the  cost  as  hereinbefore  required 
to  be  filed  with  the  city  clerk  and  city  engineer. 

2562.  i  4  i  Any  such  applying  company  shaM  pay  to  the 
said  Fifth  Ward  Transfer"  Railway  Company,  its  successors, 
and  assigns,  its  proportionate  share  of  the  maintenance  and 
care  of  said  railroad  track  or  tracks  and  right  of  way  upon 
which  the  same  are  located  during  such  time  and  period  as 
such  company  shall  use  the  same,  such  proportionate  amount 
to  be  computed  upon  the  wheelage  of  such  company  operated 
over  said  tracks.  And  such  applying  company  shall  further 
agree  to  fully  protect  said  Fifth  Ward  Transfer  Railway  Com- 
pany, its  successors,  and  assigns,  against  all  loss  or  damage 
caused  by  its  agent  or  employes,  or  by  their  negligence. 

2563.  (5)  Said  Fifth  Ward  Transfer  Railway  Company, 
its  successors,  and  assigns,  shall  have  the  right  to  make  all 

-  and  regulations  governing  the  operating  or  running  of 
trains  over  said  tracks,  and  regulating  and  controlling  the 
management  of  said  right  of  way,  with  which  rules  and  regu- 
lations such  other  companies  using  said  tracks  shall  comply  ; 
provided,  however,  that  such  rules  and  regulations  at  all 
times  shall  be  just  and  reasonable  to  all  parties  concerned, 


loor 

and  provided  that  passenger  trains  of  said  Fifth  Ward  Trans- 
fer Railway  Company,  its  successors,  and  assigns,  shall  have 
the  right  of  way  over  passenger  trains  of  other  companies 
using  said  tracks,  and  passenger  trains  of  other  companies 
using  said  tracks  shall  have  the  right  of  way  over  any  and  all 
freight  trains  of  said  Fifth  Ward  Transfer  Railway  Company, 
its  successors,  and  assigns. 

2564.  Fifth— Said  Fifth  Ward  Transfer  Railway  Company, 
its  successors,  and  assigns,  and  all  other  companies  operating 
over  any  of  said  tracks,  shall  at  all  times  save  harmless  the 
City  of  St.  Paul  from  all  damages,  expense  and  suits  arising 
or  growing  out  of  the  passage  of  this  ordinance,  or  for  the 
use  of  said  levee,  with  its  cars,  trains,  or  tracks. 

2565.  Sixth— Said  City  of  St.  Paul  hereby  reserves  the 
right  to  extend  and  open  across  said  strip,  in  such  manner  and 
a'  such  places  as  the  common  council  of  said  city  shall  deem 
advisable,  any  street,  sewer,  sidewalk,  bridge,  culvert,  or  any 
other  similar  public  improvement  which  it  may  deem  advis- 
able, and  said  Fifth  Ward  Transfer  Railway  Company,  its  suc- 
cessors, assigns,  and  all  other  companies  using  said  tracks, 
shall  at  all  times  conform  its  railway  tracks  to  the  grades  of 
any  streets  or  improvements  crossing  tin-  said  strips  which 
may  he  established  by  said  City  of  St.  Paul,  and  shall  con 
struct,  maintain,  and  operate  on  all  streets  crossing  over  said 
strips  such  crossings,  gates  ami  danger  signals  as  said  com 
mori  council  may  require,  and  shall  pa)  to  said  cit)  as  the 
same  is  constructed  the  cosl  of  construction  of  such  portion 
of  .-ill  sewers,  culverts,  bridges,  and  other  public  improvements 
a-  may  In-  constructed  by  said  cit)  across  said  strip,  including 
the  cost  of  approaches  to  bridges  over  said  -trip. 

2566.  Seventh     Said  City  of  St.   Paul  hereb)    reserves  the 
right  to  hereafter  granl   by  ordinance  to  an)   other  company 
mi  companies  the  righl  to  cross  the  track  or  tracks  herein  an 
thorized  to  be  constructed  al  an)   point  in  said  street  or  levee 
or  to  c<  'ii-i  ru<  I   \  iadui  I  -   I  hereunder  i  ir  therei  <\  er, 

2567.  Eighth     The  privileges  hereby  granted  shall  be  en 
joyed   sub j eel    to  all   ordinance-,   which   ma)    hereafter   be   in 
force  concerning  railroads  in  the  City  of  St.   Paul. 


L008 

2568.  Sec.  '■'>.  There  is  reserved  to  the  common  council  of 
Si.  Paul,  or  its  successors,  the  right  to  grant  to  any  other 
railway  companies  the  right  to  use  any  railway  track  or  tracks- 
constructed  upon  said  Strips  of  land  above  described  lying 
between  the  east  line  of  State  street,  in  said  Sixth  ward,  and 
the  center  line  of  said  Hyde  street,  in  said  Sixth  ward,  and 
to  use  said  strips  of  land  or  any  part  thereof  upon  the  terms 
and  conditions  stated  in  section  two  (2).  And  there  is  also 
reserved  to  the  common  council  of  St.  Paul,  or  its  successors, 
the  right  to  grant  to  other  railway  companies  the  right  to 
use  any  railway  track  or  tracks,  constructed  upon  the  north- 
easterly half  of  the  above  described  thirty-foot  strip  extending 
from  State  street  to  Annapolis  street,  in  said  Sixth  ward,  and 
to  use  said  half  or  any  part  thereof  upon  the  terms  and  con- 
ditions stated  in  section  two  (2).  And  in  case  there  shall  not 
have  been  located  and  constructed  on  or  before  Jan.  1,  1898, 
within  the  corporate  limits  of  the  City  of  St.  Paul,  the  shops 
and  general  offices  which  pertain  to  and  are  used  for  and  in 
the  operation  and  maintenance  of  the  railroad  of  the  said 
Fifth.  Ward  Transfer  Railway  Company,  its  successors  and 
assigns,  in  the  State  of  Minnesota,  including  the  said  fifty  (50) 
miles  of  new  railroad  mentioned  in  section  two  (2),  or  in 
case  said  shops  and  general  offices  shall  not,  after  said  Janu- 
ary 1,  1898,  be  maintained  and  continued  within  the  said  cor- 
porate limits  of  said  City  of  St.  Paul,  there  is  reserved  to  the 
common  council  of  the  City  of  St.  Paul,  or  its  successors,  the 
right  to  grant  to  any  other  railroad  companies  the  right  to 
use  any  railway  track,  or  tracks,  or  portion  thereof,  located 
upon  any  of  the  strips  of  land  herein  described,  or  to  use  said 
strips  of  land  or  any  part  thereof  upon  the  terms  and  con- 
ditions specified  in  section  two   (2). 

2569.  Sec.  4.  Said  Fifth  Ward  Transfer  Railway  Com- 
pany,  its  successors,  and  assigns,  shall,  at  their  own  cost,  ex- 
tend across  said  strips  of  land  any  and  all  sewers  now7  ter- 
minating on  or  in  said  street  or  levee,  and  bear  and  pay  to 
said  city  the  cost  of  such  portion  of  any  new  sewer  as  may 
hereafter  be  built  by  said  city  as  is  constructed  on  said  strip. 


1000 

2570.  Sec.  5.  Said  Fifth  Ward  Transfer  Railway  Corn- 
pan}-  shall  file  with  the  city  clerk  within  fifteen  (15)  days  after 
the  passage  and  publication  of  this  ordinance  a  written  ac- 
ceptance of  the  same  on  the  part  of  said  company,  said  ac- 
ceptance to  be  approved  by  the  city  attorney. 

2571.  Sec.  6.  A  failure  on  the  part  of  said  Fifth  'Ward 
Transfer  Railway  Company  to  comply  with  any  of  the  terms 
or  conditions  of  this  ordinance  shall  be  deemed  a  waiver  of 
all  the  rights  said  company  may  have  acquired  under  this 
ordinance,  and  the  right  hereby  granted  to  said  company  shall 
terminate  and  revert  back  to  said  City  of  St.  Paul. 

Sec.  T.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Ordinance  No.  1690. 
(Approved  July  6,  1890.) 

2572.  An  Ordinance  amending  a  part  of  section  two  of  ordi- 

nance numbered  1638,  passed  by  the  board  of  alder- 
men September  20,  1892,  and  by  the  assembly  Oc- 
tober 28,  1892,  and  approved  November  7,  1892, 
entitled  "An  ordinance  granting  to  the  Fifth 
Ward  Transfer  Railway  Company  the  right  to 
construct  and  maintain  railway  tracks  upon  a  strip 
of  land,  fifty  (50)  feet  in  width,  upon  the  street  or 
levee  in  the  Fourth  and  Fifth  wards  in  the  City 
of  St.  Paul,  Minnesota,"  and  also  amending  section 
two  (2)  of  ordinance  numbered  1662,  passed  by 
the  assembly  February  23,  1893,  and  by  the  board 
of  aldermen  March  7,  1893,  and  approved  March 
7,  1893,  entitled  "An  ordinance  granting  to  the 
Fifth  Ward  Transfer  Railway  Company  of  St. 
Paul,  Minnesota,  the  right  to  construct  and  main- 
tain railway  tracks  upon  a  strip  of  land  upon  the 
street  or  levee  in  the  Sixth  and  Fourth  wards  in 
the  City  of  St.   Paul,   Minnesota." 

The  Common  Council  of  tin-  City  of  St.   Paul  <l"  ordain  as 

follows  : 

Sec.   I.     Thai   all  thai   portion  of  tin-  firsl  subdivision  <>f 
section  two  (2).  of    ordinance  numbered     sixteen     hundred 


1010 

thirty-eight  (1638),  entitled  "An  ordinance  granting  to  the 
Fifth  Ward  Transfer  Railway  Company  the  right  to  con- 
st met  and  maintain  railway  tracks  upon  a  strip  of  land  fifty 
Eeet  in  width,  upon  the  street  or  levee  in  the  Fourth  and 
Fifth  wards  in  the  City  of  St.  Paul,  Minnesota,"  passed  by  the 
board  of  aldermen.  September  20,  1892,  and  by  the  assembly 
October  28,  L892,  and  approved  November  7,  1892,  being 
that  portion  of  said  section  two  (2)  preceding  the  word 
"second"  in  said  section  two  (2),  be,  and  the  same  is  hereby 
amended   so   as  to   read   as   follows: 

2573.  "See.   2,     The  foregoing  franchise  and  right  of  way 

.ranted  upon  the  express  conditions  following,  to-wit : 
Said  corporation,  or  its  successors,  or  assigns  shall  commence 
the  grading  or  construction  of  said  railroad  on  said  strip  of 
land  on  the  northerly  side  within  the  Fourth  and  Fifth  wards 
of  said  city  prior  to  the  first  day  of  August,  1804,  and  shall 
continue  said  grading  or  construction  within  said  wards  so 
that  at  least  fifteen  thousand  dollars  ($15,000)  shall  be  ex- 
pended thereon  prior  to  the  first  day  of  August,  1894,  and  shall 
entirely  complete  the  laying  of  at  least  one  (1)  track  of  said 
railroad  on  the  northerly  side  of  said  strip  within  said  wards 
within  the  year  189  1. 

257~.  Sec.  2.  That  subdivision  one  (1)  of  section  two  (2) 
of  that  certain  ordinance  numbered  sixteen  hundred  and 
sixty-two  (1662)  entitled  "An  ordinance  granting  to  the  Fifth 
Ward  Transfer  Railway  Company  of  St.  Paul.  Minne- 
sota,  the  right  to  construct  and  maintain  railway  tracks 
a  strip  of  land  upon  the  street  or  levee  in  Sixth  and 
rth  wards  in  the  City  of  St.  Paul,  Minnesota,"  passed  by 
the  assembly  February  23,  1893,  and  by  the  board  of  aldermen 
March  7,  1893,  and  approved  March  0,  1893,  be  and  the  same 
is  hereby  amended  by  striking  out  the  figures  "1893"  where 
die  same  occur  in  said  subdivision  one  (1)  of  section  two  (2). 
and  inserting  in  lieu  thereof  the  figures  "1804." 

2575.  Sec.  T  The  above  amendments  of  each  of  the  above 
named  ordinances  shall  in  no  way  affect  or  impair  or  change 
any  of  the  other  terms  or  provisions  or  conditions  of  either  of 
-aid  ordinances  or  any  part  thereof. 


1011 

2576.  Sec.  4.  Said  Fifth  Ward  Transfer  Railway  Com- 
pany shall  file  with  the  city  clerk  of  the  City  of  St.  Paul  with- 
in fifteen  (15)  days  after  the  passage  of  "this  ordinance  a  writ- 
ten acceptance  of  the  same  on  the  part  of  said  company. 

2577.  Sec.  5.  This  ordinance  shall  take  effect  from  and 
after  its  passage  and  publication  and  acceptance,  as  above  pro- 
vided. 

Passed  July  5,  1893. 

Ordinance  No.  1768. 
(Approved  July  27,  1894.) 

2578.  An  Ordinance  amending  a  part  of  section  two  (2)  of 

the  ordinance  numbered  1638,  passed  by  the 
board  of  aldermen  September  20,  1892,  and  by  the 
assembly  October  28,  1892,  and  approved  Novem- 
ber 7,  1892,  as  the  same  was  amended  by  ordinance 
numbered  1690,  and  passed  by  the  board  of  alder- 
men July.  3,  1893,  and  by  the  assembly  July  5,  1893, 
and  approved  July  6,  1893;  and  also  amending  sec- 
tion two  (2)  of  ordinance  numbered  1662,  passed 
by  the  assembly  February  23,  1893,  and  by  the 
board  of  aldermen  March  7,  1893,  and  approved 
March  9,  1893,  as  the  same  was  amended  by  ordi- 
nance numbered  1690,  passed  by  the  board  of  al- 
dermen July  3,  1893,  and  by  the  assembly  July  5, 
1893,  and  approved  July  6,  1893;  and  also  amend- 
ing part  of  section  two  (2)  of  ordinance  numbered 
1638,  passed  by  the  board  of  aldermen  September 
20,  1892,  and  by  the  assembly  October  28,  1892, 
and  approved  November  7,  1892,  as  the  same  was 
amended  by  section  two  (2)  of  ordinance  numbered 
1640,  passed  by  the  board  of  aldermen  November 
3,  1892,  and  by  the  assembly  November  3.  1892. 
and  approved  November  7,  1892. 

The  Common  Council  of  the  City  of   St.   Paul  •!"  ordain 

follows: 

Sec.   I.     Thai   all  thai   portion  of  the  first   subdivision  of 
section  two  (2)  of  thai   ordinance  numbered  sixteen  hundred 


1012 

and  thirty-eight  (1638),  (.'milled  "An  ordinance  granting  to 
the  Fifth  Ward  Transfer  Railway  Company  the  right  to  con- 
Struct  and  maintain  railway  tracks  upon  a  strip  of  land  fifty 
feet  in  width  upon  the  street  or  levee  in  the  Fourth  and 
Fifth  wards  in  the  City  of  St.  Paul,  Minnesota,"  passed  by  the 
board  of  aldermen  September  20,  1892,  and  by  the  assembly 
•ber  28,  1892,  and  approved  November  7,  1892,  being-  that 
portion  of  said  section  two  (2)  preceding  the  word  "second" 
in  said  section  two  (2),  as  the  same  was  amended  by  ordi- 
nance numbered  sixteen  hundred  and  ninety  (1690),  passed  by 
the  board  of  aldermen  July  3,  1893,  and  by  the  assembly  July 
•"'.  L893,  and  approved  July  G,  1893,  be  and  the  same  is  hereby 
amended  so  as  to  read  as  follows: 

2579.  "'Sec.  2.  The  foregoing  franchise  and  right  of  way  is 
granted  upon  the  express  condition  following,  to-wit :  Said 
corporation  or  its  successors  or  assigns  shall  commence  the 
grading  and  constructing  of  said  railroad  on  said  strip  of  land 
on  the  northerly  side  within  the  Fourth  and  Fifth  wards,  of 
said  city,  prior  to  the  first  day  of  August,  1895,  and  shall  con- 
tinue said  grading  or  construction  within  said  ward  so  that 
at  least  fifteen  thousand  dollars  ($15,000)  shall  be  expended 
thereon  prior  to  the  first  day  of  August,  1895,  and  shall  en- 
tirely complete  the  laying  of  at  least  one  (1)  track  of  said  rail- 
road on  the  northerly  side  of  said  strip  within  said  ward, 
within  the  year  1895." 

2580.  Sec.  2.  That  subdivision  one  11)  of  section  twro  (2) 
oi  that  certain  ordinance  numbered  sixteen  hundred  and  sixty- 
two  (1662),  entitled  "An  ordinance  granting  to  the  Fifth 
Ward  Transfer  Railway  Company  of  St.  Paul,  Minnesota,  the 
right  to  construct  and  maintain  railway  tracks  upon  a  strip 
of  land  upon  the  street  or  levee  in  the  Sixth  and  Fourth  wards 
in  the  City  of  St.  Paul,  Minnesota."  passed  by  the  assembly 
February  23,  1893,  and  by  the  board  of  aldermen  March  7, 
1893,  and  approved  March  9,  1893,  as  the  same  was  amended 
1  y  that  certain  ordinance  numbered  sixteen  hundred  and  nine- 

L690),  passed  by  the  board  of  aldermen  July  3,  1893,  and 
by  the  assembly  July  5,  1893,  and  approved  July  6,  1893,  be 
and  the  same  is  hereby  amended  by  striking  out  the  figures 


1013 

"1894"  where  the  same  occur  in  said  subdivision  one  (1  I  of 
section  two  (2),  as  so  amended  and  inserting  in  lieu  thereof 
the  figures  "1895." 

2580a.  Sec.  3.  That  section  two  (2)  of  that  certain  ordi- 
nance numbered  sixteen  hundred  and  thirty-eight  (16^8),  en- 
titled "An  ordinance  -ranting  to  the  Fifth  Ward  Transfer 
Railway  Company  the  right  to  construct  and  maintain  rail- 
way tracks  upon  a  strip  of  land  fifty  (50)  feet  in  width  upon 
the  street  or  levee  in  the  Fourth  and  Fifth  wards  of  the  City 
of  St.  Paul.  Minnesota."  passed  by  the  board  of  aldermen  Sep- 
tember 20,  1892,  and  by  the  assembly  October  28,  L892,  and 
approved  November  i,  1892,  as  the  same  was  amended  by  sec- 
tion two  (2)  of  that  certain  ordinance  numbered  sixteen  hun- 
dred and  forty  (1640),  passed  by  the  board  of  aldermen  No- 
vember 3,  L892,  and  by  the  assembly  November  3,  1892,  and 
approved  November  ),  1892,  be  and  the  same  is  hereby  amend- 
ed by  striking  out  the  figures  "ls!if"  wherever  the  same  oc 
cur  in  said  section  two  (2)  of  said  ordinance  as  SO  amended. 
and  by  inserting  in   lien  thereof  the  figures  "1895." 

2580b.  Sec.    I.      The    above    amendments    to    each     of     the 

above-named  ordinances  shall  in  no  way  affeel  or  impair  or 
change  any  of  tin-  other  terms  or  provisions  or  conditions  of 
either  of  said  ordinances  or  any  part  thereof. 

2580c.         Sec.  ■>.     Said   Fifth    Ward   Transfer   Kailwax    Com- 
pany shall  file  with  tin-  city  clerk  of  the  Cit\  of  Si.   Paul  with 
in  fifteen  l  L5)  days  after  the  passage  of  this  ordinance  a  writ- 
ten acceptance  of  the  same  on  the  pari  of  said  company. 

6.      This   ordinance   shall    take   effeel    and    In-    in    force 

from  and  after  its  passage  and  acceptance  as  above  provided. 
Passed  July  26,  L894. 


L01  1 

Ordinance  No.  1796. 
(Approved  December  28,  1S94.) 

2581.  An  Ordinance  amending  a  part  of  section  two  (2)  of 

ordinance  numbered  sixteen  hundred  and  sixty-two 
(1662),  passed  by  the  assembly  Feb.  23,  1893,  and 
by  the  board  of  aldermen  March  7,  1893,  and  ap- 
proved March  9,  1893,  entitled  "An  ordinance 
granting  to  the  Fifth  Ward  Transfer  Railway 
Company  of  St.  Paul,  Minnesota,  the  right  to  con- 
struct and  maintain  railway  tracks  upon  a  strip  of 
land  upon  the  street  or  levee  in  the  Sixth  and 
Fourth  wards  of  the  City  of  St.  Paul." 

The   Common   Council  of  the   City  of  St.   Paul  do  ordain  as 
follows  : 

Sec.  1.  That  subdivision  one  (1)  of  section  two  (2)  of 
that  certain  ordinance  numbered  sixteen  hundred  and  sixty- 
two  i  L662  I,  entitled  "An  ordinance  granting  to  the  Fifth  Ward 
Transfer  Railway  Company  of  St.  Paul,  Minnesota,  the  right 
to  construct  and  maintain  railway  tracks  upon  a  strip  of  land 
upon  the  street  or  levee  in  the  Sixth  and  Fourth  wards  of  the 
City  of  St.  Paul,"  as  amended  by  ordinance  numbered  sixteen 
hundred  and  ninety  (1690),  passed  by  the  board  of  aldermen, 
July  3,  1893,  and  by  the  assembly  July  5,  1893,  and  approved 
July  6,  1893,  be  amended  by  striking  out  the  figures  "1894," 
where  the  same  occur  in  the  ninth  line  of  said  first  subdivision, 
and  inserting  in  lieu  thereof  the  figures  "1895,"  and  by  striking 
out  the  figures  "1895,"  where  the  same  occur  in  the  thirteenth 
line  thereof,  and  inserting  in  lieu  of  the  same  the  figures 
"1896"  and  by  striking  out  the  figures  "1895,"  in  the  second 
subdivision  of  said  section  two  (2)  of  said  ordinance  num- 
bered sixteen  hundred  and  sixty-two  (1662),  and  inserting  in 
lieu  thereof  the  figures  "1896." 

2582.  Sec.  2.  The  above  amendments  shall  in  no  way 
affect  or  impair  or  change  any  of  the  other  provisions  or  con- 
ditions of  said  ordinance,  or  any  part  thereof. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from   and   after  its  passage   and  publication. 


1015 

Ordinance  No.  1860. 

(Approved  December  27,  1895.) 

2583.  An  Ordinance  supplemental  to  ordinances  numbered 
1638,  1640,  and  1662,  respectively,  of  the  City  of 
St.  Paul,  and  the  amendments  thereof,  which  said 
ordinances  granted  to  the  Fifth  Ward  Transfer 
Railway  Company  the  right  to  construct,  maintain, 
and  operate  a  railroad  and  railroad  tracks  along 
the  levee  in  the  Fourth,  Fifth  and  Sixth  wards,  in 
the  City  of  St.  Paul,  upon  certain  conditions  there- 
in specified. 

Whereas,  heretofore  the  common  council  of  the  City  of 
St.  Paul  did,  in  and  by  virtue  of  those  certain  ordinances  num- 
bered sixteen  hundred  and  thirty-eight  (1638),  passed  by  the 
board  of  aldermen  on  the  twentieth  day  of  September,  L892, 
and  by  the  assembly  on  the  twenty-eighth  day  of  October, 
L892,  approved  November  T,  1802;  and  numbered  sixteen  hun- 
dred forty  (1640),  passed  by  the  board  of  aldermen  November 
...  L892,  and  by  the  assembly  November  3,  1892,  and  approved 
November  7,  1892;  and  numbered  sixteen  hundred  and  sixty- 
two  i  L662),  passed  by  the  assembly  February  23,  L893,  and  by 
the  board  of  aldermen  March  7,  1893,  and  approved  March  9, 
1893,  grant  unto  the  Fiftli  Ward  Transfer  Railway  Company 
the  right  to  construct,  maintain  and  operate  a  railroad  along 
thai  portion  of  the  levee  in  the  Fourth,  Fifth  and  Sixth  wards, 
in  the  City  of  St.  Paul,  as  especially  described  in  the  said  ordi- 
-;  and  whereas,  said  rights  were  gsanted  upon  certain 
conditions  as  to  the  expenditure  of  certain  sums  of  money  and 
the  building  of  a  certain  amounl  of  railroad  within  the  time 
specified  in  said  ordinances;  and.  whereas,  the  time  for  the 
fulfillment  of  the  said  conditions  has  been  heretofore  extended, 
which  extension  of  time  is  aboul  to  expire;  and  whereas,  it 
ha->  been  made  to  appear  to  the  common  council  that  the  fail- 
ure to  comply  with  such  conditions  is  due  to  the  great  finan- 
cial and  business  depression  which  has  existed  for  the  past 
two  years;  now,  therefore,  the  common  council  of  the  City  of 
St.  Paul  do  ordain  a    f<  >lli  - 

See.  I.  Thai  said  Fifth  Ward  Transfer  Railway  Com- 
pany shall  have   until   the   thirty-first    day   of    December,    1896, 


L016 

in  which  to  fulfill  and  comply  with  all  those  provisions,  terms, 
and  conditions  named  and  required  to  be  Eulfilled  and  per- 
formed in  said  ordinances  numbered  sixteen  hundred  thirty- 
eight  (1638),  sixteen  hundred  and  forty  (1640),  and  sixteen 
hundred  and  sixty-two  (1662),  above  referred  to,  and  the 
time  for  the  fulfillment  of  said  conditions  and  the  expenditure 
of  money  and  the  performance  of  the  work  recpiired  in  said 
above  named  ordinances  to  be  done  and  performed  is  hereby 
extended   to  and   until  the   said  thirty-first  day  of  December, 

.  and  if  said  conditions  shall  be  complied  with  on  or  be- 
f<  re  the  said  thirty-first  day  of  December,  18!)6,  the  same  shall 

leemed  a  full  and  complete  fulfillment  of  said  conditions 
and  requirements  named  in  said  ordinances  numbered  sixteen 
hundred  and  thirty-eight  (1638),  sixteen  hundred  and  forty 
(1640),  and  sixteen  hundred  and  sixty-two  (1662),  the  same 
a--  if  done  within  the~time  first  named  in  said  ordinances. 

2584.  Sec.  2,  This  extension  shall  in  no  way  change  the 
conditions  and  terms  of  said  ordinances  numbered  sixteen  hun- 
dred and  thirty  eight  ( 1638),  sixteen  hundred  and  fort}-  I  16  10  I, 
and  sixteen  hundred  and  sixty-two  (1662),  save  and  except  as 
to  the  time  within  which  said  conditions  are  to  be  complied 
with. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

GREAT  NORTHERN  RAILWAY  COMPANY. 

Ordinance  No.  1635. 

(  Approved  Nov.  4,  1802.) 

2585.  An  Ordinance  authorizing  the  Great  Northern  Rail- 

way Company,  the  St.  Paul  &  Northern  Pacific 
Railway  Company,  and  the  Minneapolis,  St.  Paul 
&  Sault  Ste.  Marie  Railway  Company,  or  either  or 
any  two  of  said  Companies,  to  construct  a  single 
or  double  track  line  of  steam  railway. 

The   Common   Council  of  the   City  of  St.   Paul  do  ordain   as 

follows : 

Sec.  1.  That  authority  and  permission  is  hereby  given 
and   granted   the   Great   Northern   Railway   Company,  the   St. 


ion 

Paul  &  Northern  Pacific  Railway  Company,  and  the  Minne- 
apolis, St.  Paul  &  Sault  Ste.  Marie  Railway  Company,  or 
either  or  any  two  of  said  companies,  to  construct  a  single  or 
double  line  of  steam  railway  from  block  thirteen  (13)  of  Foun- 
dry addition,  in  the  City  of  St.  Paul,  to  a  point  next  the  in- 
tersection of  Western  avenue  and  the  St.  Paul  &  Northern 
Pacific  Railway  Company's  right  of  way.  and.  in  doing  so,  to 
cross  Atwater  and  .Arundel  streets  at  their  intersection  with 
each  other,  and  also  to  cross  Topping  street  at  about  one  hun- 
dred and  twenty  I  L20)  feet  east  of  the  east  line  of  Mackubin 
street,  and  also  to  cross  Mackubin  street  and  Burgess  streel 
at  or  near  the  intersection  of  said  streets,  and  Stinson  and 
Front  streets,  at  about  eighty  (80)  feet  west  of  the  west  line 
of  Mackubin  street,  and  also  all  other  streets  necessary  to 
cross  in  running  said  double-track  line  of  steam  railway  north- 
erly and  northeasterly  in  as  convenient  a  route  as  possible 
to  the  point  near  the  intersection  of  Western  avenue  and  said 
St.    Paul    &    Northern    Pacific    Railway    Company. 

2586.  See.  2.     The  said  grantees  herein   named   shall  hold 
and  save  the  City  of  St.  Paul  harmless  from  any  and  all  dam- 
costs,  and  expenses  arising  or  in  any  manner  growing 

out  of  the  construction  of  said  single  or  double  track  line  of 
steam  railway,  and  a  judgment  for  damage  againsl  the  City 
t.  Paul  shall  be  conclusive  evidence  of  the  liabilit}  of  the 
grantees  herein  to  said  cjty,  when  the  said  grantees  shall  have 
been  notified  of  the  pendenc)  of  the  suil  in  which  said  judg- 
ment shall  have  been  rendered. 

2587.  Sec.    '■'<■     In   case   the   common   council   shall   at    an\ 
time  deem  it  necessary  to  place  gates  or  flagmen  at  sajd  cross 
ings  in  order  to  proteel  the  people  traveling  <>n  said  streets,  or 
such  other  appliances  as  will  he  necessar)    for  such  purp< 
then,  ami  in  that  event,  the  -aid  grantees  will  construd   the 

or  place  flagmen  at  the  crossings,  or  adopl  such  other 
appliances  for  that  purpose  as  the  common  council  shall 
order. 

2588.  See.  I.  The  grantees  herein  named  shall  within 
sixty  (60)  days  after  the  publication  of  this  ordinance,  tile 
their  written  acceptance  of  the  same  with  the  ,it\  clerk  of  Pi' 


1018 

City  of  St.  Paul,  in  which  they  shall  accept  all  the  terms,  pro- 
visions  and  conditions  of  this  ordinance,  and  agree  to  comply 
with  the  same. 

Sec.  5.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  the  publication  and  acceptance,  as  provided  in 
the  foregi  >ing  sections. 

Ordinance  No.  2036. 
(Approved  March  31,  1899.) 

2589.  An  Ordinance  to  compromise  certain  existing  differ- 

ences between  the  City  of  St.  Paul  and  the  St. 
Paul,  Minneapolis  &  Manitoba  Railway  Company 
and  the  Great  Northern  Railway  Company,  and  to 
waive  the  right  of  opening  streets  across  a  tract 
of  land  in  event  of  its  occupancy  by  the  Great 
Northern  Railway  Company  as  a  Site  for  Railway 
Shops. 

Whereas,  The  City  of  St.  Paul,  the  St.  Paul,  Minneapolis 
&  Manitoba  Railway  Company  and  the  Great  Northern  Rail- 
way Company  are  desirous  of  amicably  adjusting  pending  liti- 
gation and  all  other  differences  now  existing  between  them. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 

follows : 

2590.  Sec.  1.  That  in  an  action  now  pending  in  the  district 
court  of  the  Second  judicial  district,  in  the  County  of  Ramsey 
and  State  of  Minnesota,  wherein  the  St.  Paul,  Minneapolis  & 
Manitoba  Railway  Company  and  the  Great  Northern  Railway 
Company  are  plaintiffs,  and  the  City  of  St.  Paul.  Edward  J. 
Kirkland  and  Albert  R.  Starkey  are  defendants,  the  Corpora- 
tion Attorney  of  said  city  is  hereby  authorized  and  directed 
to  stipulate  for  and  procure  the  entry  of  final  judgment  in 
favor  of  the  plaintiffs  and  against  the  city;  that  plaintiff  the 
St.  Paul.  Minneapolis  &  Manitoba  Railway  Company,  is  the 
owner  in  fee  of  block  eighty  (80),  Kittson's  Addition  to  City 
of  St.  Paul,  according  to  the  plat  of  such  addition  filed  on  the 
first  day  of  May,  1852,  in  the  office  of  the  Register  of  Deeds 
of  Ramsey  county,  Minnesota,  in  Book  "A"  of  Town  Plats, 
on  page  18.  except  so  much  thereof  as  it  has  heretofore  con- 


1010 

veyed  by  deed  to  other  parties.  The  said  city  has  acquired 
a  right  and  easement  in  that  parcel  of  land  between  the  south 
side  of  Third  street,  and  north  line  of  land  in  said  block  80, 
conveyed  by  the  said  The  St.  Paul.  Minneapolis  &  Manitoba 
Railway  Company  to  the  St.  Paul  Union  Depot  Company,  as 
follows:  To  perpetually  maintain  the  sewer  and  water  main 
under  said  parcel  of  land  as  now  located,  with  the  right  to 
make  use  of  a  strip  of  land  eight  feet  in  width  on  each  side 
of  the  center  line  of  said  sewer,  and  four  feet  in  width  on 
each  side  of  the  center  line  of  such  water  main,  and  to  enter 
thereon  for  the  purpose  of  maintenance  and  repair,  and  fi  li- 
the purpose  of  enlarging  said  sewer  or  enlarging  existing 
water  main  ;  but  such  right  and  easement  shall  not  prohibit 
the  use  of  any  part  of  the  surface  of  said  block  by  the  said 
St.  Paul.  Minneapolis  &  Manitoba  Railway  Company,  their 
successors  or  assigns,  for  railway  purposes,  or  for  the  purpose 
of  placing  buildings  or  other  structures  thereon ;  provided, 
however,  that  the  foundation  or  supports  for  buildings  or 
structures  erected  on  the  parcel  of  land  covered  by  such  right 
and  easement  shall  not  be  so  located  as  to  unnecessarily  or 
unreasonably  interfere  therewith  or  with  the  right  of  said 
City  of  St.  Paul  to  maintain,  repair  or  enlarge  such  water 
main  or  sewer,  or  to  construct  such  additional  water  main, 
and  to  occupy  for  that  purpose  such  strip  of  land  on  each  side 
of  the  center  line  of  such  sewer  and  water  main,  but  said  sup- 
ports shall  be  so  constructed  a-  to  permil  the  work  of  repair  or 
enlargement  of  such  sewer  ami  water  main,  and  tin-  construc- 
tion of  Mich  additional  water  main  to  be  carried  on  under  any 

track  or  structurt  I  upon  the  surface  of  the  -round  over 

tin-  Mime.  Tin-  ^;i\i\  judgmenl  shall  confirm  the  righi  of  said 
city  to  maintain,  repair,  renew  or  enlarge  said  sewer  and  water 
main  as  above  expressed,  and  subject  to  such  righl  shall  con- 
firm the  title  in  fee  of  the  St.  Paul,  Minneapolis  &  Manitoba 
Railway  Company  to  all  of  block  eighty  (80)  not  heretofore 
conveyed  by  it  to  tin-  St.  Paul  Union  Depol  Company.  The 
form  of  said  judgmenl   -hall  he  a  ed  upon  l»\   attorneys 

representing  said  city  and  said  Railway  Company. 

2591.  Sec  2.  In  that  certain  mandamus  proceeding  now- 
pending  in  the  district   court   of  the  Second   judicial  district,  in 


L020 

the  Count}  of  Ramsey  and  State  of  Minnesota,  which  is  en- 
titled. "The  State  of  .Minnesota  Upon  the  Relation  of  the  City 
Paul,  Petitioner,  Against  St.  Paul,  .Minneapolis  &  Mani- 
toba Railway  Company,  and  the  Chicago,  St.  Paul.  Minneap- 
olis <x  Omaha  Railway  Company,  as  defendants."  the  cor- 
poration attorney  is  hereby  authorized  ami  directed  to  stipu- 
for  and  procure  the  entry  of  final  judgment  to  the  effect 
that  no  duty  rests  upon  either  or  any  of  said  railway  com- 
panies to  maintain  or  keep  in  repair  the  bridge  described  in 
said  proceedings  and  known  as  the  Westminster  street  bridge, 
and  in  and  by  said  judgment  affirming  and  determining  that  a 
certain  contract  between  the  City  of  St.  Paul  and  the  said 
St.  Paul,  Minneapolis  &  Manitoba  Railway  Company,  bearing- 
date  August  23,  1880,  is  as  to  said  St.  Paul,  Minneapolis  & 
Manitoba  Railway  Company,  its  successors  and  assigns,  a 
valid  and  binding  contract  between  said  city  and  said  railway 
company.     Said  contract  is  in  words  and  figures  following: 

-STATE  OF  MINNESOTA, 

"City  of  St.  Paul. 
"In  the  Matter  of  the  Railway  Crossings  Over  and  Under  the 

Streets  Within  the  City  Limits. 

"It  is  understood  that  it  is  the  province  of  the  City  Coun- 
cil to  determine  when  and  where  and  how  such  crossings  shall 
be  made,  whether  at  grade,  by  bridges  over,  or  roadways  under 
the  tracks. 

"That  the  extent  and  character  of  these  crossings,  whether 
bridges  i  »ver  or  roadways  under  the  tracks,  shall  be  determined 
by  the  city  authorities  after  consultation  with  the  chief  engi- 
neers of  the  respective  railroad  companies  interested  in  such 
crossings. 

"That  when  the  plan  for  any  crossing  requiring  a  bridge 
over  railway  tracks  is  adopted  by  the  Common  Council,  the 
railroad  companies  interested  shall  build  the  abutments  and 
the  superstructure  over  their  right  of  way ;  and  in  case  of 
roadways  under  the  railway  tracks  the  railway  companies 
shall  make  the  necessary  excavations  across  their  right  of  way 
and  surface  the  same  with  gravel  in  a  suitable  manner,  and 
the  city  shall  build  the  approaches  thereto;  and  after  such 
crossings  are  completed  in  accordance  with  the  requirements 


1021 

of  the  city  authorities,  such  crossings  shall  be  maintained  and 
kept  in  order  at  the  expense  of  the  city  government.  Pro- 
vided, however,  that  nothing  herein  contained  shall  affect  the 
right  of  the  city,  under  its  charter  as  to  making"  changes  of 
grades  of  the  public  streets  of  said  city,  or  the  rights  of  said 
railroad  companies  to  maintain  their  lines  of  road  as  they  now 
exist  in  said  city  at  the  present  grades  of  said  roads. 
"St.  Paul,  August  23,  1880. 

"ST.  PAUL,  MINNEAPOLIS  &  MANITOBA  RAILWAY 

CO  Ml  *A  XV. 

"By  Jas.  J.  Hill,  Gen.  Man." 

2592.  Sec.  3.  The  St.  Paul,  Minneapolis  <x  Manitoba  Rail- 
way Company  and  the  Great  Northern  Railway  Company,  on 
or  hefore  the  first  day  of  May.  1899,  shall  bring  to  grade  the 
masonry  of  the  trestle  bents  and  point  the  masonry  of  the 
abutments  of  the  present  bridge  on  Dale  street  over  the  right 
of  way  of  the  St.  Paul,  Minneapolis  and  Manitoba  Railway 
Company,  and  when  this  is  done  in  a  reasonable  and  proper 
manner  said  bridge  shall  be  approved  and  accepted  by  the  said 
city  as  coming  under  and  within  the  terms  of  said  agreement 
between  said  city  and  the  St.  Paul,  Minneapolis  and  Manitoba 
Railway  Company  dated  August  23,  L880,  and  set  forth  in  the 
next  preceding  section  hereof. 

2593.  Sec.  1.  Any  and  all  attempted  dedications  or  offers 
of  dedication  to  public  use  of  streets  "t"  portions  of  streets 
within  the  territory  lying  between  the  south  line  of  Third 
street,  the  North  line  of  tin-  premises  now  owned  by  the  St. 
Paul  Union  Depol  Company,  wesl  line  of  Broadwa)  streel  and 

line  of  Kittson  street,  in  said  city,  are  hereby  declared 
never  to  have  been  accepted  by  said  city,  and  the  Common 
Council  of  -.aid  city  dors  hereb)  expressl)  disclaim  ami  re- 
nounce any  such  offer  or  attempted  dedication  of  portions    >f 

-aid  streets  within  -aid  territi  »r)  . 

2594.  Sec.  5.  No  street  or  alley,  or  an\  pari  thereof,  shall 
hereafter  lie  opened  or  located  upon     or  across    that  certain 

fact    of   land    situated    in    the    City    of   St.    Paul,   described    and 
bounded    as    follows:      On    the    north    by    the    south    line   of     \t 
water  street    and    southerly   line  of  Como  avenue;  on    the  east 


L022 

by  the  west  line  of  Arundel  street;  on  the  south  by  the  north 
line  of  Minnehaha  street,  and  on  the  west  by  the  east  line  of 
Dale  street;  in  order  that  said  tract  of  land  may  be  reserved 
intact  a>  a  site  for  shop  grounds  and  yards  and  for  the  erec- 
tion of  the  new  railroad  shops  of  said  Great  Northern  Railway 
Company,  which  said  company  desires  to  erect  and  maintain 
thereon. 

2595.  Sec.  6.  The  St.  Paul,  Minneapolis  &  Manitoba  Rail- 
way Company  and  the  Great  Northern  Railway  Company,  on 
or  hefore  the  first  day  of  June,  1899,  shall  provide  and  put  in 
lateral  bracing  and  sway  bracing  between  the  girders  and  brac- 
ing on  the  trestle  bents  of  the  bridge  on  Jackson  street  over 
the  right  of  way  of  the  St.  Paul,  Minneapolis  &  Manitoba 
Railway  Company,  and  also  provide  and  put  in  proper  cross 
bracing  to  support  the  canti-levers  carrying  the  sidewalks  on 
said  bridge,  and  replace  the  limestone  capstones  for  the  posts 
with  Kettle  River  sandstone  capstones,  and  within  sixty  days 
after  written  request  of  the  City  Engineer  shall  replace  the 
present  floor  system  with  a  brick  pavement  on  a  wooden  floor, 
which  shall  consist  of  four-inch  Oregon  fir  on  wdiite  oak  plank, 
on  top  of  which  shall  be  laid  one-inch  fencing,  then  a  layer  of 
deadening  felt,  upon  which  the  paving  brick  shall  rest.  Said 
pavement  shall  be  in  accordance  with  the  standard  specifica- 
said  city  for  such  pavement;  the  joints  of  the  bricks 
shall  he  grouted  or  filled ;  and  when  all  this  is  done  in  a 
reasonable  and  proper  manner  the  bridge  shall  be  accepted 
as  having  been  constructed  under  and  in  conformity  with  the 
terms  of  said  agreement  between  said  city  and  the  St.  Paul, 
Minneapolis  &  Manitoba  Railway  Company  dated  August 
23,  1880. 

2598.  Sec.  7.  The  bridge  constructed  by  the  St.  Paul, 
Minneapolis  &  Manitoba  Railway  Company  over  its  right  of 
way  on  Snelling  avenue  shall,  on  or  before  the  first  day  of 
September,  1899,  under  the  terms  of  said  contract  of  August 
23,  1880,  be  replaced  by  said  company  with  a  new  steel  bridge 
having  a  roadway  forty  (40)  feet  wide  in  the  clear,  and  two 
sidewalks,  each  eight  (8)  feet  wide  in  the  clear,  and  with 
suitable  abutments.     The  floor  of  said  bridge  shall   be   made 


1023 

of  four-inch  pine  plank  which  shall  be  in  strips  not  over  eight 
(8)  inches  wide,  and  laid  with  spaces  three-quarters  (^4)  of 
an  inch  between  said  strips.  On  top  of  such  pine  plank  shall 
be  laid  a  floor  two  (2)  inch  oak  plank  ;  and  when  constructed 
and  completed  in  conformity  herewith  and  with  the  specifica- 
tion as  set  forth  in  section  ten  of  this  ordinance,  it  shall  be 
accepted  as  having'  been  constructed  under  and  in  conformity 
with  said  contract  of  August  23,  1880. 

2597.  Sec.  8.  The  bridge  constructed  by  the  St.  Paul.  Min- 
neapolis &  Manitoba  Railway  Company  over  its  right  of  way 
across  Rice  street  not  having  been  accepted  by  said  city  under 
the  provisions  of  said  contract  of  August  23,  1880,  shall  be  re- 
constructed, with  suitable  abutments,  under  said  contract,  by 
the  St.  Paul,  Minneapolis  &  Manitoba  Railway  Company,  or 
the  Great  Northern  Railway  Company,  whenever  the  city  by 
resolution  of  its  Common  Council  shall  require  such  construc- 
tion. The  new  bridge  shall  be  of  steel,  of  the  same  width 
as  the  present  one,  having  a  roadway  forty  (40)  feet  wide  in 
the  clear,  and  two  sidewalks,  each  ten  (10)  feet  wide,  with 
buckleplate  floor  and  asphalt  pavement,  constructed  in  ac- 
cordance with  the  standard  specifications  of  such  city  for  such 
pavement.  When  said  bridge  is  constructed  in  a  reasonable, 
proper  manner  in  conformity  with  the  section  and  the  specifi- 
cations sel  forth  in  section  ten  of  this  ordinance,  it  shall  be 
accepted  as  having  been  constructed  in  conformity  with  the 
terms  of  said  agreem«n1  of    Vugusl  23,  1880, 

2598.  .  9.  In  pari  consideration  of  the  benefits  and  ad- 
vantages accruing  to  the  St.  Paul,  Minneapolis  &  Manitoba 
Railway  Company  and  the  Greal  Northern  Railway  Com 
pany  under  the  provisions  of  this  Ordinance,  each  of  said  com- 
pany to  granl  to  the  City  of  St.  Paul  permission  to 
maintain  and  use  the  existing  bridge  at  Raymond  avenue  over 
the  righl  of  way  of  the  St.  Paul,  Minneapolis  &  Manitoba 
Railway,  and  the  righl  to  construd  and  perpetuall}  main 
tain   a   bridge   with   span   and   supporl    under   the   terms  and 

conditions  as  expressed   in    written   license  or  permit    executed 

by  the  St.  Paul,  Minneapolis  &  Manitoba  Railway  Company, 
Th  •  Greal    Northern   Railway  Company  and   die  Minnesota 


in?! 


Transfer  Railway  Company  and  the  Northern  Pacific  Railway 
Company,  panics  n\  the  first  part,  and  the  City  of  St.  Paul, 
part)  of  the  second  pan.  bearing  date  the  first  day  of  April, 
1898,  and  approved  by  the  city  by  action  of  its  Council  on  the 
fourth  day  of  March.  L899. 

2599.  Sec.  10.  The  bridges  to  be  constructed  by  the  St. 
Paul,  Minneapolis  &  Manitoba  Railway  Company,  or  the 
Great  Northern  Railway  Company,  under  the  provisions  of 
this  ordinance  shall  in  all  parts  of  their  structure  be  propor- 
tioned for  their  own  weight  and  live  load  of  one  hundred  (100) 
pounds  per  square  foot  of  roadway  and  sidewalks.  In  the 
floor  system  a  live  load  of  fifteen  (15)  tons  of  two  thousand 
(2,000)  pounds  on  four  wheels,  spaced  six  by  ten  (6x10)  feet, 
shall  not  produce  in  any  member  a  stress  exceeding  the  unit 
stress  allowed  by  more  than  twenty-five  (25)  per  cent.  The 
unit  stress  per  square  inch  of  section  for  soft  steel  to  be  as 
follows : 

Live         Dead 

Load.       Load. 

Pounds.  Pounds. 

Roadway   and    sidewalk   stringers, 

Rolled  sections. 

Built  sections,  stringers  and 

floor  beams. 

Girders. 

Reduced   by    Gordon     formula    for 
posts  in  bents. 
Shear  10,500 

Xumber  of  field  rivets  to  be  tw^enty-five  (25)  per  cent  in 
excess  of  above  requirements. 

Wind   load,   450   pounds   per   lineal    foot  of   bridge.     All 
wind  bracing  to  consist  of  stiff  members. 

Least  thickness  of  metal  to  be  used,  ^-inch  except  for 
lacing  post,  where  it  can  be  5-16  inch. 

2600.  Sec.  11.  All  bridges  constructed  under  the  terms  of 
said  agreement  of  August  23,  1880,  shall,  in  all  respects  not 
particularly  set  forth  or  specified  in  this  ordinance,  conform 


Tension. 

10,000 

15,000 

Tension. 

10,000 

1  1,000 

Tension. 

12,000 

15,000 

Compres- 

si<  >n 

12,000 

L5.000 

1025 

to  plans  and  specifications  to  be  made  by  the  Chief  Engineer 
of  said  city,  and  submitted  to  and  approved  by  the  said  St. 
Paul.  Minneapolis  :&  Manitoba  Railway  Company  or  Croat 
Northern  Railway  Company. 

2601.  Sec.  12.  Each  of  said  railway  companies  shall  with- 
in ten  days  after  the  passage  and  publication  of  this  ordinance 
file  its  written  acceptance  thereof  in  the  office  of  the  City 
Clerk  of  said  city. 

Sec.  13.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  publication  and  acceptance  as 
herein  provided. 

Ordinance  No.  2192. 
(Approved  June  11,  1901.) 

2602.  An  Ordinance  to  permit  and  regulate  the  construc- 

tion and  operation  of  railroad  tracks  across  Rosa- 
bel street  and  along  the  alley  through  Block  three 
(3),  in  Hopkin's  Addition  to  the  City  of  St.  Paul. 

The   Common  Council  of  the  City  of  St.    Paul   do  ordain  as 

follows : 

Sec.  1.  Permission  and  authority  is  hereby  given  to  the 
Great  Northern  Railway  Company  and  the  St.  Paul,  Minne- 
apolis &  .Manitoba  Railway  Company,  or  either  of  them,  to 
construct,  maintain  and  operate,  until  such  time  as  this  per- 
mission shall  be  revoked  by  the  Common  Council,  a  railroad 
sidetrack,  for  the  easterly  line  of  Rosabel  streel  in  Block  four 
i  I  i  of  Hopkin's  Addition  to  the  City  of  St.  rani.  down,  across 
and  over  and  along  the  alley  running  easterrj  and  westerly 
through  Block  three  (3)  in  said  Hopkin's  Addition  to  the  City 
of  St.  Paul,  westerly  to  the  easterly  boundary  line  of  Wacouta 
streel  in  said  city. 

2603.  Sec.  2.  Said  sidetrack  across  said  street  and  along 
said  alley  shall  not  be  used  for  storage  purposes  or  for  storing 
cars,  and  all  empty  cars  shall  be  removed  therefrom  within 
five  (5)  hours  after  the  same  are  unloaded. 

2604.  Sec  :;.  This  ordinance  shall  nol  take  effeel  or  be  in 
force  until  after  its  passage  and  publication,  and  the  filing  ol 


1026 

a  bond  with  the  City  Clerk  in  the  sum  of  $10,000,  to  be  first 
approved  by  the  Corporation  Attorney,  conditioned  to  save 
the  City  <<\  St.  Paul  harmless  in  the  premises,  and  renewable 
from  time  to  time  as  the  Common  Council  may  require. 

Ordinance  No.  2219. 

(Approved  October  23,  1901.) 

2605.  An    Ordinance    amending    Ordinance    No.    2192,    ap- 

proved June  11,  1901. 

The   Common   Council  of  the   City  of   St.  Paul  do  ordain   as 

follows : 

Sec.  1.  Section  one  (1),  of  Ordinance  Xo.  2192,  of  the 
City  of  St.  Paul,  approved  June  11,  1901,  is  hereby  amended 
by  striking  out  the  words  "the  easterly  boundary  line  of  Wa- 
couta  street  in  said  city,"  being  the  last  ten  words,  and  insert- 
ing in  place  thereof  the  following  words,  "the  westerly  bound- 
ary line  of  Wacouta  street  in  said  city." 

Ordinance  No.  2320. 
(Approved  October  33,  1902.) 

2606.  An    Ordinance    granting   permission    to    the     Great 

Northern  Railway  Company  to  construct  a  tunnel 
under  Third  street,  in  the  City  of  St.  Paul,  for  the 
purpose  of  transmitting  heat  and  light  to  its  freight 
houses  and  other  buildings. 

The   Common   Council  of  the  City   of   St.   Paul   do  ordain  as 

follows  : 

Whereas,  the  Great  Northern  Railway  Company  is  de- 
sirous of  obtaining  the  right  to  construct  a  tunnel  under  Third 

i.  for  the  purpose  of  heating  and  lighting  its  freight 
houses  and  other  buildings  now  constructed,  or  hereafter  to 
be  constructed,  on  the  south  side  of  Third  street,  in  the  said 
City  of  St.  Paul,  Minnesota: 

2607.  .  1.  There  is  hereby  granted  to  the  Great  North- 
ern Railway  Company  the  right  to  tunnel  under  Third  street, 
in  said  City  <>i  St.  Paul,  and  to  place  and  maintain  therein  for 
the  period  of  twenty-five  (25)  years  from  the  passage  of  this 


1027 

ordinance,  steam  pipes  and  electric  light  wires,  for  the  pur- 
pose of  conveying"  steam  and  electric  current  from  the  heat- 
ing and  lighting  plants  in  its  general  office  building,  on  the 
north  side  of  Third  street,  to  its  freight  houses  and  other 
buildings  now  or  hereafter  constructed,  on  the  south  side  of 
said  Third  street,  for  the  purpose  of  supplying  said  freight 
houses  and  other  buildings  with  heat  and  light  during  said 
period,  upon  conditions,  however,  that  said  Great  Northern 
Railway  Company,  its  successors  and  assigns,  shall  comply 
with  all  the  provisions  of  this  Ordinance. 

2608.  Sec.  '2.  The  grantee  herein,  and  its  successors  and 
assigns,  within  the  period  of  thirty  (30)  days  after  the  pass- 
age and  publication  of  this  Ordinance,  shall  file  in  the  office 
of  the  City  Clerk,  in  the  City  of  St.  Paul,  its  written  accept- 
ance thereof,  the  same  to  be  in  such  form  as  shall  be  ap- 
proved by  the  Corporation  Attorney,  and  shall  construct  said 
tunnel  and  connect  said  buildings  with  the  proper  steam  pipes, 
to  be  laid  therein  within  the  period  of  three  (3)  months  from 
the  passage  and  publication  of  this  Ordinance. 

2609.  Sec.  3.  Said  tunnel  shall  be  constructed  and  said 
steam  pipe  placed  therein  under  the  direction  of  the  Commis- 
sioner of  Public  Works  of  the  City  of  St.  Paul,  and  shall  be 
constructed  in  such  manner  as  he  shall  direct,  and  the  grantee 
herein,  its  successors  and  assigns,  shall  Forever  keep  and  bear 
harmless  the  City  of  St.  Paul  from  any  and  all  damages,  costs 
and  expenses  in  any  manner  arising  oul  of  the  construction 
and  maintenance  of  said  tunnel  and  steam  pipe. 

2610.  Sec.  I.  The  rights  and  privileges  hereb}  granted 
shall  be  held  and  exercised  by  the  grantee  herein,  it--  su< 
sors  and  assigns,  subjeel  to  all  the  conditions  and  limitations 
contained  in  the  Charter  of  the  Cit}  of  St.  Paul,  including  the 
filing  of  tin-  statemenl  provided  for  in  Section  27,  Chapter  I  \  ., 
of  said  Charter,  and  the  payment  of  a  lie  i  e  of  five  (5) 
per  cent  of  the  gro  earning  arising  from  the  sale  of  steam 
or  heat  to  the  buildings  so  to  be  supplied  under  the  provision 
hereof,  or  in  any  manner  arising  from  the  -;i\<-  of  heal  and 
lighl  in  the  i  ind  enj'03  mint  of  the  rights  and  privili 

Ik  reby  Granted. 


2611.  Sec.  5.  The  rights  and  privileges  conferred  by  this 
ordinance  shall  not  in  any  manner,  directly  or  indirectly,  be 
void,  assigned,  leased  or  in  any  way  transferred  to  any  other 

•i.  company,  corporation  or  association,  without  first  ob- 
taining the  consent  of  the  Common  Council  of  said  city  by 
resolution  duly  passed  for  that  purpose. 

2612.  Sec.  6.  In  case  the  grantee  herein,  its  successors  or 
issigns,  shall  at  any  time  fail  to  comply  with,  or  in  case  of  a 

breach  by  it  of  any  of  the  terms,  provisions,  conditions  or 
limitations  contained  in  or  provided  for  in  this  Ordinance,  all 
the  rights  and  privileges  hereby  granted  shall  terminate,  and 
become  forfeited  to  the  City  of  St.  Paul  without  any  further 
act  or  ceremony  whatsoever. 

Sec.  7.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  approval,  publication  and  acceptance,  as 
hereinbefore  provided. 

MILWAUKEE     &    ST.    PAUL    RAILWAY    COMPANY, 
CHICAGO,  MILWAUKEE  &  ST.  PAUL   RAIL- 
WAY COMPANY,  AND  ST.  PAUL  & 
SIOUX  CITY  RAILROAD 
COMPANY. 

From  Article  LVIII.  of  the  Municipal  Code  1884. 

2613.  Sec.  6.  The  Milwaukee  &  St.  Paul  Railway  Com- 
pany and  the  St.  Paul  &  Sioux  City  Railroad  Company  are 
hereby  authorized  and  empowered  to  locate,  construct,  main- 
tain, operate  and  use  two  (2)  tracks  of  railroad  from  the  east- 
ward end  of  block  thirty-nine  (39),  thence  over  Second  street 
to  the  westerly  line  of  Jackson  street,  in  said  City  of  St.  Paul, 
across  Jackson  (street)  and  along  the  public  levee,  south  of 
and  adjacent  to  the  southerly  line  of  block  thirty  (30)  in  St. 
Paul  Proper,  according  to  the  recorded  plat  thereof,  as  re- 
corded in  the  office  of  the  register  of  deeds  of  Ramsey  county, 
Minnesota,  and  so  on  across  Sibley  street,  in  said  city,  and 
along  the  public  levee  to  a  point  of  junction  with  the  main 
track  of  the  first  division  of  the  St.  Paul  &  Pacific  Railroad, 
as  said  last  named  track  is  now  located,  said  tracks  to  be  lo- 
cated as  near  each  other  as  practicable,  and  to  be  laid,  con- 


L029 

Structed,  and  maintained  upon  the  established  grade  as  now.  or 
a*  may  hereafter  be  fixed  by  the  common  council  of  said  City 
of  St.  Paul  for  the  streets  or  levee  grades,  and  keep  said  tracks 
and  approaches  thereto  and  between  the  same  at  all  times  in 
good  repair  and  safe  to  the  public. 

(Ordinance  approved  April  9,  1873,  §  1.) 

2614.  Sec.  7.  In  consideration  of  the  right  of  way  over 
said  streets  and  public  levee,  the  said  .Milwaukee  &  St.  Paul 
Railway  Company,  and  the  St.  Paul  &  Sioux  City  Railway 
Company  shall  grade  said  public  levee  From  the  warehouse 
now  situate  at  the  lower  end  of  the  levee  where  Sibley  street, 
if  extended,  would  strike  the  Mississippi  river,  up  to  the  east 
end  of  the  warehouse,  known  as  the  St.  Paul  &  Sioux  City 
warehouse,  in  height  and  width  as  indicated  upon  the  profile 
of  said  levee  on  file  in  the  office  of  the  city  surveyor,  and  in 
accordance  with  the  established  grade  of  said  levee,  within 
six  (6)  months  after  the  passage  of  this  ordinance.  Said 
grading  to  be  done  under  the  direction  and  to  the  satisfaction 
of  the  hoard  of  public  works. 

I  Id.  §2.) 

2615.  Sec.  8.  The  said  railroad  company  shall  at  all  times 
protect,  defend  and  save  harmless  the  City  of  St.  Paul  from  all 
damages  from  any  and  all  actions  at  law  by  all  persons  owning 
or  occupying  property  in  from  or  adjacent  to  said  railroad 
track-  cither  in  block  thirty  (30),  as  hereinbefore  mentioned 
or  others,  by  reason  of  the  construction  or  maintaining  said 
tracks  along,  over  or  across  the  said  streel  or  public  levee; 
provided,  that  any  other  rail\\a\  compan)  ma\  use  said  two 
(2)  tracks,  and  have  the  righl  of  wa\  over,  on,  along  and 
across  said  streets  and  public  levee,  for  the  purpose  of  pass 

ing    through    said    city,   under    such    reasonable   conditions    and 

regulations  as  are  usual  between  railwa}  corporations,  but  no 
additional  track  -hall  be  laid  withoul  the  express  consent  of 
the  common  conned  of  said  City  of  St.  Paul. 

(Id.  §3.) 

2616.  Sec.  9.  Vfter  the  construction  of  said  double  track 
from  and  to  the  point  h<  n  inbefore  indicab  d,  it  shall  not  be 
lawful  for  said  railroad  companies,  either  of  them,  or  am  other 


1030 

company,  to  use  for  any  purpose  the  railroad  track  now  in  use 
across  said  levee,  cast  of  block  thirty-nine  (39),  during  the 
part  of  the  year  that  the  Mississippi  river  is  open  to  steam- 
boat navigation,  unless  by  special  permission  of  the  common 
council,  and  the  right  to  order  said  railroad  track  taken  up  at 
any  time  is  hereby  especially  reserved. 

(Id.  §  4.) 

2617.  Sec.  10.  The  said  Milwaukee  &  St.  Paul  Railway 
Company,  the  St.  Paul  &  Sioux  City  Railroad,  and  all  railway 
companies  using  said  double  track,  shall  keep  said  streets 
clear  from  obstructions,  such  as  will,  or  may  hinder,  or  un- 
reasonably delay  or  impair  the  free  use  and  enjoyment  of  said 
streets  or  public  levee  by  the  public,  except  so  far  as  to  trans- 
act the  usual  and  ordinary  business  of  said  railroads,  but  in 
no  case  shall  said  railroads  allow  Jackson  street  to  be  blocked 
up  with  cars,  trains,  engines  or  otherwise,  for  a  longer  period 
than  five  (5)  minutes  at  any  time. 

(Id.  §  5.) 

2618.  Sec.  11.  Said  railroad  companies  or  corporations  so 
using  said  double  track,  or  either  of  said  tracks,  using  or  own- 
ing lands,  lots,  blocks  or  parcels  of  land,  on  or  near  the  line 
or  adjacent  to  said  railroad  track  or  tracks,  shall  pay  such  as- 
sessments  as  in  the  opinion  and  judgment  of  the  board  of 
public  works  of  the  City  of  St.  Paul  is,  or  will  be,  benefited 
by  the  improvement,  extension,  or  opening  of  Second  street 
to  Jackson  street,  which  opening  or  extension  is  now  ordered 
or  to  be  ordered  by  said  council. 

(Id.  §6.) 

2619.  Sec.  12.  Each  company  shall  be  liable  separately  to 
the  public  or  individuals  for  any  violation  of  this  ordinance, 
or  damage  arising  from  its  separate  act  or  acts  of  its  emploves. 

(Id.  §  7.) 

2620.  Sec.  1.3.  The  said  Milwaukee  &  St.  Paul  Railway 
Company  and  the  St.  Paul  &  Sioux  City  Railroad  Company, 
shall  within  sixty  (60)  days  from  and  after  the  passage  of  this 
ordinance,  file  with  the  city  clerk  a  resolution  duly  adopted 
by  their  respective  board  of  directors,  accepting  this  ordi- 
nance upon  the  terms  and  conditions  herein  contained;  and  if 


1031 

either  of  said  railroad  corporations  shall  fail  to  accept  this  or- 
dinance as  herein  provided,  the  same,  as  to  such  railroad 
company  so  neglecting  or  refusing,  shall  be  void  and  of  no 
effect. 

(Id.  §8.) 

2621.  Sec.  14.  The  corporation  of  the  City  of  St.  Paul 
hereby  reserves  the  right  to  alter,  modify,  or  repeal  this  ordi- 
nance,  at  any  time  when  it  may  deem  it  necessary  to  the  public 
interest  or  public  welfare. 

(Id.  §9.) 

2622.  Sec.  15.  That  the  Chicago,  Milwaukee  &  St.  Paul 
Railway  Company  be,  and  it  is  hereby,  authorized  and  per- 
mitted to  erect  and  occupy  a  wooden  freight  depot  four  hun- 
dred (400)  feet  in  length  and  forty-eight  (48)  feet  in  width, 
on  the  bank  of  the  Mississippi  river,  about  one  hundred  I  l(|t>i 
feet  easterly  of  the  building  known  as  "The  Davidson  ele- 
vator,"  and  nearly  opposite  and  southeasterly  of  blocks  three 
i  '■'<  i  and  four  (4)  of  Hopkin's  Addition  to  St.  Paul;  provided, 
however,  that  said  permit  shall  be  limited  to  a  term  of  two 
(  2  I  years. 

(Ordinance  approved  July  1!),   1881,  §1.) 

2623.  Sec.  L6.  Thai  permission  be  and  tin-  same  is  hereb} 
given  to  the  Chicago,  Milwaukee  &  St.  Paul  Railway  Company 
to  take  down  and  remove  the  "Id  freight  house  which  is  own 
ed  and  used  by  said  company  standing  next  below  Sibley 
streel  on  tin-  levee,  and  to  erect  a  new  freight  building  upon 
site  now  occupied  by  said  old  Freight  bouse;  provided,  that  the 

new    structure    may    be    extended    a    distance    <>f   ten    (10)    Fei 

ueanr  the  Mississippi  river  than  the  old  one,  if  the  city  engi 
neer  shall  be  of  the  opinion,  that  the  same  shall  in  no  manner 
interfere  with  the  navigation  of  said  river;  and  provided  fur 
ther,  that  said  new  freighl   house  shall  he  built  substantially 
in  accordance  with  the  plans  on  file  in  the  office  of  the  city 
clerk;  and  provided,  thai   the  basemenl  or  lower  story  fronl 

ing  on    the  river,   shall   he   laid    with    substantial    floor,   and    said 

lower  story,  together  with  the  platform  on  the  river  fronl  and 
thr  railway  track  along  the  said  river  front,  shall  he  open  and 
subjeel  to  tie   ii  e  of  the  public  for  all  wharfage  and  transfer 


1032 

purposes  without  charge,  and  a  sufficient  platform  and  en- 
trance For  drays  shall  be  provided  for  said  lower  story  at  the 
end  of  said  building. 

I  <  Ordinance  approved  April  18,  1882,  §  1.) 
Sec.    17.     Nothing   in   this   ordinance    contained    shall    be 
construed  as  waiving  any  of  the  rights  of  the  City  of  St.  Paul 
i--  and  to  the  real  property  proposed  to  be  occupied  by  said 
building. 

(Id.  §2.) 

MINNESOTA  &   NORTHWESTERN  RAILROAD  COM- 
PANY. 

From  Article  LVIII.,  Municipal  Code  1884. 

2624.  Sec.  2-4.  That  permission  and  authority  be,  and  the 
same  is  hereby  given  and  granted  unto  the  Minnesota  & 
Northwestern  Railroad  Company  and  its  successors,  to  lay 
down,  maintain,  and  operate  one  or  more  railroad  tracks  on 
the  entire  length  of  the  street  or  levee  fronting  on  the  Mis- 
sissippi river  in  the  Sixth  ward  of  said  city,  using,  however, 
no  greater  width  of  said  street  or  levee  than  fifty  (50)  feet 
for  said  railway  track,  such  part  or  portion  of  said  street  or 
levee,  so  to  be  used  for  said  railway  tracks,  to  be  designated 
and  fixed  by  the  board  of  public  works  of  the  City  of  St.  Paul, 
with  the  concurrence  of  the  common  council  of  said  city, 
whenever  requested  by  said  railroad  company. 

i  <  trdinance  approved  Jan.  3,  1884,  ,§  1.) 

2625.  Sec.  '!~k  The  foregoing  franchise  and  right  of  way, 
is  granted  upon  the  express  conditions  following,  to-wit: 

2626.  First— That  said  company  shall  commence  the  con- 
struction of  said  railroad  within  the  Sixth  ward  of  said  city, 
prior  to  the  first  day  of  June,  1884,  and  shall  continue  its  con- 
struction within  said  ward,  so  that  at  least  fifty  thousand  dol- 
lars ($50,000)  shall  be  expended  in  the  construction  of  said 
railroad,  within  said  ward,  within  the  year  1884,  and  shall  en- 
tirely complete  said  railroad  to  the  northern  boundary  of  the 
State  of  Iowa,  within  two  (2)  years  thereafter. 

2627.  Second — That  said  Minnesota '&  Northwestern  Rail- 
road  Company,   shall  at  all  times  defend  and  save   harmless 


in:;:: 

the  City  of  St.  Paul  from  any  and  all  damages,  expenses,  and 
suits,  arising  or  growing  out  of  the  passage  of  this  said  levee 
or  street  with  its  cars,  trains,  or  tracks. 

2628.  Third — That  all  railway  tracks,  laid  upon  said  street 
or  levee  by  said  company,  shall  be  laid  at  grade  as  such  grade 
shall  be  established  by  the  City  of  St.  Paul.  And  said  com- 
pany shall  make  and  maintain  proper  crossings  across  said 
railway  tracks,  and  any  other  improvements  rendered  neces- 
sary, by  reason  of  the  use  and  occupation  of  said  street  or 
levee,  by  said  railroad  tracks,  whenever  recpiested  by  the  board 
of  public  works  of  the  City  of  St.  Paul. 

2629.  Fourth — The  said  city  herd)}-  reserves  the  right  to 
hereafter,  by  ordinance,  allow  and  permit  any  railroad  com- 
pany or  companies  terminating  in,  or  running  through  said 
city,  to  cross  the  track  or  tracks  of  said  Minnesota  &  North- 
western Railroad  Company  at  any  point  upon  said  street  or 
levee. 

2630.  Fifth — That  said  railroad  company  shall  establish 
and  forever  maintain  a  freight  and  passenger  depot  within  the 
Sixth  ward  of  the  City  of  St.  Paul. 

2631.  Sixth — That    the   privilege   hereby   granted,  shall   be 

enjoyed  subject  to  all  ordinances  thai  now  are,  or  may  here- 
after be  in  force,  concerning  railroads  in  said  City  of  St.   Paul. 

(  Id.  §2.) 

2632.  Sec.  36.  That  the  Minnesota  &  Northwestern  Rail- 
road Compan)  shall,  within  ninety  (90)  days,  file  with  the  city 
clerk,  a  resolution  officially  adopted,  accepting  this  ordinance 
upon  the  terms,  reservations,  and  conditions  herein  named 
And  if  said  company  neglect,  or  refuse,  to  accepl  this,  or  com 
ply  with  the  terms  thereof  all  and  singular,  as  aforesaid,  then 
the  same  -hall  be  void  and  of  no  effect. 

(Id.  §  3.) 

2633.  Sec.   27.     That    permission   and   authorit}    is   hereby 
granted  unto  the  Minnesota  &   Northwestern   Railroad  Com 
pany,  its  successors  and  assigns,  to  build,  con  trucl  and  for 
ever  maintain  and  operate  its  railroad  with  one  oi  more  trai  l 
in  the  City  of  St.  Paul,  on  its  Km  iw  located,  over  and 


1034 

across  the  following  named  streets  and  enemies,  situate  in  the 
Sixth  ward  of  the  City  of  St.  Paul,  to-wit:  Arthur  avenue, 
Wilder  avenue,  Kobie  street,  Hoyt  avenue,  Winifred  street, 
Andrew  avenue,  Brown  avenue,  Susan  street,  Cambridge 
street,  Clinton  avenue,  Wood  street,  Eaton  avenue,  Livingston 
avenue,  Custer  street,  Plato  avenue,  Chicago  avenue,  Indiana 
avenue,  Fairfield  avenue,  Fillmore  avenue,  and  Starkey  street. 
(Ordinance  approved  Sept.  16,  1884,  §  1.) 

2634.  See.  28.  That  the  permission  and  authority  herein 
granted  in  section  one  (1)  of  this  ordinance  are  granted  upon 
the  express  conditions,  viz. : 

First — That  the  said  Minnesota  &  Northwestern  Railroad 
Company  shall,  before  they  attempt  to  grade  or  in  any  manner 
interfere  with  State  street  construct  a  highway  bridge  over  and 
across  its  right  of  way  on  said  street  of  such  kind  and  ma- 
terial, as  shall  be  ordered  by  the  common  council ;  providing, 
that  said  bridge  shall  be  at  least  twenty  (20)  feet  in  the  clear 
above  the  grade  of  the  railway. 

2635.  Second — That  the  said  Minnesota  &  Northwestern 
Railroad  Company  shall  bridge  or  tunnel,  as  the  case  may  be, 
any  and  all  other  streets  that  said  railroad  company  may  cross 
with  its  tracks,  whenever  ordered  by  the  common  council  of 
said  city,  and  the  same  to  be  of  the  kind  and  material  as  said 
council  shall  approve;  provided,  that  no  bridge  shall  be  built 
over  said  tracks  at  an  elevation  which  will  give  less  clear 
headway  over  the  same  than  twenty  (20)  feet. 

2636.  Third — That  said  Minnesota  &  Northwestern  Rail- 
road Company  shall  make  and  maintain  convenient  crossings, 
where  the  track  or  tracks  of  said  company's  road  crosses  any 
street  or  alley,  according  to  the  directions  of  the  common 
council  of  said  city. 

2637.  Fourth — That  the  said  Minnesota  &  Northwestern 
Railroad  Company  shall  and  will  forever  indemnify  and  save 
harmless  the  City  of  St.  Paul,  against  any  and  all  damages, 
judgments,  claims,  costs,  and  expenses  of  same,  which  it  may 
suffer,  or  that  may  be  recovered  or  obtained  from  or  against 
said  city  for  or  by  reason  of  the  granting  of  such  privilege  and 
authority,  or  for  or  by  reason  of,  or  growing  out  of,  or  result- 


1035 

ing  from  the  passage  of  this  ordinance,  or  any  matter  or  thing 
connected  therewith,  or  with  the  exercise  by  said  company  of 
the  privilege  hereby  granted: 

2638.  Fifth— The  City  of  St.   Paul  shad  have  the  right  at 

any  time  to  fcnter  upon  any  of  the  streets  that  may  be  covered 
by  the  track  or  tracks  of  said  Minnesota  <N:  Northwestern 
Railroad  Company,  for  the  purpose  of  constructing  sewers, 
and  for  that  purpose,  if  necessary,  during  the  progress  of  said 
work,  and  said  company  shall  remove  its  tracks. 

2639.  Sixth — That  the  said  Minnesota  &  Northwestern 
Railroad  Company  shall  complete  and  have  the  cars  running 
thereon  a  line  of  railroad  from  the  northern  boundary  of  the 
State  of  Iowa  to  and  within  the  Sixth  ward  of  the  City  of  St 
Paul,  within  two  r.J )  years  from  the  passage  of  this  ordinance. 
A  failure  upon  the  part  of  the  said  company  to  comply  with 
any  of  the  foregoing  conditions  shall  be  deemed  a  waiver  of 
all  the  rights  said  company  may  have  acquired  under  this 
ordinance. 

(Id.  §2.) 

2640.  Sec  89.  The  privilege  hereby  granted  shall  be  sub- 
ject to  all  general  ordinances  that  are  now  or  may  hereafter 
be  in  force,  concerning  railroads  in  the  City  of  St.  Paul. 

(Id.  §3.) 

2641.  Sec.  30.  Tin-  ordinance  shall  take  effect  and  be  in 
force  from  and  after  the  filing,  in  the  office  of  the  city  clerk, 
of  a  written  acceptance  thereof  by  said  company,  signed  1>\    its 

president,  under  its  corporate  seal,  provided  Mich  acceptance 
be  filrd  within  twenty  (20)  days  from  the  date  of  the  passage 
of  this  ( irdinance. 

tld.  §  l.i 

ARTICLE  LXXXIV.,  MUNICIPAL  CODE  1884. 
('  >rd.  16  l.  approved  Nov.  1 1.  L884.  i 

2642.  Sec.  i.  That  there  he.  and  hereb}  is  granted,  to  the 
Minnesota    &    Northwestern    Railroad    Company,    permission 

and    authority    to    build    and    forever    maintain    and    operate    a 

single  track  railway  over  and  ai  rosa  and  upon  the  public  levee 


1036 

t>t"  the  Sixth  ward  of  said  city,  from  a  junction  with  its  present 
located  line  in  block  four  I  h  of  Bazille  &  Robertson's  Ad- 
dition, to  a  connection  with  its  proposed  bridge  across  the 
Mississippi  river.  Also  over  and  across  and  upon  the  public 
levee,  from  a  connection  witli  its  proposed  bridge  landing  at 
a  point  nearly  opposite  the  center  of  block  thirt*'-nine  (39), 
St.  Paul  Proper;  thence  on  a  curved  line  to  a  junction  near 
the  east  line  of  Jackson  street,  with  one  of  the  tracks  now  ex- 
isting 'Hi  said  public  levee  in  front  of  block  thirty  (30),  of  St. 
Paul  Proper. 

2643.  Sec.  2,  That  in  the  construction  of  said  railway, 
under  the  privileges  hereby  "ranted,  the  grade  of  said  tracks 
shall  be  fixed  and  determined  by  the  city  engineer  of 'the  City 
of  St.  Paid,  starting  at  the  east  line  of  Jackson  street,  and  run- 
ning one  hundred  (100)  feet  on  the  present  grade  of  said 
levee  :  thence  crossing  the  levee  to  the  first  pier  on  a  rising 
grade,  not  exceeding  one  and  one-half  (lj4)  feet  in  one  hun- 
dred (100)  feet;  thence  on  the  west  bank  of  the  Mississippi 
river,  starting  at  the  south  line  of  the  levee  at  the  established 
grade  thereof,  running  across  said  levee  on  a  rising  grade  not 
exceeding  one  and  one-half  (1^)  feet  in  one  hundred  (100) 
feet. 

2644.  Sec.  3.  That  the  location  of  said  bridge,  and  the 
tracks  hereby  authorized  to  be  constructed,  shall  be  substan- 
tially on  the  line  as  shown  in  a  map  which  the  said  railroad 
company  has  caused  to  be  filed  with  the  city  clerk  of  said  City 
of  St.  Paul.  The  foregoing  franchise  and  right  of  way  is  grant- 
ed to  and  accepted  by  the  Minnesota  &  Northwestern  Railroad 
Company,  upon  the  express  conditions  following,  to-wit : 

2645.  First — That  as  a  condition  precedent  to  the  construc- 
tion ot  its  tracks  upon  the  public  levee,  the  said  Minnesota  & 
Northwestern  Railroad  Company  shall  complete  and  build  a 
railroad  bridge  over  the  Mississippi  river,  from  and  to  a  junc- 
tion  with  the  line  of  railway  track,  authorized  to  be  built  by 
this  ordinance,  and  have  the  same  ready  for  the  crossing  of 

within  nine  (0)  months  after  the  acceptance  of  this  ordi- 
nance by  -aid  company. 


1037 

2646.  Second — That  the  Minnesota  &  Northwestern  Rail- 
road Company,  and  all  other  companies  using  the  track  of 
railway  over  and  across  said  public  levee,  shall  at  all  times 
keep  said  public  levee  or  streets  crossed  by  it  or  them,  clear 
from  obstructions,  such  as  will  or  may  unreasonably  hinder 
or  delay,  or  impair  the  free  use  and  enjoyment  of  said  public 
levee  or  streets,  and  in  no  case  shall  the  Minnesota  &  North- 
western Railroad  Company,  or  any  other  railroad  or  other 
company  running"  over  said  track  with  its  cars  or  locomotives, 
allow  said  public  levee  or  streets  crossed  by  them,  to  be 
blockaded  with  its  cars,  trains,  engines,  or  otherwise,  except 
to  cross  the  same,  and  no  company  using  said  track,  shall  al- 
low said  levee  to  be  blockaded  up  or  obstructed  by  its  cars 
or  otherwise,  for  a  period  longer  than  three  (3)  consecutive 
minutes. 

2647.  Third— The  City  of  St.  Paul  reserves  the  right  to 
make  such  changes  of  any  grade  heretofore  or  hereafter  estab- 
lished, of  the  public  levees  or  streets  crossed  or  used  by  virtue 
of  this  ordinance,  of  said  Minnesota  &  Northwestern  Railroad 
Company,  as  -it  may  think  proper,  and  whenever  any  such 
change  of  grade  shall  be  ordered  as  aforesaid,  the  Minnesota 
&  Northwestern  Railroad  Company,  must  and  shall  adapt  its 
tracks  to  the  grade  as  changed,  SO  as  to  bring  the  ties  and  lay 
the  rails  as  even  with  the  surface  as  may  be. 

2648.  Fourth-  The  common  council  of  the  City  of  St. 
Paul,  by  resolution,  may  direct  .said  Minnesota  &  Northwesl 
em  Railroad  Company  to  employ,  and  keep  continually  at  its 
own  cosl  and  expense,  one  I  I  I  or  more  Ragmen  on  said  levee 
or  street-,  and  to  provide  such  other  safeguard  in  and  aboul 
its  business  on  the  levee,  as.  in  the  opinion  of  said  common 
council,  the  public  safety  may  require. 

2649.  Fifth  The  speed  of  all  locomotives,  cars  and  trams 
running  along  and  over  said  levee  and  streets  shall  not  exi 
the  rate  ol  four  I  l  I  miles  an  hour,  and  while  in  motion  the 
bell  of  such  locomotives  shall  be  regularly  sounded  to  warn 
persons  of  danger;  provided,  thai  the  said  city  reserves  the 
right  to  regulate  the  rate  of  speed  on  said  levee,  from  time 
to  time,  as  the  public  interesl  may  demand,  by  resolution  of 

the  common  council. 


L038 

2650.  Sixth  That  the  said  Minnesota  &  Northwestern 
Railroad  Compan)  shall,  from  time  to  time,  as  ordered  and 
directed  by  the  common  council,  pay  its  pro  rata  share  of  the 

For  any  improvement,  for  grading,  guttering  and  draining 
such  public  levee,  and  other  public  improvements  of  said  levee 
made  necessary  either  by  reason  of  river  transportation  or 
public  improvement. 

2651.  Seventh — The  said  Minnesota  &  Northwestern  Rail- 
road Company  shall,  at  all  times,  defend  and  save  harmless 
the  City  of  St.  Paul,  from  any  and  all  damages,  expenses,  and 
suits,  arising  or  growing  out  of  the  passage  of  this  ordinance, 
and  the  use  and  occupation  of  said  levees  and  streets  by  cars, 
trains  and  tracks,  as  herein  authorized  and  provided,  or  re- 
sulting from  a  failure  or  neglect  to  comply  with  the  ordinance, 
or  any  resolution  of  the  common  council,  passed  thereunder, 
as  herein  provided. 

2652.  Eighth— The  City  of  St.  Paul,  may  at  any  time  here- 
after, by  ordinance,  allow  and  permit  any  railroad  company  or 
companies,   terminating   in  or   running  through    said   city,   to 

5S  the  bridge  herein  authorized  to  be  erected,  and  the 
railway  track  authorized  to  be  laid  upon  the  public  levee,  and 
to  run  aver  and  across  said  bridge,  and  upon  and  over  the 
said  railroad  tracks,  for  the  transportation  of  locomotives  and 
cars,  under  reasonable  and  usual  regulations  governing  rail- 
road corporations  in  joint  use  of  bridges  and  railroad  tracks, 
such  company  or  companies  to  contribute  and  pay  their  suit- 
able share  of  the  cost  and  value  of  said  bridge,  and  the  cost 
and  value  of  said  railway  track,  and  the  repair,  expenses  and 
■  ■tiler  charges  in  using  and  maintaining  the  same,  and  subject 
to  all  the  conditions  and  provisions  in  this  ordinance  con- 
tained; provided,  said  railroad  company  or  companies  shall 
have  previously  applied  to  the  Minnesota  &  Northwestern 
Railroad  Company,  for  said  privileges  over  and  across  said 
bridge,  and  over  and  along  said  railway  tracks,  and  shall  have 
been  refused  the  same,  upon  its  offer  to  accept  said  privileges, 
under  reasonable  and  usual  regulations,  and  reasonable  and 
usual  rules  governing  railroad  companies  in  joint  use  of  rail- 
way tracks  and  railway  bridges. 


1039 

2653.  Sec.  5.  The  Minnesota  &  Northwestern  Railroad 
Company  shall,  within  thirty  (30)  days  from  and  after  the 
passage  of  this  ordinance,  file  with  the  city  clerk  a  written  ac- 
ceptance, duly  signed  by  its  president  and  secretary,  under 
the  seal  of  said  corporation,  which  acceptance  must  be  duly 
authorized  by  its  board  of  directors,  accepting  this  ordinance 
upon  the  terms  and  conditions  herein  named,  and  if  said  com- 
pany shall  neglect  or  refuse  to  accept  this  ordinance  or  com- 
ply with  the  terms  thereof,  as  aforesaid,  then  the  same  to  be 
void  and  of  no  effect. 


Ordinance  No.  570. 

(Approved  September  28,  1885.) 

2854.  An  Ordinance  granting  permission  to  the  Minnesota 
&  Northwestern  Railroad  Company  to  cross  the 
public  levee  at  any  point  between  Broadway  street 
and  the  junction  of  the  Union  Depot  tracks  with 
the  Chicago,  St.  Paul,  Minneapolis  and  Omaha 
Railway,  formerly  known  as  the  St.  Paul  &  Sioux 
City  Railroad,  west  of  Jackson  street,  and  allow- 
ing and  permitting  said  Minnesota  &  Northwest- 
ern Railroad  Company  to  connect  with,  and  to 
operate  and  run  upon  and  use,  for  the  transporta- 
tion of  locomotives  and  cars  thereon,  all  or  any  of 
the  tracks  of  the  St.  Paul  Union  Depot  Company, 
constructed  or  used  or  operated,  under  or  pursu- 
ant to  the  provisions  of  ordinance  number  one 
hundred  and  eighty-nine  (189)  of  the  City  of  St. 
Paul,  duly  passed  and  approved  Jan.  10,  1880,  from 
the  east  side  of  Broadway  street  to  a  junction 
with  the  Chicago,  St.  Paul,  Minneapolis  &  Omaha 
Railroad,  formerly  known  as  the  St.  Paul  &  Sioux 
City  Railroad,  at  a  point  one  hundred  (100)  feet 
westerly  of  Jackson  street,  in  said  City  of  St.  Paul. 

Whereas,  by  ordinance  duly  passed  and  approved  on  the 
tenth  day  of  January.  1880,  entitled  "An  ordinance  granting 
the  ri.^ht  of  way  to  the  St.  Paul  Union  Depol  Companj  over 
and  across  the  pubnc  levee  From  the  east   sid<    of  Broadway 


1010 

street  to  the  Sioux  City  Railroad,  at  a  point  one  hundred  (100) 
feet  westerly  of  Jackson  street,  in  the  City  of  St.  Paul,"  the 
common  council  of  the  City  of  St.  Paul  did  authorize  and  em- 
power the  St.  Paul  Union  Depot  Company  to  locate,  con- 
struct, maintain,  operate,  and  use,  including  those  used  by  the 
Minnesota  Valley  Railroad  Company,  at  that  time  the  St. 
Paul  &  Sioux  City  Railroad  company,  now  the  Chicago,  St. 
Paul.  Minneapolis  &  Omaha  Railway  Company,  and  Milwau- 
kee ^  St.  Paul  Railroad  Company,  now  the  Chicago,  Milwau- 
kee &  St.  Paul  Railway  Company,  four  (4)  tracks  of  railroad 
from  the  east  side  of  Broadway  street  to  a  junction  with  the 
St.  Paul  &  Sioux  City  Railroad,  now  the  Chicago,  St.  Paul, 
Minneapolis  &  Omaha  Railway,  at  a  point  one  hundred  (100) 
feet  westerly  of  Jackson-  street  in  said  St.  Paul,  said  tracks  to 
be  located  on  the  northerly  portion  of  the  levee,  and  so  located 
that  the  levee  to  be  used  and  covered  by  said  four  (4)  tracks 
should  not  exceed  twelve  (12)  feet  for  each  railroad  track, 
commencing  at  a  line  eight  (8)  feet  southerly  from  the  south 
line  of  blocks  twenty-nine  (29)  and  thirty  (30),  St.  Paul 
Proper,  thence  easterly  in  a  straight  line  produced  to  the  east- 
erly line  of  Broadway  street;  provided,  however,  that  if  but 
one  (1)  additional  railroad  track  should  be  laid  under  the  pro- 
visions of  said  ordinance  the  same  should  be  laid  within  a 
limit  of  thirty-six  (36)  feet  from  a  line  eight  (8)  feet  southerly 
of  blocks  twenty-nine  (29)  and  thirty  (30)  aforesaid ; 

2655.  And  whereas,  the  said  ordinance  among  other  pro- 
visions contained  the  following,  to-wit : 

"Seventh — Said  city  may  at  any  time  hereafter,  by  ordi- 
nance, allow  and  permit  any  railroad  company  or  corporation 
tt  rminating  in  or  running  through  said  city  to  cross  the  pub- 
lic levee  at  any  point  between  Broadway  and  the  junction  of 
the  Union  Depot  tracks  with  the  St.  Paul  &  Sioux  City  Rail- 
road, west  of  Jackson  street,  and  to  operate  and  run  upon  and 

any  of  the  tracks  hereby  authorized  to  be  located  for  the 
transportation  of  locomotives  and  cars  thereon  under  reason- 
able and  usual  regulations  governing  railroad  corporations  in 
joint  use  of  tracks,  such  company  or  companies  to  contribute 
and  pay  their  suitable  share  of  the  cost  and  value  of  the  com- 
mon  track,   and   the   repairs,  expenses,  and  other  charges   in 


1041 

using  and  maintaining  same,  and  subject  to  all  the  conditions 
and  provisions  in  this  ordinance,  provided  said  railroad  com- 
pany or  companies  shall  have  previously  applied  to  the  Union 
Depot  Company  for  said  privilege,  on  one  (1)  or  more  of  its 
tracks,  and  shall  have  been  refused  the  same,  upon  its  offer 
to  accept  said  privilege  under  reasonable  and  usual  regulations 
and  reasonable  and  usual  rules  for  contribution  governing 
railroad  corporations  in  joint  use  of  tracks." 

And  whereas,  the  said  Union  Depot  Company,  by  reso- 
lution of  its  board  of  directors,  duly  convened,  did  duly  ac- 
cept said  ordinance  number  one  hundred  and  eighty-nine 
(189),  upon  the  terms  and  conditions  named  therein,  which 
resolution  of  acceptance  was  duly  filed  in  the  office  of  the  city 
clerk  of  said  City  of  St.  Paul,  and  duly  accepted  and  received 
by  the  common  council  of  said  city  on  the  third  day  of  -March, 
1880; 

And  whereas,  said  Union  Depot  Company  has,  under  and 
pursuant  to  the  provisions  of  said  ordinance,  and  as  therein 
authorized  and  empowered,  located,  laid,  constructed  and 
adopted,  and  has  now  in  use  and  operation  certain  tracks  of 
railroad  between  the  limits  mentioned  in  said  ordinance  num- 
bered one  hundred  and  eighty-nine  (189),  and  located  in  the 
place  and  manner  provided  by  said  ordinance  as  aforesaid. 

And  whereas,  the  Minnesota  &  Northwestern  Railroad 
Company,  whose  railroad  now  terminates  in  the  said  City  of 
St.  Paul,  has  heretofore  and  on  the  23d  of  September,  1885, 
in  due  form,  applied  to  the  said  Union  Depot  Company  for  the 
privilege  of  operating  and  running  and  using,  for  the  trans- 
portation of  locomotives  and  ears  thereon,  the  said  tracks,  so 

locate!,    laid,    constructed    and    adopted    and    in    use.    and    being 

operated,  by  said  Union  Depol  Company,  on  said  public  levee, 
under  and  pursuant  to  the  provisions  of  said  ordinance  num- 
ber one  hundred  eighty-nine  (189),  as  aforesaid,  upon  the 
terms,  conditions  and  regulations  prescribed  in  said  seventh 
proviso  of  said  ordinance  number  one  hundred  eighty-nine 
I  1  s'.i  i,  hereinbefore  sel  f<  irth  ; 

And    whereas,   said    application     by     said     Minnesota  & 
Northwestern   Railroad  Company  to  said  Union  Depol  Com 
pany  for  said  privilege  on  its  said  tracks,  or  on  am  of  same 


1042 

has  been  and  was  on  said  twenty-third  day  of  September, 
.  by  said  Union  Depol  Company  refused  and  denied,  and 
i-  still  by  it  refused  and  denied,  upon  the  offer  of  the  said 
Minnesota  &  Northwestern  Railroad  Company,  duly  made  as 
aforesaid,  to  accept  said  privilege  under  reasonable  and  usual 
regulations  and  reasonable  and  usual  rules  for  contribution 
governing  railroad  corporations  in  joint  use  of  tracks; 
Now,  therefore. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
F(  >il  iws  : 

2656.  Sec.  1.  The  Minnesota  &  Northwestern  Railroad 
Company  is  hereby  authorized,  empowered,  allowed  and  per- 
mitted to  cross  the  public  levee  in  the  City  of  St.  Paul  with  one 
of  its  tracks,  which  shall  at  all  times  be  properly  planked, 
parallel  to  and  not  more  than  fifteen  (15)  feet  distant  towards 
the  river,  measuring  from  center  of  tracks,  from  the  most 
southerly  track  claimed  by  the  Chicago,  Milwaukee  &  St.  Paul 
Railway  Company, to  a  junction  with  the  tracks  of  the  St.  Paul 
Union  Depot  Company,  at  any  point  between  Broadway  street 
and  the  junction  of  the  Union  Depot  tracks  with  the  Chicago, 
St.  Paul,  Minneapolis  &  Omaha  Railway,  formerly  known  as 
tlie  St.  Paul  &  Sioux  City  Railroad,  one  hundred  (KM))  feet 
westerly  of  Jackson  street;  and  to  connect  its  tracks  with, 
operate  and  run  upon  and  use  for  the  transportation  of  loco- 
motives and  cars  thereon,  all  or  any  of  the  tracks  of  the 
Union  Depot  Company,  located,  constructed,  maintained,  oper- 
:  ted,  or  used  on  said  public  levee  by  the  said  St.  Paul  Union 
I  Vpot  Com  pan}-,  from  the  east  side  of  Broadway  street  to  a 
junction  with  the  said  Chicago,  St.  Paul.  Minneapoli>  & 
<  )maha  Railway,  formerly  the  St.  Paul  &  Sioux  City  Rail- 
road,  at  a  point  one  hundred  (100)  feet  westerly  of  Jackson 
street,  in  St.  Paul,  on  which  said  Union  Depot  Company  was 
authorized  and  empowered  to  locate,  construct,  maintain, 
i  iterate  or  use,  under,  pursuant  to,  and  by  the  terms  of  ordi- 
nance number  one  hundred  and  eighty-nine  (IS!))  of  said 
City  of  St.  Paul,  did}-  passed  and  approved  on  the  tenth  day 
i  >f  January.    I  - 

The  -aid    Minnesota  &  Northwestern   Railroad   Company 
i  rcise  the  privileges,  rights  and  franchises  hereby  granted 


1043 

under  reasonable  and  usual  regulations  governing  railroad 
corporations  in  joint  use  of  tracks;  and  the  said  Minnesota 
&  Northwestern  Railroad  Company  shall  be  liable,  in  accord- 
ance with  said  ordinance,  to  contribute  and  pay  its  suitable 
share  of  the  cost  and  value  of  the  common  tracks,  and  the  re- 
pairs, expenses,  and  other  charges  in  using  and  maintaining 
the  same. 

The  rights,  privileges  and  franchises  hereby  granted  are 
expressly  subject  to  all  the  conditions  and  provisions  of  said 
ordinance  number  one  hundred  and  eighty-nine  (189)  ap- 
plicable thereto,  duly  passed  and  approved  Jan.  1<».  1880. 

2657.  Sec.  2.  It  is  an  express  condition  of  the  acceptance 
of  this  ordinance  and  the  construction  and  use  of  the  one  I  1  I 
track  which  the  Minnesota  cv  Northwestern  Railroad  Com- 
pany is  hereby  permitted  to  construct  and  use,  that  any  other 
railroad  company  may  connect  with  and  use  said  track  and 
have  the  right  of  way  over,  on.  along,  and  across  said  track 
on  the  public  levee  and  the  streets  thereon  and  across  the 
same,  tinder  such  reasonable  conditions  and  regulations  as  are 
usual  between  railway  corporations  using  joint  tracks,  but 
only  after  obtaining  the  express  consenl  of  this  city  council. 

2658.  3.  The  Minnesota  &  Northwestern  Railroad 
Company    shall,    within    forty    i  t0)    days    from    and    after    the 

of  this  ordinance,  file  with  the  city  clerk  a  resolution 
officially  adopted,  accepting  this  ordinance  upon  the  onus  and 
conditions  herein  named:  and  if  said  company  shall  neglecl  or 
e  to  accepl  this  ordinance,  or  complj  with  the  terms 
thereof,  all  and  singular,  as  aforesaid,  then  the  same  shall  be 
void  and  i  >f  n<  i  efl 

I.     This  ordinance  to  be  in  force  from  and  after  it1- 
passage. 

MINNESOTA,    ST.   CROIX   &   WISCONSIN    RAILROAD 

COMPANY. 

From  Article  LVIII.,  Municipal  Code  of  1884. 

2659.  Sec.  31.  Thai  permission  and  authorit}  be,  and  the 
same  is  hereby  given  and  granted  unto  the  said   Minnesota, 

roix  &  Wisconsin  Railroad  Company,  and  its  successors, 


10  I  I 

and  assigns,  to  la\  down,  maintain  and  operate  one  or  more 
track-  of  its  said  railway,  over  and  across  East  Sixth  street, 
near  East  street;  over  and  across  east  Fifth  street;  over  and 
across  the  alley  in  block  sixteen  (16)  of  Branson's  addition 
lid  city,  and  the  right  to  use  and  occupy  so  much  of  East 
street  as  lies  south  of  Seventh  street,  and  north  of  Fifth  street, 
as  may  be  necessary  for  the  operation  of  said  road. 
(Ordinance  approved  Aug.  19,  1884,  §  1.) 

2660.  Sec.  32.  The  foregoing  franchise  and  right  of  way 
is  granted  upon  the  express  condition  following,  to-wit: 

2661.  First— That  the  said  Minnesota,  St.  Croix  &  Wiscon- 
sin Railroad  Company  will  at  any  time,  whenever  ordered  by 
the  common  council  of  the  City  of  St.  Paul,  construct  over  its 
track  a  bridge  on  Fifth,  Sixth  and  East  streets,  of  such  kind 
and  material  as  the  common  council  may  order. 

2662.  Second— That  the  City  of  St.  Paul  shall  have  the 
right,  at  any  time,  to  enter  upon  that  part  of  said  Fifth,  Sixth 
and  East  streets,  that  may  be  covered  by  the  tracks  of  the 
said  Minnesota,  St.  Croix  &  Wisconsin  Railroad  Company, 
for  the  purpose  of  constructing  and  repairing  sewers ;  and  for 
that  purpose,  if  necessary  during  the  progress  of  said  work, 
the  said  company  shall  remove  its  tracks. 

(Id.  §2.) 

2663.  Sec.  33.  This  ordinance  shall  take  effect  and  be  in 
Ft  'ice  from  and  after  the  filing  in  the  office  of  the  city  clerk  of 
a  written  acceptance  thereof  by  said  company,  signed  by  its 
president,  under  its  corporate  seal,  provided  such  acceptance 
be  filed  within  twenty  (20)  days  from  the  date  of  the  passage 
of  this  ordinance. 

(Id.  §  3.) 


1045 

MINNESOTA  TRANSFER  COMPANY. 

Ordinance  No.  1878. 

i  Approved  June    1.  1896.) 

2664.  An    Ordinance     granting     the     Minnesota    Transfer 

Company  permission  to  lay  a  side  track  across 
Cleveland  avenue  and  along  Wabash  avenue. 

The  Common  Council  of  the  City  of  St.    Paul  do  ordain  as 

follows : 

Sec.  1.  That  permission  is  hereby  granted  to  the  .Minne- 
sota Transfer  Company  to  lay  a  side  track  across  Cleveland 
avenue,  at  its  intersection  with  Wabash  avenue,  and  to  run 
on  the  north  side  of  said  Wabash  avenue  and  about  twenty 
feet  from  the  north  line  of  and  parallel  to  same  on  said  Wa- 
bash avenue  to  its  intersection  with  Montgomery  street;  the 
same  to  be  laid  in  accordance  with  a  profile  accompanying  the 
petition  of  said  grantee. 

2665.  Sec.  '..  'Idle  Common  Council  reserves  the  right  to 
repeal  this  ordinance  and  require  the  removal  of  the  track 
laid  pursuant  to  its  terms  at  any  time  after  the  expiration  of 
three  years  after  the  passage  and  publication  of  this  ordinance. 

Sec.  '■>.  This  ordinance  shall  take  effect  and  he  in  Force 
From  and  after  its  passage  and  publication. 

Ordinance  No.  2101. 
i  Approved  March   L9,  L900.) 

2666.  An    Ordinance   authorizing   the   construction   by    the 

Minnesota  Transfer  Railway  Company  of  a  rail- 
road crossing  on  Cleveland  avenue,  near  its  inter- 
section with  Wabash  avenue,  and  of  a  single  line 
of  track  on  certain  private  property  abutting 
thereon. 

Ihi-  Common  Council  of  the  City  of   St.   Paul  do  ordain  as 

f<  ill*  iws  : 

Sec.   I.     That  the  Minnesota  Transfer  Railwa)   C pany 

he,  and  it  i-  hereb)  authorized  and  empowered  to  construcl  a 
single  line  of  railway  trail.  .,  md  avenue,  and  with 


L046 

the  consent  of  the  owner  thereof,  Eor  a  distance  of  >">1  feet  over 
and  upon  lot  No.  L40  of  Hewitt's  Out  Pots  Division  No.  Land 
addition  to  the  City  of  St.  Paul;  the  crossing  at  said  Cleve- 
land avenue  to  be  made  at  a  point  near  the  intersection  of 
Cleveland  avenue  with  Wabash  avenue,  and  to  conform  to 
the  street  grade  as  now  or  hereafter  established,  and  to  main- 
tain such  track  across"  Cleveland  avenue  until  ordered  by  the 
Common  Council  to  remove  the  same;  the  work  of  construc- 
tion hereby  authorized  to  be  done  to  be  subject  to  the  super- 
vision and  control  of  the  City  Engineer. 

2667.  Sec.  2.  The  said  [Minnesota  Transfer  Railway  Com- 
pany, the  grantee  herein,  as  one  of  the  conditions  of  the  per- 
mission herein  and  hereby  granted,  promises  and  agrees  to 
forever  protect  and  save  harmless  the  City  of  St.  Paul  from 
any  liability  or  damage  occasioned  by  or  resulting  from  the 
said  work  of  construction,  or  the  laying  and  maintenance  of 
said  single  track,  whatever  the  nature  of  such  injury  or  dam- 
age, and  whether  to  person  or  to  property. 

2668.  Sec.  3.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage,  approval  and  publication, 
and  its  acceptance  by  said  Minnesota  Transfer  Railway  Com- 
pany certified  in  writing  and  filed  with  the  City  Clerk. 

Ordinance  No.  2161. 
(Approved  January  4,  1901.) 

2669.  An    Ordinance    authorizing     the     construction     and 

maintenance  of  a  railway  spur  track  on  Wabash 
avenue. 

The   Common   Council  of  the   City  of  St.   Paul  do  ordain  as 

follows  : 

Sec.  1.  Authority  and  permission  is  hereby  granted  to 
the  Minnesota  Transfer  Railway  Company  to  erect  and  main- 
tain a  railway  spur  track  on  and  along  Wabash  avenue,  from 
its  intersection  with  Cleveland  avenue  to  the  easterly  line  of 
Hampden  avenue,  and  to  operate  freight  cars  thereon  for  the 
purposes  of  receiving  and  discharging  merchandise ;  and 
thereby  aiding  and  serving  the  convenience  of  those  engaged 


lot; 

in  and  desiring  to  engage  in  manufacturing  enterprises  along 
the  line  of  said  avenue. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

Ordinance  No.  2288. 
i  Approved  May  29,  1902.  I 

2670.  An  Ordinance  supplemental  to  Ordinance  No.  2161, 

approved  January  4,  1901,  authorizing  the  con- 
struction and  maintenance  of  a  railway  spur  track 
on  Wabash  avenue. 

The  Common  Council  of  the  City  of  St.    Paul  do  ordain  as 

follows : 

Sec  1.  Authority  and  permission  is  hereby  granted  to 
the  Minnesota  Transfer  Railway  Company,  in  addition  to  the 
rights  granted  under  and  pursuant  to  the  terms  of  said  (  )rdi- 
nance  Xo.  2161,  to  erect  and  maintain  a  railway  spur  track 
on  and  along  Wabash  avenue,  from  a  point  near  the  north- 
easterly corner  of  lot  139,  of  Hewitt's  (hit  L<»ts.  Division  No. 
I,  to  the  intersection  of  Wabash  avenue  and  Cleveland  avenue, 
and  to  operate  freight  cars  thereon  for  the  purpose  of  receiv- 
ing and  discharging  merchandise;  and  thereby  aiding  and 
serving  the  convenience  of  those  engaged  in  and  desiring  to 
engage  in  manufacturing  enterprises  along  the  lint'  of  said 
avenue. 

2.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

Ordinance  No.  2353. 
i  Approved  February  20,  L903.  | 

2671.  An     Ordinance     authorizing     the    construction     and 

maintenance  of  a  railway  spur  track  on  Myrtle 
avenue. 

The  Common  Council  of  the  City  of  St.    Paul  do  ordain  as 

folli  iws : 

Sec.  1.  Authority  and  permission  is  herb)  granted  to 
tin    Minnesota   Transfer  Company   to  ereel   and   maintain   a 


10  IS 

railwaj  spur  track  on  and  along  Myrtle  avenue,  from  its  in- 
tersection with  the  cast  line  of  Cleveland  avenue,  to  the  east- 
line  of  Raymond  avenue,  and  to  operate  freight  cars 
thereon  for  the  purpose  of  receiving  and  discharging  mer- 
chandise, and  thereby  aiding  and  serving  the  convenience  of 
those  engaged  in  and  desiring  to  engage  in  manufacturing  and 
warehouse  enterprises  along  the  line  of  said  avenue. 

2672.  Sec.  2.  This  ordinance  is  granted  subject  to  the 
right  of  the  Chicago,  Milwaukee  &  St.  Paul  Railway  Com- 
pany to  cross  the  spur-track  provided  for,  at  the  intersection 
of  Hampden  avenue  with  Myrtle  avenue,  and  may  be  revoked 
whenever  in  the  judgment  of  the  Common  Council  the  public 
interest  shall  so  require. 

2673.  Sec.  3.  The  spur-track  herein  provided  for  shall  be 
constructed  under  the  supervision  and  direction  of  the  Com- 
missioner of  Public  Works. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

Ordinance  No.  2450. 

(Approved  June  11,  1904.) 

2674.  An     Ordinance     authorizing    the    construction    and 

maintenance  of  a  railway  spur  track  on  Wabash 
avenue,  by  the  Minnesota  Transfer  Railway  Com- 
pany. 

The   Common   Council  of  the   City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  authority  and  permission  are  hereby  given 
to  the  Minnesota  Transfer  Railway  Company  to  erect  and 
maintain  a  railway  spur  track  on  and  along  Wabash  avenue 
from  the  easterly  line  of  Hampden  avenue  to  the  easterly  line 
of  Raymond  avenue,  and  to  operate  freight  cars  thereon  for 
the  purpose  of  receiving  and  discharging  merchandise.  This 
permission,  however,  is  granted  upon  and  expressly  subject  to 
the  following  conditions,  viz: 

2675.  1.  That  said  Minnesota  Transfer  Railway  Com- 
pany shall  save  the  City  of  St.  Paul  harmless  from  all  dam- 


.      1049 

ages,  claims,  costs,  judgments  and  expenses  whatsoever,  in 
any  way  arising  out  of  the  construction,  maintenance,  opera- 
tion or  removal  of  said  tracks. 

2676.  2.  That  the  said  tracks  shall  be  taken  up  and  re- 
moved from  said  street  and  the  street  restored  to  its  original 
condition  whenever  the  Common  Council  shall  so  order. 

Sec.  2.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

Ordinance  No.  2491. 
(Approved  Jan.  21,  1905.) 

2677.  An  Ordinance     authorizing     the     construction     and 

maintenance  of  two  additional  railway  spur  tracks 
on  Myrtle  avenue. 

The   (.'win moii   Council  of  the   City   of  St.   Paid   do  ordain   as 

follows: 

Sec.  1.  That  whereas,  in  and  by  Ordinance  No.  2353,  ap- 
proved February  20,  1903,  the  Minnesota  Transfer  Railway 
Company  was  granted  authority  and  permission  to  erect  and 
maintain  a  railway  spur  track  on  and  along  Myrtle  avenue 
from  its  intersection  with  the.  east  line  of  Cleveland  avenue 
to  the  easterly  line  of  Raymond  avenue,  and  to  operate 
cars  thereon  for  the  purpose  of  receiving  and  discharging 
merchandise;  and  whereas,  '-aid  Minnesota  Transfer  Kail- 
way  Companj  ha-  creeled  and  i->  now  maintaining  a  single 
spur  track  along  the  center  line  of  -aid  .Myrtle  avenue, 
between  Cleveland  avenue  and  Raymond  avenue,  under  and 
by  virtue  of  said  ordinance;  now,  therefore,  authority 
and  permission  are  hereby  -ranted  to  -aid  Minnesota  Trans 
Fer  Railway  Company  to  ereel  and  maintain  two  additional 
spur  tracks  on  and  along  -aid  Myrtle  avenue,  from  its  inter 
section  with  the  easl  line  of  Cleveland  avenue  to  tin-  easterl} 

line  of  Raymond  avenue,  said  spur  tracks  to  he  erected  and 
maintained    one    upon    the    north    side   and    llie   Other    upon    the 

south  side  of  tlie  presenl  spur  track  now  maintained  by  said 
Minnesota  Transfer  Railway  Company  under  and  by  virtue 
of  said  Ordinance  Mo  2353;  and  to  operate  freighl  cars  upon 
said  spur  tracks  for  the  purposi    of  receiving  ami  dischai 


1050 

merchandise  and  thereby  aiding  and  serving  the  convenience 
of  those  engaged  in  and  desiring  to  engage  in  manufacturing 
and  warehouse  enterprises  along  the  line  of  said  avenue. 

2678.  Sec.  2.  This  ordinance  is  granted  subject  to  the 
right  of  the  Chicago.  Milwaukee  &  St.  Paul  Railway  Company 
to  cross  the  spur  tracks  provided  for,  at  the  intersection  of 
Hampden  avenue  with  Myrtle  avenue,  and  may  be  revoked 
whenever,  in  the  judgment  of  the  Common  Council,  the  public 
interests  shall  so  require. 

2679.  Sec.  •">.  The  spur  tracks  herein  provided  for  shall  he 
constructed  under  the  supervision  and  direction  of  the  Com- 
missioner of  Public  Works. 

Sec.  -A.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 


Ordinance  No.  2540. 
(Approved  November  9,  1905.) 

2680.  An     Ordinance     authorizing    the    construction    and 

maintenance  of  a  railway  spur  track  across  Prior 
avenue  to  lots  15  and  16,  in  Merriam's  Outlots,  by 
the  Minnesota  Transfer  Railway  Company. 

The   Common   Council  of  the  City  of   St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  authority  and  permission  are  hereby  given 
to  the  Minnesota  Transfer  Railway  Company  to  construct  and 
maintain  a  railway  spur  track  across  Prior  avenue  to  and  upon 

15  and  16  in  Merriam's  Outlots,  in  the  City  of  St.  Paul, 
Minnesota,  and  to  operate  freight  cars  thereon  for  the  purpose 
of  receiving  and  discharging  merchandise.  This  permission, 
however,  is  granted  upon,  and  expressly  subject  to,  the  follow- 
ing conditions,  viz  : 

2681.  First — That  said  Minnesota  Transfer  Railway  Com- 
pany shall  save  the  City  of  St.  Paul  harmless  and  indemnify 

gainst  all  damages,  claims,  costs,  judgments  and  expenses 
whatsoever,  in  any  way  arising  out  of  the  construction,  main- 
tenance, operation  or  removal  of  said  tracks. 


L05] 

2682.  Second — That  the  said  tracks  shall  be  taken  up  and 
removed  from  said  street  and  the  street  restored  to  its  original 
condition  at  the  cost  and  expense  of  said  railway  company 
whenever  the  Common  Council  shall  so  order. 

Sec.  2.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

THE  MINNESOTA  VALLEY    RAILROAD    COMPANY. 
From  Article  LVIII.,  Municipal  Code  of  1884. 

2683.  Sec.  1.  The  Minnesota  Valley  Railroad  Company  is 
hereby  authorized  and  empowered  to  locate  and  const  nun  its 
railroad  into  and  through  the  City  of  St.  Paul,  with  such  num- 
ber of  tracks,  switches,  turnouts,  and  side  tracks,  as  may  be 
necessary  for  the  business  of  said  company,  over,  upon  or 
through  any  of  the  streets  or  alleys,  or  upon  the  public  levee 
ai  any  point  between  the  margin  of  the  Mississippi  river  and 
the  first  bench  of  bluffs,  and  to  operate  and  use  such  tracks 
with  locomotives  and  cars;  except  and  provided,  that  the  same 
shall  not  be  located  or  constructed  upon  the  public  levee  above 
or  we>t  of  St.  Peter  street,  or  any  street  north  of  the  public 
levee,  between  Jackson  and  Wacouta  streets,  nor  upon  or 
north  of  Third  street,  between  Wacouta  street  and  Dayton's 
Bluff;  and  provided  further,  that  only  a  single  track  shall  be 
located  or  constructed  upon  the  public  levee,  or  between  Sib- 

li  \  and  Wacouta  streets,  with  snch  tracks,  switches,  and  turn- 
outs as  may  be  necessary  to  run  cars  to  and  from  the  transfer 
warehouse  mentioned  in  section  two  (2),  or  to  any  depot  or 
propert)  of  said  company  wesl  of  Jackson  street,  and  south  of 
the  first  bluff,  but  said  track  shall  be  single  from  the  wesl  line 

of    lack's!  ,n    tO   Sible)     Si  reel  . 

(Ordinance  approved  March  16,  L868,  $  I.) 

2684.  2.  Said  Minnesota  Valley  Railroad  Company 
are  hereby  authorized  to  erect,  use.  and  maintain,  on  the  pub 
li<  levee  on  the  margin  of  the  river,  at  such  poinl  as  they  may 
select,  between  Roberl  and  Wabasha  tran  fer  or 
freighl  house  suitably  constructed  for  landing  b  fainsl 
the  same,  or  againsl  platforms  or  fender  posts,  which  ma\  be 
used  as  a  general  transfer  and  storage  warehouse,  with  side 


1052 

tracks  to  and  from  the  same  as  above  provided;  provided. 
however,  that  all  boats  landing  in  said  warehouse  shall  be 
subject  to  the  payment  of  wharfage  to  said  city,  in  all  respects 
as  if  landing  at  the  public  levee  ;  and  provided  further,  that  the 
erection  of  said  warehouse,  and  the  filling  or  excavation  there- 
tor,  or  the  location  and  construction  of  said  track  between 
Wabasha  and  Sibley  streets,  shall  not  operate  so  as  to  un- 
necessarily obstruct  the  free  use  of  the  public  levee  .between 
said  street-  or  to  impair  or  unnecessarily  obstruct  the  naviga- 
tion of  the  river,  or  to  endanger  or  injure  the  piers  or  super- 
structure of  the  St.  Paul  bridge. 

(Id.  §2.) 

2685.  Sec.  •'!.  Before  the  said  company  shall  construct  the 
said  warehouse,  or  any  of  said  tracks  between  Wabasha  and 
Sibley  streets,  on  said  levee,  they  shall  prepare  and  file  in  the 
office  of  the  city  clerk  a  profile  of  the  said  ground  containing 
the  locality  and  dimensions  of  said  proposed  warehouse,  and 
the  proposed  location  of  all  tracks,  switches,  and  turnouts  be- 
tween said  points,  and  the  estimate  of  the  quantity  and  char- 
acter of  all  filling  and  excavation  proposed  to  be  made  bv  said 
company,  which  may  be  adopted  or  amended  by  the  common 
council :  and.  when  adopted,  the  said  profile,  location,  and  es- 
timate shall  remain  on  file  and  shall  not  be  substantially 
changed  or  altered  by  said  company,  without  the  consent  of 
said  common  council. 

fid.  §3.) 

2686.  See.  1.  Said  City  may  at  any  time  hereafter,  by 
ordinance,  allow  and  permit  any  other  railroad  company  or 
companies,   terminating  in   or   running   through   said   city,    to 

-  tlie  public  levee  at  any  point  between  Wabasha  and 
Sibley  streets,  and  to  operate  and  run  upon  and  use  the  main 
track  of  said  Minnesota  Valley  Railroad  Company  hereby  au- 
thorized to  be  located,  for  the  transportation  of  locomotives 
and  cars  thereon,  under  reasonable  and  usual  regulations  gov- 
erning railway  corporations  in  joint  or  partnership  use  of 
tracks:  such  company  or  companies  .to  contribute  and  pay 
their  suitable  share  of  the  cost  and  value  of  such  common 
track,  and  the  repairs,  expenses,  and  other  charges  in  using 


1053 

and  maintaining  the  same,  and  snbject  to  all  the  conditions 
and  provisions  in  this  ordinance. 

(Id.  §4.) 

2687.  Sec.  5.  The  franchise  and  right  of  way  is  granted  to 
and  accepted  by  said  Minnesota  Valley  Railroad  Company 
upon  the  express  conditions  following,  that  is  to  say: 

First — That,  as  a  condition  precedent  to  the  construction 
of  said  track  upon  said  public  levee,  said  company,  or  other 
railroad  corporation  co-operating  therewith,  shall  complete  a 
railroad  bridge  over  the  Mississippi  river  opposite  to  or  above 
the  point  where  the  east  line  of  Kinney,  Bond  &  Trader's  ad- 
dition to  St.  Paul  touches  the  Mississippi  river,  and  have  the 
same  ready  for  the  crossing  of  the  cars,  etc.,  within  three  i  ;>> » 
years  from  the  date  of  the  publication  of  this  ordinance  ;  and 
the  passage  of  this  ordinance  shall  not  stop  the  said  city  from 
granting  similar  privileges  to  any  other  railway  company 
which  shall  bridge  the  river  at  or  near  St.  Paul  within  said 
three  (3)  years. 

2688.  Second — The  said  track  shall  be  located  upon  the 
grades  established  or  to  be  established  for  the  streets,  alleys, 
and  public  levee,  by  authority  of  said  city  (except  where  the 
railway  grade  approaching  said  bridge  shall  make  the  same 
impracticable),  the  said  city  reserving  the  righl  to  establish 
such  grades,  or  to  make  reasonable  alterations  of  grades  here 
tofore  or  hereafter  established  ;  also,  to  enter  upon  and  to  lake 
possession  of  said  streets,  alleys  and  public  levee  t'1""  the  pur 
pose  of  grading,  paving,  curbing,  or  otherwise  improving  the 
same,  or  ordering  the  same  to  be  improved,  at  the  expen 

the  property  fronting  thereon;  also,  to  authorize  any  gas  or 
water  company  to  make  such  excavations  thereon  as  may  be 
necessary  to  furnish  the  same  with  gas  or  water. 

2689.  Third  Said  railroad  company,  shall  so  locate  and 
construct  their  tracks,  switches,  and  improvements,  and  the 
said  warehouse,  as  to  afford  convenienl  and  easy  crossings  or 
carriageways  over  and  under  the  same  at  all  street  and  alley 
crossings,  where  required  for  public  convenience  and  trade; 
and  upon  the  public  levee  the)  shall  be  so  constructed  as  to 
bring  the  ties  and  lay  the  rail  as  even  with  the  surface  of  the 


1054 

ltvee  as  may  be.  Said  company  shall  construct  and  keep  in 
repair  all  such  crossings  and  all  necessary  culverts,  bridges, 
dams,  drains,  and  sewers  to  protect  the  levee,  streets,  and 
private  property,  and  particularly  the  St.  Paul  bridge,  from 
all  damage  1>\  reason  of  said  tracks  and  the  privileges  hereby 
[  ranted. 

2690.  Fourth — The  speed  of  all  locomotive  trains  or  cars 
running  upon  or  over  any  graded  street,  or  the  public  levee  of 
said  city,  shall  not  exceed  the  rate  of  four  (4)  miles  per  hour, 
and  while  in  motion  the  bell  or  whistle  of  such  locomotive 
shall  be  regularly  sounded  to  warn  persons  of  danger. 
Provided,  that  said  city  reserves  the  right  to  diminish  the  rate 
of  speed  above  prescribed,  on  the  public  levee,  or  upon  any 
particular  street,  from  time  to  time,  as  the  public  interest  may 
demand,  by  resolution  of  the  council. 

2691.  Fifth — That  the  said  common  council  may,  at.  any 
Time,  provide  by  resolution,  that  the  companies  using  said 
tracks  shall  keep  and  employ  at  their  own  expense  such  num- 
ber of  flagmen,  and  at  such  particular  street  or  crossings,  or 
point?  on  said  levee,  while  locomotives  or  trains  are  passing, 
i  >r  about  to  pass  over  the  same,  as  the  public  safety  or  con- 
venience may  demand. 

2692.  Sixth — Said  company,  and  all  companies  using  said 
tracks,  shall  keep  the  streets  as  free  as  possible  from  freights, 
trains,  or  cars,  and  no  train,  locomotive  or  car  shall  be  allowed 
or  permitted  to  unreasonably  interfere  with  the  convenient 
operation  of  steamboats,  railroad  freights  or  passenger  traffic, 
on  the  public  levee,  and  said  company,  and  its  officers,  agents, 
and  employes,  shall  be  subject  to  all  police  regulations  under 

ordinance,  and  the  laws  and  ordinances  of  said  city;  pro- 
vided, also,  that  the  tracks  of  said  company  shall  not  be  ob- 
structed by  the  deposit  of  goods,  or  by  standing  teams,  or 
other  obstructions  upon  the  same. 

2693.  Seventh — Any  railway  company  operating  said 
tracks  under  this  ordinance,  expressly  assumes  the  responsi- 
bility of  all  damages  to  life,  limb  or  property,  resulting  from 
the  failure  or  neglect  to  comply  with  this  ordinance,  and  any 


1055 

resolution   passed    and    approved    thereunder    as    hereinbefore 
provided. 

(Id.  §5.) 

NORTHERN  PACIFIC  RAILROAD  COMPANY. 

From  Article  LVIIL,  Municipal  Code  of  1884. 

2694.  Sec.  2<>.  The  Northern  Pacific  Railroad  Company  is 
hereby  authorized,  licensed,  and  permitted  to  enter  upon,  im- 
prove for  railroad,  warehouse,  depot,  and  other  purposes  con- 
nected with  its  business  as  a  common  carrier,  all  the  streets, 
alleys,  lots,  and  property  now  owned  or  occupied,  or  which 
may  hereafter  be  owned  or  occupied,  or  in  which  the  Cit)  oi 
St.  Paul  now  has,  or  may  hereafter  acquire,  any  right,  title, 
or  interest,  situated,  lying  and  being  within  the  following 
limits,  and  bounded  as  follows,  viz. :  Commencing  at  a  point 
in  the  center  of  Pine  street,  in  Kittson's  addition  to  St.  Paul, 
where  the  south  line  of  Fourth  street  intersects  the  same; 
thence  southerly  along  the  center  of  Pine  street  to  a  point 
where  a  line  drawn  through  the  center  of  Prince  street  inter- 
sects the  same;  thence  eastwardly  along  the  center  of  Prince 
street  to  the  west  line  of  the  right  of  way  of  the  St.  Paul.  Min- 
neapolis &  Manitoba  Railroad  Compan)  :  thence  north  by  the 
I  line  of  the  right  of  way  of  the  St.  Paul,  Minneapolis  & 
Manitoba  Railroad  Company  from  the  center  of  Prince  street 
to  a  point  where  said  line  intersects  the  southerl)  line  of 
Seventh  street;  thence  along  the  southerly' line  of  Seventh 
streel  to  the  center  of  Brook  street;  thence  southerl)  along 
the  center  of  Brook  streel  to  the  northerl)  line  of  Easl  Fourth 
street;  thence  southwestern  diagonally  across  Easl  Fourth 
streel  to  the  southerly  line  of  Easl  Fourth  streel  at  the  point 
where  said  line  intersects  the  westerl)  line  of  Kittson  street; 
thence  along  the  southerly  line  of  Easl  Fourth  streel  to  the 
said  center  line  of  Pine  streel  and  place  of  beginning  all  in 
the  City  of  St.  Paul,  Count)  of  Ramsey,  and  State  of  Minne- 
sota. And  said  Northern  Pacific  Railway  Company  is  hereb) 
authorized,  licensed,  and  permitted  to  construd  railroad  bed, 
tracks  and  side  tracks  over  and  across  an)  of  the  streets,  alleys, 
and  lamp  of  said  city,  within  the  boundaries  aforesaid,  and  to 
ever]    and   construe!    thereon   machine   shops,   engine   houses, 


1056 

freight  and  passenger  depots,  and  any  other  structure  or  works 
necessary  to  enable  it  to  carry  on  with  greater  facility  its  busi- 
as  common  carrier;  and  the  license  and  rights  hereby 
granted  are  granted  in  perpetuity,  for  the  purposes  above  men- 
tioned and  specified,  but  for  no  other  purposes,  subject  only 
t  the  rights  reserved  to  the  City  of  St.  Paul  and  the  public,' 
specified  in  the  next  section. 

((  Ordinance  approved  Oct.  28,  18<9,  §  1.) 

2695.  Sec.  21.  It  is  hereby  further  ordained,  that  the 
mayor  and  city  clerk  shall,  without  unnecessary  delay,  after 
the  approval  of  this  ordinance  by  the  mayor,  convey,  by  good 
and  sufficient  deed  or  deeds,  under  the  corporate  seal  of  said 
City  of  St.  Paul,  with  covenants  of  seizin  and  quiet  enjoy- 
ment, to  the  Northern  Pacific  Railroad  Company,  for  the  use 
and  purposes  specified  in  the  foregoing  section,  all  easements, 
lots  and  lands  of  every  description  owned,  or  which  may  be 
acquired  by  said  city,  within  the  boundaries  mentioned  and 
specified  in  the  foregoing  section ;  provided,  that  there  be,  and 
hereby  is,  reserved  to  the  City  of  St.  Paul,  the  right  to  enter 
upon  all  the  streets  and  alleys  hereby  conveyed  or  authorized 
to  be  conveyed,  for  the  sole  purpose  of  constructing  sewers,  or 
extending  under  the  surface  such  works  of  public  improve- 
ments as  from  time  to  time  shall  be  found  necessary  by  the 
common  council  of  said  city;  such  improvements  to  be  made, 
however,  in  such  manner  as  will  occasion  the  least  inconven- 
ience to  said  Northern  Pacific  Railroad  Company ;  and  also 
reserving  to  said  City  of  St.  Paul  and  the  public  the  right  to 
use,  in  common  with  the  Northern  Pacific  Railroad  Company, 
so  much  of  Fourth  street  as  is  included  in  the  boundaries  and 
description  aforesaid. 

(Id.  §2.) 

2696.  Sec.  22.  The  Northern  Pacific  Railroad  Company 
and  its  successors  and  assigns,  is  hereby  permitted,  author- 
ized, and  licensed,  to  enter  upon,  occupy,  improve,  possess, 
and  enjoy,  for  railroad  purposes  in  perpetuity,  the  following 
strip,  tract,  and  parcel  of  land,  situate,  lying  and  being  in 
Kittson's  addition  to  St.  Paul,  in  Ramsey  County,  Minne- 
sota, and  described  as  follows,  viz:     Commencing  at  a  point 


1057 

on  the  easterly  line  of  lot  eight  (8),  of  Block  fifty-two  (52), 
of  said  Kittson's  addition  to  St.  Paul,  according  to  the  record- 
ed plat  thereof  on  file  in  the  office  of  the  register,  of  deeds  of 
Ramsey  county,  one  hundred  (100)  feet  southerly  from  the 
northeasterly  corner  of  said  lot  eight  (8)  thence  eastwardly 
thirty-three  (33)  feet  to  the  center  line  of  Brook  street,  ac- 
cording to  said  recorded  plat ;  thence  southerly  along  said 
center  line  of  Brook  street  and  parallel  to  said  eastern  line 
of  said  lot  eight  (8)  to  the  northerly  line  of  East  Fourth 
street  thence  westwardly  along  said  northerly  line  of  East 
Fourth  street  forty-eight  (48)  feet;  thence  by  a  right  line  in  a 
northeastwardly  direction  to  a  point  on  the  line  dividing  said 
lot  eight  (8)  from  Brook  street  at  a  point  fifteen  (15)  feet 
northerly  from  the  southeasterly  corner  of  said  lot  eight  (8)  ; 
thence  northerly  along  the  line  dividing  said  lot  eight  (8)  and 
said  Brook  street  according  to  said  recorded  plat  to  the  place 
of  beginning;  it  being  the  purpose  and  intent  of  this  ordinance 
to  grant  and  vest  in  the  said  Northern  Pacific  Railroad  Com- 
pany the  same  rights,  estate,  and  premises,  included  in  the 
above  description,  conveyed  to  the  City  of  St.  Paul  by  William 
Lindeke,  by  his  deed  and  conveyance  of  date  the  twent) 
seventh  day  of  June,  A.  D.  1870,  recorded  in  the  office  of  the 
register  of  deeds  of  Ramsey  county,  in  book  "FT"  of  Miscel- 
laneous Records,  on  pages  three  (3),  four  (1).  and  five  (5), 
and  iK)  other  or  different  lands  or  rights. 

(Ordinance  approved  Dee.  V.  1879,  §  1.) 

2697.        Sec.  23.     Thai  the  mayor  of  the  City  of  St.  Paul  and 
the   city   clerk   are  herein    authorized   and   directed   to   make, 
execute,  and  seal,  acknowledge  and  deliver  to  the   Northern 
Pacific    Railroad   Company   a   deed   of   the   lands,   rights   and 
property  in  the  foregoing  section  described,  without  unm 
sary  delay  and  after  tin-  passage  of  this  ordinance  the  city 
comptroller  is  authorized   to   countersign   the   same,  as   pro 
vided  by  the  city  charter,  ami  carh   deed,  so  executed   and 
delivered,  -hall   be  effectual   to  pass   to    tin-    said    Northern 
Pacific  Railroad  Compan)  all  the  rights,  lands,  and  privil 
of   everj    description    included    in    the    foregoing    boundaries, 
conveyed    to   the   City  of   St.    Paul    by    William    Lindeke   by 
his  deed  or  conveyance  of  date  the   twenty-seventh   day   of 


1058 

fune,  A.  D.  1879,  and  recorded  in  book^H"  of  Miscellaneous 
Records,  in  the  office  of  the  register  of  deeds  of  Ramsey 
county,  and  the  reservations  made  in  said  dc^d  by  William 
Lindeke,  pertaining  to  the  flow  of  water,  shall  be  made  in 
the  deal  hereby  authorized,  and  the  right  of  the  City 
of  St.  Paul  to  construct  sewers  under  any  portion  of  the  land 
herein  described,  shall  also  be  reserved  to  the  City  of  St.  Paul 
ir  said  deed. 

(Id.  §2.) 


Ordinance  No.  1966. 

i  Approved  January  21,  1898.) 

2698.  An  Ordinance  granting  the  Northern  Pacific  Rail- 
way company  the  right  to  construct  and  maintain 
tracks  and  operate  trains  thereover  from  a  point 
at  the  southeasterly  corner  of  Block  36,  Kittson's 
Addition  to  St.  Paul,  westerly  on  a  curve  across 
Sixth  street  and  across  Block  37,  and  Kittson 
street  to  the  alley  in  Block  38;  thence  westerly 
through  said  alley  through  Blocks  38,  39,  40,  41, 
42,  43  and  44,  and  across  the  streets  intervening 
between  said  blocks  to  the  easterly  line  of  Broad- 
way street. 

The   Common   Council   of   the   City  of  St.   Pan!   do  ordain   as 
follows  : 

Sec.  1.     The  Northern  Pacific  Railway  Company,  its  suc- 

5£  irs  and  assigns,  are  hereby  authorized  and  permitted  to 

construct,    maintain    and    operate    a   railroad    track,    with    the 

necessary    side   tracks   and    switches   through    that   portion   of 

the  City  of  St.  Paid  described  as  follows,  to-wit : 

Commencing  at  a  point  on  the  right  of  way  boundary  of 
the  Northern  Pacific  Railway  Company  at  the  southeasterly 
corner  of  Block  36,  of  Kittson's  Addition  to  the  City  of  St. 
Paul,  running  thence  across  Sixth  street  on  a  curve  westerly 
through  Block  37,  of  said  Addition,  and  across  Kittson  street 
to  the  alley  in  Block  38,  and  said  addition,  thence  westerly 
through   the   alley  in   and   across  the   streets  intervening:  be- 


1059 

tween  Blocks  38,  39,  40,  41.  42,  43  and  11.  to  the  easterly  line 
of  Broadway. 

2699.  Sec.  2.  Said  company  is  authorized  to  operate  over 
said  tracks  its  own  cars  and  engines  and  to  switch  the  cars 
of  other  companies  thereover  on  such  terms  as  it  may  agree 
upon  with  the  companies  operating  or  owning  the  same. 

2700.  Sec.  :5.  Said  company  its  successors  and  assigns, 
are  authorized  to  grade  said  alley  to  a  proper  and  convenient 
grade  for  the  purpose  herein  provided. 

2701.  Sec.  4.  Said  company  shall,  in  consideration  of  this 
grant,  protect  and  save  harmless  the  City  of  St.  Paul  from 
loss  and  damage  of  every  kind  and  description  arising  from 
any  action  or  actions  which  may  he  brought  against  said  City 
of  Saint  Paul  on  account  of  the  transactions  of  said  Railway 
Company,  its  successors  or  assigns,  in  or  about  the  construc- 
tion or  operation  of  said  track;  provided,  that  if  any  such 
action  he  brought  due  notice  thereof,  in  writing,  shall  he  given 
to  the  grantees  herein,  and  opportunity  shall  he  afforded  them 
to  appear  and  defend  said  cause. 

2702.  Set-.  5.  Said  track  or  tracks  so  constructed  shall 
not  he  used  for  the  storage  of  empt)  cars,  nor  shall  empty 
or  loaded  cars  he  left  to  stand  thereon  longer  than  may  he 
reasonably  necessary  for  their  landing  and  unloading  and  the 
transaction  of  the  business  of  the  shippers  and  receivers  along 
said  line. 

2703.  Sec.  6.  The  spur  track  above  mentioned  shall  he 
constructed  and  in  operation  ;i-  far  westerly  as  the  easterl) 
side  of  Broadway  street  on  or  before  the  firsl  da)  of  June,  \. 
I ).  1898,  hut  the  necessar)  sidetracks  and  switches  for  the 
transaction  of  the  business  along  the  line  herein  described  ma) 
he  added   from  time  to  time  as  the  necessit)    of  the  bush 

of  tin-  shippers,  receivers  ami  grantees  herein  along  the  same 
ma)   require,  and  ih.  antee  hereb)  agrees  i"  put  in  the 

ssar)  switches  along  the  side  of  said  spur  track  to  accom 
modate  the  business  of  the  propertyowners  along  such  track, 
and  the  spur  track  above  referred  to  shall  !>«■  what  is  known 
;.-  a  surface  track,  constructed  upon  the  surface  of  the  earth. 

] .     This  i  trdinance  shall  take  eff<  i  i  and  he  in 
from  and  after  its  pa  ind  publication,  and  the  filing  o\  a 


1060 

written  acceptance  thereof  with  the  City  Clerk  by  the  said 
Northern   Pacific   Railway  Company. 

NORTHERN   PACIFIC     RAILROAD    COMPANY    AND 

ST.  PAUL  &  NORTHERN  PACIFIC 

RAILROAD  COMPANY. 

Ordinance  No.  957. 

(Approved  June  5,  1888.) 

2704.  An  Ordinance  to  permit  and  regulate  the  construc- 

tion and  operation  of  railroad  tracks  along  the  al- 
ley in  block  forty-five  (45),  forty-six  (46),  forty- 
seven  (47),  forty-eight  (48),  forty-nine  (49),  fifty 
(50),  and  fifty-one  (51),  Kittson's  Addition  to  St. 
Paul. 

The  Common  Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  Permission  and  authority  is  hereby  given  to  the 
Northern  Pacific  Railroad  Company  and  the  St.  Paul  &  North- 
ern Pacific  Railroad  Company,  and  any  railroad  company 
using  the  tracks  of  said  Northern  Pacific  Railroad  Company 
and  said  St.  Paul  &  Northern  Pacific  Railroad  Company,  or 
either  of  them  to  construct,  maintain  and  operate  a  railroad 
track  or  tracks  down  and  over  the  alley  running  easterly  and 
westerly  through  blocks  forty-five  (45),  forty-six  (46),  forty - 
seven' (47),  forty-eight  (48),  forty-nine  (49),  fifty  (50)  and 
fifty-one  (51),  Kittson's  Addition  to  St.  Paul  from  the  tracks 
of  said  Northern  Pacific  Railroad  Company  east  of  said  block 
fifty-two  (52)  westerly  to  Broadway  street. 

2705.  Sec.  2.  The  road  or  roads  who  shall  build  and  oper- 
ate said  track  or  tracks  shall  receive  freight  cars  on  said  tracks 
from  any  and  all  railroad  companies,  and  shall  deliver  freight 
cars  from  said  tracks  to  any  and  all  railroad  companies  on 
equal  terms  and  for  a  consideration  not  exceeding  the  lowest 
prices  paid  for  like  service  in  any  part  of  the  State  of  Minne- 
sota, and  without  discrimination  as  to  the  parties  so  served. 

2706.  Sec.  3.  The  railroad  company  or  companies  con- 
structing and  operating  said  tracks  shall   first  so  grade  said 


1061 

alley  at  their  own  expense,  that  said  tracks  along"  same 
shall  cross  all  intersecting  streets  at  their  present  grade. 

2707.  Sec.  1.  Said  track  or  tracks  along  said  alley  shall 
not  he  used  for  storage  purposes  or  for  storing  cars,  and  all 
emptv  cars  shall  be  removed  therefrom  within  five  hours  after 
the  same  are  unloaded  ;  provided,  however,  that  no  car  shall 
stand  for  a  longer  period  than  five  (5)  minutes  on  streets 
crossing  the  line  of  said  railroad  tracks. 

2*08.  Sec.  5.  The  rights  and  privileges  hereby  given  are 
granted  upon  the  express  condition  that  a  track  shall  be  con- 
structed, completed  and  in  operation  within  twelve  (12) 
months  after  the  passage  of  this  ordinance. 
I  As  amended  by  Ordinance  1063,  approved  Nov.  20,  1888,  §  1.) 
Sec.  6.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

RESOLUTION  OF  COUNCIL. 

(Approved  October  26,  1903.) 

2709.  Whereas,  There  was  heretofore  presented  to  the 
Assembly,  one  of  the  branches  of  the  Common  Council  of  the 
City  of  St.  Paul,  Minnesota,  the  petition  of  the  Northern  Pa- 
i  ific  Railway  Compariy,  the  owner  of  all  the  land  and  property 
abutting  upon  and  adjoining  the  streets  and  alleys  hereinafter 
lamed,  praying  for  the  vacation  of  I. "rust  streel  between  the 
south  line  of  Sixth  streel  and  the  north  line  of  Fifth  street; 
\\  illin-  street,  between  the  90uth  line  of  Sixth  streel  and  the 
north  line  of  Fifth  street;  Will  street,  between  the  south  line 
of  Sixth   streel    and   the   north   line   of    Fifth   street;    Kittson 

Street,    between    the    SOUth    line    of    Sixth    street,    and    the    SOUtll 

line  of  Fifth  street:  also  the  alley  between    Fifth  street    and 

Sixth  Street,  from  John  street    to   Kittson  Street,  and   more  par 

ticularly  described  and  shown  upon  the  plal  annexed  to  said 
petition,  which  said  petition  is  duly  verified  as  required  by 
law  and  sets  forth  the  facts  and  rea  ons  for  such  vacation; 
and, 

2710.  Wherea  ,   The   said    Vssembhj    deemed   it    expedient 

that  the  niattei-  therein  referred  to  should  be  proceeded  with 
and  ordered  said  petition  and  accompanying  plal  to  be  filed  of 


1062 

record  in  the  office  of  the  City  Clerk  of  said  city,  and  ordered 
said  clerk  to  give  notice  by  publication  in  the  official  paper  of 
said  city,  in  the  manner  and  for  the  time  required  by  law, 
that  said  petition  and  the  subject  matter  thereof  would  be 
heard  and  considered  by  the  Committee  on  Streets  of  said  As- 
sembly, at  its  regular  meeting  to  be  held  on  the  14th  day  of 
September,  1903,  at  four  o'clock  p.  m.,  of  that  day  at  the  Coun- 
cil Chamber  in  the  Court  House  and  City  Hall  Building,  in 
said  city.  \<>  which  said  committee  said  matter  was  duly  re- 
ferred for  hearing  and  report  thereof,  and  thereupon  said  pe- 
tition and  plat  were  duly  filed  in  the  office  of  said  City  Clerk 
and  said  notice  was  duly  given  and  published  as  required  by 
law  :  and 

2711.  Whereas,  The  said  Committee  on  Streets  of  said 
Assembly,  did  meet  at  the  time  and  place  above  mentioned, 
[i  »r  the  hearing,  investigation  and  consideration  thereof,  and 
did  then  and  there  duly  investigate  and  consider  the  matter  of 
said  proposed  vacation,  and  did  then  and  there  hear  all  testi- 
mony and  evidence  adduced  on  the  part  of  the  petitioners  and 
all  other  persons  interested  in  the  matter  of  said  proposed  va- 
cation, and  did  take  proof  of  the  matters  averred  in  said  pe- 
tition, and  being  of  the  opinion  that  the  prayer  of  said  pe- 
tition should  be  granted  to  the  extent  and  upon  the  terms 
hereinafter  stated,  did  duly  report  its  conclusions  to  said  As- 
sembly, recommending. the  adoption  of  an  appropriate  resolu- 
tion, declaring  said  vacation  ;  now  therefore,  it  is  hereby 

2712.  Resolved,  By  the  Common  Council  of  the  City  of  St. 
Paul,  that  Locust  street  between  the  south  line  of  Sixth  street 
and  the  north  line  of  Fifth  street ;  Willius  street  between  the 
south  line  of  Sixth  street  and  the  north  line  of  Fifth  street; 
Xeill  street,  between  the  south  line  of  Sixth  street  and  the 
north  line  of  Fifth  street;  Kittson  street  between  the  south 
line  of  Sixth  street  and  the  south  line  of  Fifth  street,  and  also 
the  alley  between  Fifth  street  and  Sixth  street,  from  John 
street  to  Kittson  street,  running  and  extending  through 
blocks  forty-one  (41),  forty  (40),  thirty-nine  (39)  and  thirty- 
eight  (38),  of  said  Kittson's  Addition,  be  and  the  same  are 
hereby  each  and  all  vacated,  subject,  however,  to  the  following 
terms,  conditions  and  reservations  hereinafter  set  forth,  that 
is  to  sav : 


1063 

2713.  First — Such  vacation  is  upon  the  express  condition 
that  all  of  said  blocks  II.  t0,  39  and  38  and  blocks  31  and  52, 
or  said  Kittson's  Addition,  and  all  other  property  now  owned 
by  said  Northern  Pacific  Railway  Company  abutting  or  front- 
ing on  Fourth,  Fifth  and  Sixth  streets,  or  either  thereof,  be- 
tween Broadway  and  the  westerly  line  of  Kittson  street  in 
said  city,  and  all  of  the  portions  of  all  the  streets  and  alleys 
hereby  vacated  shall  for  all  time  in  the  future  be  liable  to  the 
payment  and  subject  to  the  lien  of  assessments  for  any  and 
all  local  improvements  made  in  said  city,  to  the  same  extent 
and  with  like  effect  as  if  said  premises  were  owned  by  private 
irdividuals,  and  this  shall  include  all  local  improvements, 
whether  heretofore  or  hereafter  made,  the  assessment  for  and 
cost  of  which  have  not  already  been  paid,  provided  that  the 
property  of  said  company  abutting  upon  the  southerly  side 
of  Fourth  street,  between  said  points  shall  be  liable  only  for 
paving  assessments. 

2714.  Second — Such  vacation  is  upon  the  further  express 
condition  that  said  Northern  Pacific  Railway  Company  shall 
also  pay  to  said  city  the  cost  and  expense  of  the  enlargement 
and  repairing  of  the  sewer  at  present  existing  on  Fifth  street, 
from  Kittson  street  to  Brook  street,  not  exceeding,  however, 
;t  total  expense  of  Two  Thousand  Dollars,  which  shall  be  held 
t  be  the  same  $2,000.00  required  to  be  paid  1>\  a  certain  reso 
Imion  approved  September  8th,  1903,  vacating  other  portion-, 
oi  the  same  streets  on  petition  of  said  company. 

2715.  Third      Such     vacation    is    upon     the    further    express 

condition   that    said    Northern    Pacific    Railwa)    Company,   its 

Successors    and    assigns,    shall,    at    its    and    their    Own    expense. 

within  eighteen  months  after  the  passage  and  publication  of 
this  resolution,  erect,  construd  and  fully  complete,  and  there 
forever  maintain  the  same  in  proper  and  safe  condition 
for  public  travel  thereon,  a  -o..d  and  substantial  steel  or  iron 
viaduct,  with  suitable  approaches,  beginning  at  and  conned 

ing    with    Fourth    Streel    in    said   city,   at    a    poinl    ;i1    or   near   the 

erly   line  of   Kittson   street   at    the  southerl}    boundary  of 

fifty-two   "i    -;iid    Kittson's    Addition;   running    thence 

northerly  over  and  a<  ross  blocks  fift)  two  and  ilnru  seven  of 

Kittson's   Addition  to,  and  connecting  with.  Sixth  street  at  the 


Hill! 

most  convenient  point  between  Kittson  and  Brook  streets,  in 
accordance  with  the  terms  of  a  certain  contract  entered  into 
with  said  city  by  said  Northern  Pacific  Railway  Company  in 
reference  thereto,  bearing  date  August  6th,  1903,  and  when  so 
constructed  said  viaduct  shall  he  perpetually  dedicated  to  the 
public  for  use  as  a  highway  and  shall  not  be  crossed  or 
traversed  at  grade  by  any  railway  tracks. 

2716.  Fourth — Such  vacation  is  upon  the  further  express 
condition  that  said  city  shall  have  and  hereby  expressly  re- 
serves to  itself,  the  right,  privilege  and  perpetual  easement  to 
keep,  maintain  and  repair  all  sewers,  water  mains  and  pipes 
and  conduits  of  wdiatsoever  character  now  in.  along  or  under 
any  of  the  streets,  alleys  or  grounds  hereby  vacated,  and  also 
reserves  and  shall  have  the  right  at  any  and  all  times  in  the 
future  to  lay,  construct  and  maintain  any  further  necessary 
sewers,  wrater  mains  and  pipes  and  underground  conduits  for 
any  and  all  necessary  purposes,  and  to  have  access  to  and 
make  the  necessary  connections  with  and  repairs  to  any  and 
all  thereof  along,  across  and  under  any  or  all  of  the  streets, 
alleys  and  public  grounds  above  described,  and  to  construct, 
erect  and  maintain  poles  and  overhead  wires  thereon,  and  to 
(.'instruct  and  maintain  viaducts,  crossings  and  bridges  and 
piers,  abutments  and  approaches  therefor  upon  any  part  of 
said  streets  and  alleys  so  vacated,  and  that  any  and  all  of  the 
premises  adjoining  and  abutting  upon  said  streets  and  alleys 
so  vacated  shall  be  liable  to  assessment  for  its  portion  of  the 
c<  >st  and  expense  of  any  such  improvements,  to  the  same  ex- 
tent as  if  said  streets  and  alleys  were  not  vacated  and  said 
lises  were  owned  by  a  priva^  '"-dividual;  and  the  vaca- 
tion V"-fdn  provided  for  shall  not  in  any  manner  relieve  or 
discharge  said  Northern  Pacific  Railway  Company,  its  succes- 
sors  or  assigns,  or  any  other  company,  from  any  duty  or  lia- 
bility to  construct  and  maintain,  wholly  or  partially  at  its 
own  expense,  such  crossings,  bridges  and  viaducts  and  ap- 
proaches thereto,  over  or  under  its  tracks  for  public  travel 
upon  or  across  any  of  the  streets  and  alleys  hereby  vacated,  as 
public  necessity  and  safety  may  hereafter  require,  and  any 
such  duty  and  liability  in  that  behalf  as  may  now  exist  or 
which  would  exist  in  the  absence  of  this  vacation,  shall  remain 
and  continue  the  same  as  if  such  vacation  had  not  been  made. 


1065 

2717.  Fifth — Such  vacation  is  upon  the  further  express 
condition  that  said  Northern  Pacific  Railway  Company,  its 
successors  and  assigns,  shall  forever  indemnify  and  save 
harmless  said  City  of  St.  Paul  from  any  and  all  damages, 
claims  for  damage,  and  cost  and  expense,  that  may  arise  or 
grow  out  of  such  vacation,  as  well  as  from  the  construction 
and  maintenance  of  the  viaduct  to  be  built  by  said  company, 
from  any  source,  or  for  any  cause  or  reason  whatsoever. 

2718.  Sixth — That  in  addition  to  the  foregoing,  said  pe- 
titioner shall,  before  this  resolution  takes  effect,  pay  into  the 
treasury  of  said  City,  the  sum  of  One  Hundred  Dollars,  which 
is  hereby  fixed  in  addition  to  the  foregoing  as  the  compensa- 
tion to  be  paid  by  it  to  said  City  in  consideration  of  said 
vacation. 

2719.  Seventh — That  before  this  resolution  shall  take 
effect,  and  within  thirty  days  from  its  passage,  the  said  North- 
ern Pacific  Railway  Company  shall  duly  execute  and  file  with 
the  Comptroller  of  said  City,  an  acceptance  of  the  terms  and 
conditions  of  this  resolution,  in  which  il  shall  affirmatively 
agree  to  abide  by  and  perform  apon  its  part  all  of  tin-  terms 
and  conditions  thereof;  such  acceptance  and  agreement  to  be 
in  a  form  to  be  approved  by  the  Corporation  Attorney. 


1066 

ROCK  ISLAND  (ST.  P.  T.  &  TRANS.  CO.) 

Ordinance  No.  2295. 

I  Appn  »ved   August   ^.    L902.) 

2*20.  An  Ordinance  granting  permission  to  the  St.  Paul 
Terminal  and  Transfer  Company,  a  railway  cor- 
poration, its  successors  and  assigns,  to  construct, 
maintain  and  operate  railroad  tracks  along  and 
across  certain  streets  and  alleys  in  the  City  of  St. 
Paul,  between  blocks  four  (4)  and  five  (5),  of 
Marshall's  Addition  to  West  St.  Paul,  upon  which 
is  to  be  located  the  terminal  freight  house  of  the 
Burlington,  Cedar  Rapids  and  Northern  Railway 
Company,  of  which  the  Chicago,  Rock  Island  and 
Pacific  Railway  Company  is  the  lessee,  and  the 
southern  boundary  of  the  City  of  St.  Paul. 

The  Common   Council  of  the  City  of  St.   Paul   do  ordain  as 

follows : 

Sec.  1.  Permission  and  authority  are  hereby  granted  un- 
to the  St.  Paul  Terminal  and  Transfer  Company,  a  railway 
corporation,  its  successors  and  assigns,  to  construct,  maintain 
and  operate  one  or  more  tracks,  except  as  hereinafter  pro- 
vided, on  its  line  of  railway  as  now  located  over  and  across 
the  following  streets,  avenues  and  alleys,  in  said  City  of  St. 
Paul,  to-\vit :  Robertson  street.  State  street,  Fenton  street, 
Minnetonka  street,  Chester  street,  Wyandotte  street,  Alabama 
slreet,  Rutland  street.  Tennessee  street.  St.  Lawrence  street, 
Eaton  avenue  (in  Hitchcock's  Addition);  Amy  street,  Nich- 
olas street.  Brott  street,  -Bancroft  avenue,  Halsted  street, 
Niagara  street.  Brown  avenue,  Congress  street,  Andrew  ave- 
nue, Kansas  avenue,  Witham  avenue,  Arthur  avenue,  Wini- 
fred street,  Belvidere  street,  Lucy  street,  Wyoming  street, 
Versailles  street  and  Annapolis  street;  the  alleys  in  blocks 
sixteen  (16),  twenty-eight  (28),  and  twenty-nine  (29),  in 
Dunwell  &  Spencer's  Addition ;  the  alley  in  Hornsby's  Re- 
arrangement of  block  five  (5),  of  Brown  and  Jackson's  Ad- 
dition; the  alley  in  Thomas'  Subdivision  of  block  eleven  (11), 
of  said  Brown  and  Jackson's  Addition;  it  being  the  intent  and 
the   purpose   of   this   ordinance    to   grant   permission    and    au- 


106*3 

thority  to  said  company,  its  successors  and  assigns,  to  con- 
struct, maintain  and  operate  its  line  of  railway  with  one  or 
more  tracks,  except  as  hereinafter  provided,  over  the  streets 
and  alleys  upon  its  line,  as  the  same  is  now  located  between 
the  terminal  freight  house  of  the  Burlington,  Cedar  Rapids 
and  Northern  Railway  Company  of  Iowa,  in  blocks  four  (4) 
and  five  (5),  of  Marshall's  Addition  to  West  St.  Paul  (of 
which  the  Chicago,  Rock  Island  and  Pacific  Railway  Com- 
pany is  the  lessee)  to  the  south  city  limits  of  said  City  of  St. 
Paul,  substantially  according  to  the  map  or  blue-print  pre- 
sented herewith  and  to  be  filed  in  the  office  of  the  City  Clerk 
of  said  City  of  St.  Paul  and  marked  "Exhibit  showing  pro- 
posed location  of  line  of  railway  of  St.  Paul  Terminal  and 
Transfer  Company." 

2721.         Sec.  2.     The  permission  and  authority  herein  grant- 
ed by  section  one  of  this  ordinance  are  granted  upon  the  fol- 
lowing  express   conditions:     That   the   said    company,    For   it- 
self, its  successors  and  assigns,  shall  agree  in  writing  to  hence- 
forth   pay    its   proportionate   share  of   any    and   all    street    im- 
provements abutting  the  northerly   two-thirds  of  blocks   four 
(4)  and  five   (5)   and  six  (6),  of  Marshall's  Addition  to  Wesl 
St.  Paul  (except  lot  fifteen  (15),  of  said  block  six  Hi),  in  which 
said    company    is    not    interested),    and    the    southerly    half    of 
blocks  twenty   (20),  nineteen   (19),  eighteen   (18)   and  seven- 
teen  (17),  of  Brooklynd;  and  shall,  also  in  writing  agree,  for 
itself,  its  successors  and  assigns,  to  pa}  its  proportionate  share 
of  any  and  all  >treet  improvements  abutting  any  other  prem- 
ises or  portion-  of  said  blocks  four  i  I),  five  (5)  and  six  (6), 
o'  said  Marshall's  Addition,  which  said  company,  or  an)  other 
railway  company  claiming   under  it    the  right    to  Use   the   pri\ 
ileges  herein  proposed  to  be  granted  shall  hereafter  acquire, 
whether  such  portions  -had  be  used  lor  railwaj    purposes  or 
lot:  That  the  grade  of  the  track  or  tracks  of  said  company 
shall  be  made  to  conform  substantiall)   to  the  grade  of  State 
street    in  crossing  said  streel   and   to  the   grade  of  the  other 
streets,  avenues  and  alleys  in  crossing  said   streets,  avenues 
and  alleys  herein  referred  to  when  such  grade  ma)   be  estab 
lisheel  by  the  Commissioner  of   Public   V  nd   the  Com 

mon  Ci  luncil  i  if  said  cil  \ , 


1068 

Said  company  shall  at  its  own  expense  make  and  main- 
tain convenient  crossings  where  the  track  or  tracks  of  said 
company  may  cross  any  avenue,  street  or  alley  which  is  now 
01  ma\  hereafter  be  open  and  used  for  public  travel,  as  it  may 
be  required  or  directed  to  do  by  the  Common  Council  of  said 
city,  and  said  company  may  by  said  Common  Council  be  re- 
quired to  plank- such  portion  of  any  of  said  crossings.  And 
?aid  company  shall  bridge  or  tunnel  as  the  case  may  be  any 
and  all  traveled  streets  now  or  hereafter  existing  that  said 
company  may  cross  with  its  tracks  as  herein  provided,  when- 
ever ordered  by  the  Common  Council  of  said  city  and  the  same 
shall  be  of  the  kind  and  material  which  said  Common  Council 
shall  approve,  provided  that  no  bridge  shall  be  built  over  said 
tracks  at  an  elevation  which  will  give  less  clear  headway  over 
the  same  than  twenty  (20)  feet. 

The  Common  Council  of  said  City  of  St.  Paul  by  resolu- 
tion may  direct  said  company  to  employ  and  keep  continually 
at  its  own  cost  and  expense  one  or  more  flagmen  on  any  of 
said  traveled  streets. now  or  hereafter  existing  and  may  direct 
said  company  to  provide  such  other  safeguards  in  and  about 
the  traveled  street  crossings  hereinbefore  referred  to,  includ- 
ing the  construction  and  maintenance  of  gates  at  any  of  said 
traveled  crossings  as  in  the  opinion  of  said  Common  Council 
the  public  safety  may  require. 

Said  Common  Council  reserves  the  right  to  make  such 
further  reasonable  regulations  as  the  public  interests  may  re- 
quire, and  may  prevent  said  company,  its  successors  and  as- 
signs, from  permitting  its  cars  or  engines  to  be  left  standing 
upon  any  of  said  streets,  avenues,  or  alleys,  so  as  to  obstruct 
public  travel. 

Said  City  of  St.  Paul  and  the  Common  Council  thereof  re- 
serves the  right  to  excavate  in  said  streets,  avenues,  and  alleys 
at  any  and  all  times,  for  the  purposes  of  constructing  sewers 
and  laying  water  and  gas  mains  therein,  and  for  any  other 
municipal  purpose,  and  the  said  company,  its  successors  and 
assigns  shall  pay  the  increased  or  additional  costs,  if  any,  for 
making  excavations  for  such  purposes  by  reason  of  the  exist- 
ence of  said  track  or  tracks  upon  said  avenues,  streets  or 
alleys.     The  estimate  of  the  Commissioner  of  Public  Works, 


1069 

of  the  said  Citv  of  St.  Paul  shall  be  final  and  conclusive  as  to 
the  amount  of  said  increased  cost. 

The  said  St.  Paul  Terminal  and  Transfer  Company,  its 
successors  and  assigns,  shall  hold  the  City  of  St.  Paul  harm- 
less from  any  and  all  damages  occasioned  by  reason  of  the 
construction,  maintenance  and  operation  of  said  line  of  rail- 
way across  said  avenues,  streets,  and  alleys.  All  such  dam- 
age, if  any  there  be  shall  be  adjusted  and  paid  by  the  St.  Paul 
Terminal  and  Transfer  Company,  its  successors  and  assigns, 
and  said  company  shall  assume  the  defense  of  any  and  all 
suits  brought  for  the  recovery  of  the  same,  intervening  there- 
in, if  necessary,  for  such  purpose,  and  will  wholly  relieve  the 
City  of  St.  Paul  for  defending  the  same  and  will  assume  and 
pay  all  judgments  recovered  therein. 

Said  company,  its  successors  and  assigns,  shall  also,  in  the 
construction,  maintenance  and  operation  of  said  line  of  rail- 
way over  said  avenues,  streets  and  alleys  conform  to  all  law- 
ful and  reasonable  regulations  now  in  force  or  which  shall  be 
made  by  said  Common  Council  with  reference  therein,  and 
the  privileges  hereby  granted  under  section  one  of  this  ordi- 
nance shall  be  subject  to  all  general  ordinances  thai  are  now 
or  may  hereafter  be  in  force  concerning  railroads  in  the  City 
of  St.  Paul;  providedj  however,  anything  herein  to  the  con- 
trary notwithstanding  the  number  of  tracks  to  be  constructed, 
maintained  and  operated  over  the  streets  herein  mentioned  be 
tween  Alabama  street  on  the  north  and  southern  boundary  o; 
said  city  on  the  south  shall  be  limited  to  two.  Additional 
tracks  ma\  hereafter  he  constructed  over  and  across  sail 
streets  within  the  aforesaid  limits  upon  permission  first  being 
obtained  from  the  Common  Council  of  said  city. 

2722.  Sec.  :;.  Before  this  ordinance  shall  be  in  force  or 
shall  take  effect,  -aid  St.   Paul  Terminal  and  Transfer  Com 

pan)  .shall  accept  the  same  by  filing  with  the  City  Clerk  <'t 
the  City  of  St.  Paul  within  sixty  days  from  the  p&SSage  of  this 
ordinance,    for    itself,    its    successors    and    assigns,    its    written 

acceptance  thereof  executed  by  its  proper  officers  consenting 
to  tin-  terms  and  conditions  hereof  and  agreeing  for  itself,  its 
successors  and  assigns  to  perform  all  acts  and  things  herein 
required  to  he  done  by  said  company  and  by  filing  within  said 


1070 

period  an  agreement  to  be  executed  by  the  proper  officers  of 
the  Chicago,  Rock  Island  &  Pacific  Railway  Company  guaran- 
teeing to  the  City  of  St.  Paul  the  faithful  performance  by  said 
St.  Paul  Terminal  &  Transfer  Company  of  all  the  terms  and 
conditions  hereof  upon  its  part   to  be  performed. 

A  failure  upon  the  part  of  either  of  said  companies  in  this 
paragraph  mentioned  to  either  file  such  acceptance  or  such 
guarantee  as  herein  stated  with  the  City  Clerk  of  said  city 
within  the  time  aforesaid  shall  render  this  ordinance  null, 
void  and  of  no  effect. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication,  and  the 
filing  of  the  acceptance  and  guarantee  herein  provided. 

ST.  PAUL  UNION  DEPOT  COMPANY. 

From  Article  LVIII.,  Municipal  Code  of  1884. 

2723.  Sec.  34.  The  St.  Paul  Union  Depot  Company  is 
hereby  authorized  and  empowered  to  locate,  construct,  main- 
tain, operate,  and  use,  including  those  now  authorized  by  ordi- 
nance of  the  City  of  St.  Paul  to  be  laid,  operated,  and  used 
by  the  Minnesota  Valley  Railroad  Company,  now  the  St.  Paul 
and  Sioux  City  Railroad  Company,  and  the  St.  Paul  &  Mil- 
waukee Railroad  Company,  four  (4)  tracks  of  railroad,  from 
the  east  side  of  Broadway  street  to  a  junction  with  the  St. 
Paul  &  Sioux  City  Railroad,  at  a  point  one  hundred  (100) 
feet  westerly  of  Jackson  street,  in  said  St.  Paul,  said  tracks  to 
be  located  on  the  northerly  portion  of  the  levee,  and.  so  lo- 
cated, that  the  levee  to  be  used  and  covered  by  said  four  (4) 
tracks,  shall  not  exceed  twelve  (  12)  feet  for  each  railroad  track, 
commencing  at  a  line  eight  (8)  feet  southerly  from  the  south 
line  of  blocks  twenty-nine  (2D)  and  thirty  (30),  St.  Paul 
Proper;  thence  easterly  in  a  straight  line  produced  to  the  east- 
erly line  of  Broadway  street :  provided,  however,  that  if  but 
one  (  1  )  additional  railroad  track  shall  be  laid  under  the  pro- 
visions of  this  ordinance,  the  same  shall  be  laid  within  a  limit 
of  thirty-six  (36)  feet,  from  a  line  eight  (8)  feet  southerly  of 
blocks  twenty-nine  (29)  and  thirty  \-U)J  aforesaid;  said  tracks 
to  be  laid,  constructed  and  maintained  upon  the  established 
grade  as  now,  or  as  may  hereafter  be,  fixed  by  the  common 


m;i 

council  of  said  City  of  St.  Paul  for  said  levee,  and  said  depot 
company  shall  keep  said  tracks,  and  approaches  thereto,  across 
Jackson  and  Sibley  streets,  and  between  the  same,  at  all  times 
planked  or  paved  and  in  good  repair  and  safe  For  travel. 
(Ordinance  approved  Jan.  10,  1880,  §  1  » 

2724.  Sec.  35.     The  foregoing  franchise  and   right  of  way 
is  granted  upon  the  express  conditions  following,  to-wit: 

First — That  the  said  St.  Paul  Union  Depot  Company, 
shall,  by  May  1,  A.  1).  1880,  obtain,  and  record  in  the  register's 
office  of  Ramsey  County,  a  deed  conveying  to  it  the  title  to 
the  south  half  (  '_•)  <>f  blocks  three  {'■'>)  and  four  I  1).  in  Hop- 
kin's  addition,  to  St.  Paul,  and  the  south  half  i  '  _•  >  of  block 
twenty-nine  (29),  in  St.  Paul  I 'roper,  and  shall  erect  and  have 
read}'  for  use  by  Dec.  1,  A.  D.  1880,  upon  said  blocks,  a  union 
depot  building,  costing  not  less  than  seventy-five  thousand 
dollars  ($75,000),  and  in  addition  thereto,  shall  construct  and 
have  ready  for  use  by  said  December  1st,  such  number  oi 
tracks,  switches,  turnouts,  and  side  tracks,  as  may  be  neces 
sary  for  the  business  of  said  company. 

2725.  Second — That  the  said  St.  Paul  Union  Depot  Com- 
pany, and  all  railroad  companies,  using  any  of  said  tracks  as 
aforesaid,  shall  at  all  times  keep  Jackson  and  Sible)  streets. 
clear  from  obstructions  such  as  will  or  may  unreasonably 
hinder  or  delay  or  impair  the  free  use  and  enjoymenl  i  if  said 
streets  or  public  levee |  but  in  no  case  shall  said  depol 
pany,  or  any  railroad  C*ompan)  running  over  said  tracks  with 
its  ear-  or  locomotives,  allow   Jackson   street    to  be   blocked   up 

with  it-  car-,  trains,  engines,  or  otherwise,  excepl  to  cross  the 
same  ;  and  no  compan)  using  said  tracks,  or  an)  of  them,  shall 
allow    Sibley   streel    to  be  blocked   tip  or  obstructed,   b)    its 
or  otherwise,  for  a  longer  period  than  three  (3)  consecu 
live  minutes. 

2726.  Third     The  Common  Council  may,  b)  resolution,  di 
reel  saiil  Union  Depol  Company,  to  emplo)  and  keep  continu 
ally,  al  its  own  cost  and  expen  e,  a  flagman  at  the  fool  of  Jack 
son  street,  and  one  at  the  foot  of  Sibley  street,  and  to  provide 
such  other  safeguards  in  and  aboul  its  business    »n  said  levee, 
as  in  the  opinion  of  said  council  the  public  safet)  ma)   require. 


in;-.' 

2727.  Fourth — The  speed  of  all  locomotives,  trains,  or  cars 
running  along  and  over  said  levee,  shall  not  exceed  the  rate  of 
six  (6)  miles  an  hour,  and  while  in  motion  the  bell  of  such 
locomotive  shall  be  regularly  sounded  to  warn  persons  of 
danger;  provided,  that  the  said  city  reserves  the  right  to  regu- 
late the  rate  of  speed  above  prescribed  on  said  levee,  from 
time  to  time,  as  the  public  interest  may  demand,  by  resolution 
of  the  common  council. 

2728.  Fifth — That  the  said  Union  Depot  Company  shall, 
from  time  to  time,  as  ordered  and  directed  by  the  common 
council,  pay  its  pro  rata  share  of  the  cost  of  any  improvement 
for  grading,  guttering,  draining,  or  paving  said  public  levee, 
and  any  other  improvement  of  said  levee,  made  necessary  to 
the  river  transportation  and  public  interests,  by  reason  of 
the  use  and  occupation  of  said  tracks  as  herein  provided  on 
said  levee ;  said  pro  rata  share  being  in  the  proportion,  as  the 
amount  of  levee  authorized  to  be  used  under  this  ordinance, 
is  to  all  the  levee  from  the  east  side  of  Broadway  street  to  the 
west  side  of  Jackson  street. 

2729.  Sixth — The  said  Union  Depot  Company,  shall  at  all 
times  defend  and  save  harmless  the  City  of  St.  Paul,  from  any 
and  all  damages,  expenses  and  suits,  arising,  or  growing  out 
of  the  passage  of  this  ordinance  and  the  use  and  occupation 
of  said  levee  and  streets,  by  cars,  trains,  and  tracks  as  herein 
authorized  and  provided,  or  resulting  from  a  failure  or  neglect 
to  comply  with  this  ordinance  or  any  resolution  of  the  com- 
mon council  passed  thereunder,  as  therein  provided. 

2730.  Seventh — Said  city  may  at  any  time  hereafter,  by  or- 
dinance, allow,  and  permit  any  railroad  company  or  compan- 
ies, terminating  in  or  running  through  said  city,  to  cross  the 
public  levee  at  any  point  between  Broadway  and  the  junction 
of  the  Union  Depot  tracks  with  the  Sioux  City  railroad,  west 
of  Jackson  street,  and  to  operate  and  run  upon  and  use  any 
of  the  tracks  hereby  authorized  to  be  located,  for  the  trans- 
portation of  locomotives  and  cars  thereon,  under  reasonable 
and  usual  regulations  governing  railroad  corporations  in  joint 
use  of  tracks,  such  company  or  companies,  to  contribute  and 
pay  their  suitable  share  of  the  cost  and  value  of  the  common 


in;:: 

track,  and  the  repairs,  expenses  and  other  charges  in  using  and 
maintaining  the  same,  and  subject  to  all  the  conditions  and 
provisions  in  this  ordinance,  provided,  said  railroad  company 
or  companies,  shall  have  previously  applied  to  the  Union 
Depot  Company  for  said  privilege,  on  one  or  more  of  its 
tracks,  and  shall  have  been  refused  the  same  upon  its  offer 
to  accept  said  privilege,  under  reasonable  and  usual  regula- 
tions and  reasonable  and  usual  rules  for  contribution  govern- 
ing railroad  corporations  in  joint  use  of  tracks. 

(Id.  §2.) 

2731.  Sec.  LSG.  The  St.  Paul  Union  Depot  Company  shall, 
within  sixty  (60)  days  from  and  after  the  passage  of  this  ordi- 

•.  hie  with  the  city  clerk,  a  resolution  officially  adopted. 
accepting  this  ordinance  upon  the  terms  and  conditions  herein 
named  ;  and  if  said  company  shall  neglect  or  refuse  to  accept 
this  ordinance  or  comply  with  the  terms  thereof,  all  and  singu- 
lar, as  aforesaid,  then  the  same  shall  be  void  and  of  no  effect. 
(Id.  §3,  as  amended  Feb.  17,  1880.     See  a  resolution  of    the 
common  council,  approved  Jan.  6,  1880,  vacating  cer- 
tain  streets,   etc.,  found  in   council   proceed- 
ings  for   the   year    1880,    page    8.) 

Ordinance  No.  2172. 
(Approved  February  '25,  1901.) 

2732.  An  Ordinance  vacating  a  portion  of  the  public  levee 

in  the  City  of  St.  Paul. 
Whereas,  The  St.  Paul  Union  Depot  Company  is  the 
owner  of  lots  seven  to  twelve  inclusive  in  block  twcut\  nine 
of  St.  Paul  Proper,  and  lots  seven  to  twelve  inclusive  in  block 
three,  and  lots  four,  five  and  six  in  block  four  of  Hopkin's  ad- 
dition, also  a  strip  of  land  lliirlv  ei-ht  feet  wide  adjoining 
said  Iots-in  blocks  three  and  four  on  the  southerl)  side  thereof, 
formerly  being  a  pari  of  the  public  levee  which  was  vacated 
by  resolution  of  the  Common  Council  of  the  City  of  St.  Paul, 
approved  January  8th,  L880,  all  in  the  Cit}  of  St.  Paul,  Ram- 
sey County.  Minnesota,  and  said  propert)  constitutes  more 
than  one-half  of  the  frontage  of  all  the  land  abutting  on  the 
public  levee  in  the  City  of  St.  Paul,  between  the  east   lim   ol 


1074 

Sibley  street  and  the  east  line  of  Broadway  street,  and  lying 
hot  ween  said  three  blocks  and  the  Mississippi  river,  and  did, 
on  the  seventh  day  of  June.  1900,  duly  petition  the  Common 
Council  of  the  City  of  St.  Paul  to  vacate  that  part  of  said 
public  levee  above  described,  which  petition  set  forth  the  facts 
and  reasons  for  such  vacation,  and  was  accompanied  by  a  plat 
of  the  portion  of  said  levee  proposed  to  be  vacated,  and  was 
duly  verified  by  the  oath  of  one  of  the  officers  of  said  pe- 
titioner, which  petition  was  duly  filed  with  the  City  Clerk  of 
said  City  on  the  last  day  named,  and. 

Whereas,  The  assembly  of  the  City  of  St.  Paul,  one  of 
the  branches  of  the  Common  Council  thereof,  on  said  seventh 
dav  of  June,  1900,  duly  ordered  that  said  petition  be  heard 
before  the  Committee  on  Streets,  which  is  one  of  the  standing- 
Committees  of  said  Assembly,  on  the  sixteenth  day  of  July, 
1900,  at  four  o'clock  in  the  afternoon  of  that  day,  in  the 
Council  Chamber  in  said  City  of  St.  Paul,  and  that  notice 
thereof  be  published  in  the  official  paper  of  said  city  in  the 
manner  required  by  law,  and, 

Whereas,  Due  notice  was  published  in  the  Daily  Pioneer 
I  'ress,  or  'official  paper  of  said  city,  for  four  weeks,  once  in 
each  week,  commencing  on  the  eighth  day  of  June,  1000.  and 
ending  on  the  twenty-ninth  day  of  June,  1000,  to  the  effect 
that  said  petition  has  been  filed  with  said  City  Clerk,  stating 
in  brief  its  object  and  that  the  same  would  be  heard  and  con- 
sidered by  the  Committee  on  Streets  of  said  Assembly,  on  said 
sixteenth  day  of  July,  1000,  at  -4  o'clock  in  the  afternoon  of 
that  day.  in  the  Council  Chamber,  in  said  city;  and. 

Whereas,  Said  Committee  on  Streets  of  said  Assembly, 
at  the  time  and  place  last  mentioned,  did  meet,  hear  and  con- 
sider said  petition,  and  have  continued  and  adjourned  the 
hearing  of  said  petition  and  the  subject  matter  thereof  from 
time  to  time,  until  the  Fourth  day  of  February,  1901,  at  the 
Council  Chamber,  in  said  city,  upon  which  last  mentioned  date 
said  committee  decided  to  grant  the  prayer  of  said  petition, 
hereinafter  set  forth,  and  to  that  end  has  reported  to  the 
Common  Council  its  recommendation  in  the  premises,  includ- 
ing a  recommendation  that  the  following  ordinance  be 
adopted  : 


L075 

Now,  therefore,  the  Common   Council  of  the   City   of   St. 
Paul  do  ordain  as  follows: 

2733.  Sec.  1.  That  so  much  of  the  public  levee  in  the  City 
of  St.  Paul  as  lies  between  the  east  line  of  Sibley  street  and 
the  east  line  of  Broadway  street,  in  said  city,  and  between 
block  twenty-nine  of  St.  Paul  Proper,  and  blocks  three  and 
four  of  Hopkins'  Addition  to  St.  Paul  and  the  Mississippi 
river,  be,  and  the  same  is  hereby  vacated  and  discontinued, 
and  the  Mayor,  Comptroller  and  City  Clerk  are  hereby  au- 
thorized and  directed  to  make,  execute  and  deliver  a  Quit 
Claim  Deed,  conveying  and  releasing'  all  right,  title,  interest 
of  the  City  of  St.  Paul,  in  the  above  described  premises,  to 
the  St.  Paul  Union  Depot  Company,  said  vacation,  however, 
to  take  effect  and  said  deed  to  be  delivered  upon  the  condition 
that  said  company  within  the  time  and  in  the  manner  herein- 
after specified,  shall  comply  with  all  the  terms,  conditions  and 
requirements  hereinafter  contained,  and  not  otherwise. 

2734.  Sec.  2.  In  consideration  of  the  vacation  by  the  mu- 
nicipal authorities  of  the  City  of  St.  Paul,  of  the  portion  of 
the  public  levee  hereinbefore  described,  the  St.  Paul  Union 
Depot  Company  within  eight  months  after  the  passage  and 
publication  of  tins  ordinance,  shall  procure  to  be  conveyed  to 

Hi  ■  City  of  St.    Paul,  by  g 1  and   sufficient   deed,  all  of  lot 

thirteen  of  block  thirty  of  St.  Paul  Proper,  now  owned  by 
the  Chicago,  Milwaukee  &  St.  Paul  Railway  Company,  For  the 
purposes  of  an  enlargement  of  Sibley  street,  and  shall,  within 
the  period  of  eighl  month,  from  and  after  the  passage  and 
publication  of  this  ordinance,  remove  the  buildings  now  stand- 
ing upon  said  lot,  grade  the  surface  of  the  ground  and  pave 
the  same  to  correspond  with  Sibley  street,  now  located  in 
from   of   said   i,,t,   and    shall   pul    down    upon    the   northerly, 

terly  and  southerl)  sides  of  said  lot,  ;i^  so  graded  and 
payed,  or  in  ben  thereof,  at  such  point  a-  tin-  Cit)  Engineer 
of  said  Mi>  shall  direct,  a  proper  and  suitable  -.tone  sidewalk 
ot  the  same  general  design  and  construction  as  the  present 
sidewalks  on  said  Sib  el  in  front  of  said  property,  using 

so  much  of  tin-  material  now  in  use  as  ma)  be  suitable  there 

for.  all  of  said   work   to  be  done  under  the  direction  of  the  Cit) 

Engineer  of  the  City  of  St.   rani,  to  his  satisfaction  and  ap 
proval,  and  without  expense  to  said  city. 


L0?6 

2735.  Sec.  3.  In  further  consideration  of  the  vacation  of 
said  levee,  said  Union  Depot  Company  shall  proceed  forth- 
with to  procure  a  river  harbor  line,  to  he  established  by  the 
United  States  government,  beginning  at  the  northerly  shore 
abutment  or  pier  of  the  Chicago  Great  Western  Railway  bridge 
crossing  the  Mississippi  river  west  of  said  Sibley  street,  and 
extending  easterly  along  the  east  side  of  said  river  to  some 
point  below  the  easterly  line  of  said  Broadway  street,  to  be 
designated  by  the  government  authorities,  and  said  St.  Paul 
Union  Depot  Company  shall  fill  in  the  river  to  the  line  so  es- 
tablished as  far  down  the  river  as  the  east  line  of  Broadway 
street,  at  least,  bringing  the  same  up  to  the  present  grade 
of  the  abutting  property,  constructing  all  necessary  walls  or 
piling  and  thoroughly  riprapping  the  shore  wherever  unpro- 
tected by  piling  or  stone  walls  and  shall  extend  the  present 
dock  facilities  upon  the  portion  of  the  levee  above  the  east 
line  of  Sibley  street  to  the  established  river  line,  putting  in 
said  masonry  walls  at  the  foot  of  Jackson  street  and  Sibley 
street,  similar  to  those  now  maintained,  and  shall  reproduce 
at  the  water  line  the  present  pile  and  timber  construction  be- 
tween the  Chicago  Great  Western  Railway  bridge  and  Jack- 
son street,  and  between  Jackson  street  and  said  east  line  of 
Sibley  street,  and  shall  cause  the  two  freight  houses,  one  lo- 
cated just  west  of  Jackson  street,  and  one  between  Jackson 
and  Sibley  street,  and  now  used  for  the  discharge  and  receipt 
of  river  freight,  to  be  moved  as  near  the  water  line  as  they 
now  are,  and  rebuilt,  and  shall  also  .cause  the  space  acquired 
by  filling  in  to  the  water  line  to  be  established  with  the  con- 
sent of  the  United  States  Government,  as  hereinbefore  pro- 
vided, and  between  the  end  of  the  present  paving  at  the  foot 
ol  Sibley  street,  and  between  said  Jackson  and  Sibley  streets, 
to  be  paved  with  granite  block,  laid  in  sand,  except  such  por- 
tions of  said  space  as  shall  be  taken  up  by  buildings  and  tim- 
ber platforms,  all  of  said  shore  extension,  filling,  walling,  pil- 
ing, riprapping,  paving,  moving  of  buildings,  timber  construc- 
tion and  other  necessary  and  requisite  construction  of  £hat 
portion  of  the  levee  above  the  east  line  of  said  Sibley  street, 
to  be  done  by  the  said  Union  Depot  Company  under  the  di- 
rection of  and  to  the  satisfaction  and  approval  of  the  City 
Engineer  of  the  City  of  St.  Paul,  without  expense  to  said  city, 


1077 

and  the  City  of  St.  Paul  hereby  consents  that  the  St.  P,atil 
Union  Depot  Company  and  the  Chicago,  .Milwaukee  ec  St. 
Paul  Railway  Company  may  till  out  the  shore  to  such  harbor 
line  when  established  east  of  Sibley  street  as  they  may  see  tit 
in  accordance  with  such  requirements  as  may  be  made  by  the 
Tinted  States  Government. 

2736.  Sec.  4.  In  further  consideration  of  the  vacation  of 
the  portion  of  said  levee  hereinbefore  described,  and  as  a  con- 
dition thereto,  said  St.  Paul  Union  Depot  Company  shall, 
within  the  period  of  six  months  after  the  passage  and  publi- 
cation of  this  ordinance,  procure  the  Chicago,  Milwaukee  & 
St.  I 'aid  Railway  Company  to  execute  and  tile  in  the  office  of 
the  City  Clerk  of  said  city  its  written  consent  thereto,  duly 
authorized  by  its  Board  of  Directors,  including  the  abroga- 
tion of  the  existing  lease  between  the  City  of  St.  Paul  and 
said  Chicago,  Milwaukee  &  St.  Paul  Railway  Company, 
whereby  said  company,  at  a  fixed  rental,  is  authorized  for  a 
term  of  years  to  maintain  certain  tracks  and  warehouses  upon 
said  lexer  between  Sibley  street  and  Broadway  street,  and 
shall  also,  within  said  period,  procure  and  have  recorded  in 
'lie  office  of  the  Register  of  Deeds,  in  and  for  Ramsey  County, 
Minnesota,  a  proper  <\vvd  of  conveyance  from  said  Chicago, 
Milwaukee  &  St.  Paul  Railway  Company  to  said  St.  Paul 
Union  Depol  Company,  of  all  the  right,  title  and  interest  ol 
said  form.  ]■  company  in  and  to  so  much  of  the  ground  now  in- 
cluded in  the  said  public  levee  between  the  easl  line  of  Sib- 
ley streel  and  tin-  cast  line  of  Broadway  street,  as  shall  enable 
said  St.  Paul  Union  Depol  Company  to  construct  and  main 
tain  thereon  six  additional  station  tracks  and  the  necessar} 
platforms  and  appliances  in  connection  therewith,  to  accom 
modate  passengers  in  entering  upon  ami  alighting  from  trains 
standing  upon  such  tracks,  said  new  tracks  to  be  located  im- 
mediatel)  south  of  ami  substantiall}  parallel  with  the  ti 
now  owned,  used  and  operated  by  said  Si.  Paul  Union  Depol 

C pany,  the  exacl  area,  dimensions  and  boundar}  of  the  land 

ed  to  be  indicated  and  s.-i  down  in  said  <lcc<|  of  con 
veyance,  and  -aid  deed  to  1»<-  approved  as  to  form  and  manner 
ecution  by  the  Corporation  Attorney  of  the  City  of  St. 
Paul,  and  said   St.   Paul   Union    Depol   Compan)    shall   there 


10  78 

after  maintain  said  additional  tracks,  platforms  and  appliances 

thereon  as  a  part  of  its  depot  facilities,  it  being  the  intention 
of  said  vacation  of  certain  of  said  levee  rights,  and  the  oc- 
casion therefor,  to  afford  additional  trackage  and  additional 
depot  facilities  to  be  used  by  said  St.  Paul  Union  Depot  Com- 
pany for  the  accommodation  of  the  traveling  public  entering 
and    leaving   said    city   by   railway   train. 

2737.  Sec.  5.  If  at  any  time  hereafter  it  shall  become 
proper  and  necessary  for  the  City  of  St.  Paid  to  acquire  lot 
one.  in  block  thirty.  St.  Paul  Proper,  for  the  purpose  of  widen- 
ing said  Sibley  street  through  to  Third  street,  and  said  city 
shall  proceed  by  condemnation  proceedings  or  otherwise  to 
acquire  said  property  for  said  purpose  and  shall  make  an  as- 
sessment upon  property  deemed  benefited  for  the  purpose  of' 
defraying  the  cost  of  so  acquiring  said  lot,  said  St.  Paul  Union 
Depot  Company,  its  successors  or  .assigns,  shall  pay  its  just 
and  proper  proportion  of  the  amount  of  such  cost  as  assessed 
against  its  property  cost  fronting  upon  said  Sibley  street  and 
now  used  for  depot  purposes,  including  the  ground  upon 
which  said  six  additional  tracks  are  to  be  so  constructed  and 
maintained,  and  shall  waive,  and  by  the  acceptance  of  this 
oidinance  shall  be  deemed  to  have  waived  all  right  to  claim 
exemption  from  such  assessment  and  the  payment  and  en- 
forcement thereof,  now  existing  or  hereafter  acquired  under 
any  law  or  provision  creating  such  immunity,  said  company 
to  have  the  same  right  as  any  other  property  owner,  whose 
land  may  be  assessed  for  said  improvement,  to  object  to  any 
irregularity  or  inequality  in  the  making  of  said  assessment 
and  to  contest  the  same  for. any  property  of  said  company  as 
exempt  by  law  from  the  payment  of  any  portion  of  such  as- 
sessment. 

2738.  Sec.  6.  As  a  further  condition  to  the  vacation  of 
the  portion  of  the  public  levee  hereinbefore  described,  the  St. 
Paul  Union  Depot  Company  shall  within  the  period  of  three 
months  after  the  passage  and  publication  of  this  ordinance, 
pay  into  the  treasury  of  the  City  of  St.  Paul,  the  sum  of  fifteen 
thousand  dollars  to  reimburse  the  city  for  expenses  incurred 
in  the  course  of  the  recent  litigation  between  the  city  and  the 
Chicago,  Milwaukee  and  St.  Paul  Railway  Company,  for  loss 


L079 

of  rentals  now  required  to  be  paid  by  said  railroad  company 
under  the  provisions  of  its  lease  with  said  city. 

2739.  Sec.  7.  The  St.  Paul  Union  Depot  Company,  within 
the  period  of  three  months  after  the  passage  and  publication 

of  this  ordinance,  shall  rile  in  the  office  of  the  City  Clerk  of 
the  City  of  St.  Paul  its  written  acceptance  thereof,  duly  au- 
thorized by  its  Board  of  Directors,  including  therein  an  agree- 
ment upon  its  part  to  abide  by  and  perform  all  the  terms,  con- 
ditions and  requirements  thereof,  and  shall  also,  within  said 
period,  cause  to  be  executed  and  filed  in  the  office  of  said 
clerk  the  written  consent  thereto  of  the  owner  of  the  Diamond 
Jo  Line  of  Steamers,  said  acceptance  and  said  consent  to  be 
in  such  form  as  shall  be  approved  by  the  Corporation  Attor- 
ney of  said  city. 

2740.  Sec.  8.  Upon  the  acceptance  of  this  ordinance  as 
herein  provided,  and  upon  the  compliance  bv  the  said  St.  Paul 
Union  Depot  Company  of  all  the  terms  and  provisions  hereof, 
-aid  company  may  apply  to  the  Corporation  Attorne)  of  the 
C;t\  of  St.  Paul  for  a  certificate  to  the  effect  that  said  company 
has  so  complied  with  the  terms  and  provisions  of  this  ordi- 
nance, and  said  certificate  being  granted,  a  duplicate  cop} 
thereof  shall  he  delivered  to  said  St.  Paul  Union  Depol  Com- 
pany and  another  duplicate  COpy  thereof  shall  he  filed  in  the 
office  of  the  City  Comptroller  of  the  City  of  St.  Paul,  anil  said 

Certificate    or   cither    said    duplicate    copies    for    all    intents    and 

purposes  -hall  he  taken  and  he  deemed  to  he  prima  facie  evi- 
dence of  the  fad  thai  said  compan)   has  in  all  respects  com 

plied    with    the    terms,   condition-   and    requirements   contained 

in  this  ordinance  upon  ils  pari  to  he  done,  kept  and  performed. 

Sec.  9.     This  ordinance  shall  take  eflfeel  and  he  in  force 

from  and  after  its  passage  and  the  acceptance  thereof,  a-  here 

inbef  >re  provided. 


1080 

Ordinance  No.  2220. 
i  Approved  October  24,  1901.) 

2741.  An  Ordinance  authorizing  the  St.  Paul  Union  Depot 

Company,  the  Chicago,  Milwaukee  &  St.  Paul 
Railway  Company  and  the  Chicago,  St.  Paul,  Min- 
neapolis &  Omaha  Railway  Company,  jointly  or 
severally,  according  to  their  respective  interest,  to 
locate,  construct,  maintain,  operate  and  use  a  new 
system  of  rearrangement  of  railway  tracks  and 
connections,  across  Sibley  street,  thence  westward- 
ly  upon  the  public  levee  and  Water  street,  as"  far 
as  the  easterly  end  of  block  thirty-nine  of  St.  Paul 
Proper. 

Whereas,  The  enlargement  of  the  premises  and  facilities 
of  the  St.  Paul  Union  Depot  Company  provided  for  by  the 
ordinance  of  the  City  of  St.  Paul,  entitled  "An  Ordinance  Va- 
cating a  Portion  of  the  Public  Levee  of  the  City  of  St.  Paul," 
approved  February  25,  1901,  and  the  consequent  removal 
southward  of  the  freight  houses  and  freight  tracks  of  the  Chi- 
cago, Milwaukee  &  St.  Paul  Railway  Company  east  of  Sibley 
street,  require  a  rearrangement  of  the  trackage  and  connec- 
tions of  said  companies  and  of  the  Chicago,  St.  Paul,  Minne- 
apolis &  Omaha  Railway  Company,  as  far  westward  from 
the  easterly  line  of  Sibley  street  as  to  the  easterly  end  of 
Block  thirty-nine  of  St.  Paul  Proper. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows : 

2742.  Sec.  1.  Instead  of  the  double  tracks  now  owned  in 
common,  but  severally  operated  by  the  Chicago,  Milwaukee  & 
St.  Paul  Railway  and  the  Chicago,  St.  Paul,  Minneapolis  & 
(  >maha  Railway  Companies,  across  Sibley  street,  thence  west- 
ward upon  the  public  levee  and  Water  street  as  far  as  to  the 
easterly,  end  of  Block  thirty-nine  of  St.  Paul  Proper,  and  in- 
stead of  the  track  of  the  St.  Paul  Union  Depot  Company  next 
southerly  thereof  extending  to  a  connection  with  the  track  of 
the  Chicago  Great  Western  Railway  Company,  and  instead  of 
the  several  cross-overs  connecting  the  several  tracks  aforesaid, 
the    said    several    companies,   other    than    the    Chicago    Great 


1081 

Western  Railway  Company,  are  hereby  authorized  and  em- 
powered to  locate  and  construct,  either  each  for  itself,  or 
any  of  them  by  any  other  of  them,  and  thereafter  to  maintain, 
operate  and  use.  either  according  to  their  respective  owner- 
ships hereinafter  mentioned,  or  as  the}"  may  as  between  them- 
selves, at  any  time  hereafter  agree  to  allow  mutual  uses,  the 
several  traeks  and  connections  in  the  respective  locations 
thereof  hereinafter  defined  and  represented  upon  a  blue  print 
map  identified  by  the  signatures  of  James  K.  Markham.  (  ). 
Claussen,  M.  D.  Rhame  and  F.  \Y.  Knot,  filed  in  the  office  of 
the  Clerk  of  this  city  on  the  nineteenth  day  of  <  >ctober,  1901. 
The  two  tracks  so  represented  and  upon  said  blue  print 
respectively  designated  as  "Joint  Track  C,  M.  &  St.  1'.  Ry. 
and  C.  St.  P.,  M.  &  U.  Ry."  now  owned  by  the  Chicago,  Mil- 
waukee &  St.  Paul  Railway  Company  and  the  Chicago,  St. 
I 'auk  Minneapolis  &  Omaha  Railway  Company  in  common, 
represent  the  two  tracks  authorized  by  Ordinance  No.  56,  of 
said  city,  approved  April  9,  is;:;,  ami  entitled  "An  Ordinance 
Granting  the  Right  of  Way  on.  Over,  Across  and  Along  Cer 
tain  Streets  and  tin-  Public  Levee  in  the  City  of  St.  Paul  to 
the  Milwaukee  &  St.  Paul  Railway  Compan)  and  the  St.  Paul 
&  Sioux  City  Railway  Company,"  but  slightly  further  separ 
ated  ami  the  more  northerly  thereof  slightly  deflected  north 
wardly.  Such  change  of  position  and  such  deflection  are  here- 
by authorized;  and  to  the  said  two  tracks  in  their  respective 
locations  represented  upon  > a i <  1  blue  print  all  the  provisions 
of  the  ordinance  lastly  mentioned  shall,  a--  Far  as  applicable. 

apply   in   all    respects  as   if  the  said   two   tracks  had   been   orig 

inally  thereby  authorized,  and  originall}    constructed,  in   the 

■  i(  m-  hereb)  authorized. 

The  track  represented  and  colored  red  upon  said  blue 
prim  thereon  twice  designated  "C,  M.  &  St.  I'.  Ry.,"  and 
therein  represented  as  running  aero  -  Sibley  streel  and  upon 
the  public  levee  from  a  point  just  east  of  the  easterl)  line  of 
Sibley  street,  to  ,-i  connection  with  each  joinl  track  aforesaid, 
is  hereby  authorized  as  Ehe  continuation  i . .  each  connection 
lastly  mentioned  of  the  through  freighl  track  of  said  Chicago, 

Milwaukee    &    St.    Paul    Railway    Company,    in    the    place    and 

stead    of   the    through    freighl    track   ol    the    companj    lastly 


L082 

named,  which  is  now  partly  upon  the  vacated  portion  of  the 
levee  between  Sibley  and  Broadway  streets  and  next  south  of 
the  present  transfer  track  of  said  Union  Depot  Company,  and 
now  extends  westwardly  from  the  easterly  line  of  Sibley  street 
co  a  oonnection  with  each  joint  track  aforesaid. 

The  two  cross-overs  represented  upon  said  blue  print  as 
in  Sibley  street,  marked  "U.  D.  1"  and  "U.  D.  2,"  the  track 
designated  upon  said  blue  print  "U.  D.  3,"  and  thereon  repre- 
sented as  crossing"  Sibley  street  next  southerly  of*  said  pro- 
posed  through  freight  track  of  said  Chicago,  Milwaukee  &  St. 
Paul  Railway  Company,  the  two  tracks  thereon  represented 
as  crossing  Sibley  street  next  northerly  of  said  proposed 
through  freight  track,  thereon  respectively  designated  "U.  D. 
1"  and  "U.  D.  5,"  and  their  respective  extension  westward  as 
upon  said  blue  print  represented,  are  hereby  authorized  in 
their  respective  locations  shown  by  said  blue  print,  as  Union 
Depot  tracks  and  connections  between  the  tracks  of  the  Union 
Depot  Company  as  the  same  will  be  rearranged  and  increased 
from  Sibley  street  eastward  and  the  tracks  of  the  several  rail- 
way companies  westward  from  the  easterly  line  of  Sibley 
street. 

The  center  line  of  said  proposed  "Through  Freight 
Track*'  shall,  at  the  easterly  line  of  Sibley  street,  be  not  more 
than  four  hundred  and  eleven  (411)  feet  southeasterly  from 
the  southeasterly  corner  of  Sibley  and  Third  streets,  as  now 
established ;  and  the  center  line  of  the  most  southerly  pro- 
posed Union  Depot  Track  (U.  D.  3)  above  mentioned  and 
authorized,  shall,  at  the  westerly  line  of  Sibley  street  as 
platted,  be  not  more  than  four  hundred  and  two  and  sixteen 
one-hundredths  (402.16)  feet  southeasterly  from  the  south- 
westerly corner  of  Sibley  and  Third  streets  as  now  estab- 
lished, and  shall,  at  its  crossing  of  the  track  designated  "U.  D. 
5/'  be  not  more  than  three  hundred  seventy-two  and  twrenty- 
five  one-hundred  (372.25)  feet  southeasterly  from  the  south- 
erly line  of  Third  street,  and  the  center  line  of  said  track  des- 
ignated "U.  D.  5,"  shall,  at  its  connection  with  the  center  line 
of  the  track  of  the  Chicago  Great  Western  Railway  Company, 
which  is  upon  said  blue  print  designated  "C.  G.  W.  Track," 
be  not  more  than  three  hundred  seventy-five  (375)  feet  south- 
eastern- from  said  southerly  line  of  Third  street. 


1083 

To  all  such  rearranged  or  relocated  tracks  and  cross- 
overs of  said  Union  Depot  Company,  all  the  provisions  of  the 
ordinance  of  said  city  No.  189,  approved  January  b>,  1880,  and 
entitled  "An  (  Irdinance  granting  the  right  of  way  to  the  St. 
Paul  Union  Depot  Company  over  and  across  the  public  levee 
from  the  east  side  of  Broadway  to  the  Sioux  City  Railroad, 
at  a  point  one  hundred  (100)  feet  westerly  of  Jackson  street 
in  the  City  of  St.  Paul."  as  heretofore  amended,  shall  apply 
in  all  respects  as  if  they,  the  aforesaid  tracks  and  cross-overs 
hereby  authorized,  had  been  by  the  ordinance  lastly  men- 
tioned originally  constructed  in  the  respective  locations 
therefor  hereby  authorized,  and  said  tracks  shall  be  deemed  to 
have  been  constructed  and  maintained  thereunder. 

2743.  Sec.    2.     The   Chicago,      St.      Paul,      Minneapolis    & 

(  hnaha  Railway  Company  is  hereby  authorized  to  rearrange 
and  relocate  the  spur  track  now  maintained  by  it,  extending 
eastwardly  from  the  switch  marked  "Switch  No.  1"  upon  said 
blue  print  and  now  crossing  the  tracks  of  the  Chicago  (beat 
Western  Railway  Company,  and  until  this  license  shall  be 
revoked  or  annulled  to  maintain  and  use  said  spur  track  ex- 
tending from  said  switch  so  marked  "Switch  No.  I,"  eastward- 
ly upon  and  along  the  levee  to  a  point  where  the  center  line 
thereof  will  intersect  the  westerly  line  of  Sibley  street  as  re- 
cently widened,  and  considered  as  produced,  at  a  point  not 
more  than  four  hundred  eleven  and  five  one-hundredths  I  lll.">i 
Feel  southerly  at  righl  angles  from  the  southerly  line  of  Third 

Street,  and   also  said   Company   is  hereby   authorized   to  locale 

and  until  the  license  hereby  granted  shall  be  revoked  or  an- 
nulled, to  maintain  and  operate  a  branch  from  the  track  lastly 
mentioned  extending  eastwardly  from  the  switch  location  up- 
on -.aid  blue  prinl  marked  "Switch  No.  •'."  to  and  along  the 
north  side  of  the  proposed  new  location  of  the  Diamond  I" 
Freighl  housi  and  platform  and  to  said  westerl)  line  of  Sibley 
street  considered  as  produced  to  said  freighl  house  where  the 

center  line  thereof  will  be  not   more  than   four  hundred  eight} 

three  and  fifty-seven  one-hundredths  (483.57)  feet,  al  righl 
angles  from  said  southed)  line  of  Third  street,  but  the  center 
line  of  neither  track  by  this   section  authorized  shall,  where 

the   same   crosses    the    levee   within    the    lines   ,,i     | :  ( <  1     on      treel 


1084 

considered  as  produced  to  the  river,  be  more  than  four  hun- 
dred fort}'  (440)  Eeet  from  the  said  southerly  line  of  Third 
street.  The  spur  tracks  hereby  authorized  to  be  located  and 
constructed  shall  be  put  in  under  the  direction  of  the  Commis- 
sioner of  Public  Works,  of  the  City  of  St.  Paul,  in  such  a 
manner  as  he  shall  direct,  and  the  rails  of  said  last  mentioned 
t  "ack  shall  not  be  higher  than  the  top  of  the  granite  paving  in 
the  paved  portion  of  said  levee,  and  said  company  shall  restore 
and  put  in  proper  condition  the  pavement  in  and  about  said 
track,  and  shall  keep  and  maintain  the  same  in  proper  con- 
dition for  public  use. 

The  tracks  hereby  authorized  to  be  constructed  and  main- 
tained shall  be  used  only  for  loading  or  unloading  of  freight, 
and  shall  not  be  extended  into  or  across  Sibley  street,  and 
shall  not  be  extended  further  to  the  east  than  the  westerly 
line  of  Sibley  street  as  recently  widened  and  considered  as 
produced  to  the  Mississippi  River,  and  said  tracks  shall  not  be 
u-^ed  for  the  storage  of  cars,  and  no  cars  shall  be  permitted 
v.o  stand  thereon  except  for  such  time  as  shall  be  reasonably 
required  to  load  or  unload  the  same,  as  the  case  may  be. 

The  license  and  authority  to  construct  and  maintain  the 
tracks  specified  in  this  section  may  be  revoked  or  annulled  by 
the  Common  Council  at  any  time,  and  said  Council  shall  have 
the  right  to  order  either  or  both  of  said  tracks  removed  at  any 
time  it  may  see  fit  to  do  so  in  which  case  all  right  or  authority 
of  said  company  thereafter  to  maintain  said  tracks,  or  the 
track  so  ordered  removed,  shall  cease  and  determine,  and  said 
track  or  tracks  shall  be  removed  from  said  levee  within  thirty 
(30)  days  after  the  service  upon  said  company  of  a  copy  of 
the  resolution  directing  such  removal  and  upon  such  removal 
said  company  shall  restore  that  portion  of  the  levee  from 
which  said  track  was  removed,  to  the  same  condition  as  the 
surrounding  portion  of  said  levee,  and  shall  put  the  same  in 
suitable  and  proper  condition  for  public  travel  thereon. 

2744.  Sec.  3.  The  said  St.  Paul  Union  Depot  Company, 
said  Chicago,  Milwaukee  &  St.  Paul  Railway  Company  and 
the  said  Chicago,  St.  Paul,  Minneapolis  &  Omaha  Railway 
Company,  and  each  of  them,  shall  at  all  times  protect  the  City 
of  St.  Paul  against  all  claims  for  damages  on  account  of  in- 


L085 

juries  sustained  by  any  person  in  consequence  of  the  con- 
struction and  maintenance  by  said  companies  of  the  several 
tracks  shown  upon  said  blue  print  hereinbefore  referred  to, 
and  shall  at  all  times  keep  and  bear  harmless  said  City  of  St. 
Paul  from  all  costs  and  expenses  incurred  in  the  defense  of 
any  such  claims. 

2745.  Sec.  4.  The  said  St.  Paul  Union  Depot  Company, 
said  Chicago,  Milwaukee  &  St.  Paul  Railway  Company  and 
the  said  Chicago,  St.  Paul.  Minneapolis  &  Omaha  Railway 
Company,  severally  within  thirty  (30)  days  from  and  after 
the  passage  and  publication  of  this  ordinance,  shall  file  with 
the  City  Clerk,  of  said  City  of  St.  Paul,  a  written  acceptance 
thereof,  in  such  form  as  shall  be  approved  by  the  Corporation 
Attorney  of  said  city. 

Sec.  5.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  publication  and  acceptance. 

WISCONSIN  CENTRAL  RAILROAD  COMPANY. 

Ordinance  No.  974. 

I  Approved  July  5,  1888.  I 

2746.  An  Ordinance  authorizing  the  Minnesota,  St.  Croix 

&  Wisconsin  Railroad  Company  and  its  successors 
to  lay  a  standard  gauge  single  track  railroad  in 
Third  street,  between  its  railroad  yards  and  the 
viaduct. 

The  Common  Council   of  the  City  of  Si.    Paul  do  ordain  as 

follows  : 

Sec.  I.  Thai  there  is  herebj  granted  unto  the  Minne- 
St.  Croix  &  Wisconsin   Railroad  Company,  and  its  suc- 

irs,  and  assigns,  permission  and  authority  under  the  di- 
rection of  the  city  engineer  to  lay  and  henceforth  operate  and 
maintain  a  single  track  railwa)  of  standard  gauge  from  a  poinl 
in  the  railmad  yard  of  said  company,  mar  the  westerly  line 
of  Kin -on  street,  so  called ;  t  hence  along  thai  portion  of  Third 
street,  so-called,  which  lies  between  the  northerly   line  of  the 

viaduct,    as    the    same    is    now    maintained    and    used,    and    the 

northerly  line  of  Third  street,  so-called,  according  to  the  re- 


L086 

>1  plat  thereof,  to  the  westerly  line  of  Willius  street,  in 
Kittson's  addition  to  the  City  of  St.  Paul,  extended  southerly 
to  the  north  line  of  said  viaduct.  And  said  railroad  company 
shall  maintain  and  keep  in  proper  repair,  as  an  approach,  to 
their  delivery  tracks,  all  that  part  of  Third  street  between 
the  east  line  of  Locust  street  and  the  west  line  of  Willius 
street,  lying  north  of  the  approach  of  the  Third  street  viaduct; 
and  shall  maintain  a  proper  plank  crossing  in  front  of  lot 
five  (5),  of  block  sixty-seven  (67),  Kittson's  addition,  and 
shall  keep  the  same  unobstructed  by  cars,  in  order  to  give 
proper  ingress  and  egress  to  and  from  their  delivery  yards  at 
this  point. 

2747.  Sec.  2.  The  Common  Council  reserves  the  right  to 
modify  or  repeal  this  ordinance  at  any  time,  and  said  Minne- 
sota. St.  Croix  &  Wisconsin  Railroad  Company  shall  forth- 
with comply  with  any  modification  of  privileges  hereby  con- 
ferred, in  case  of  repeal  of  this  ordinance,  if  any.  and  when- 
ever the  common  council  shall  so  order  said  railroad  company 
shall  remove  from  said  Third  street  its  said  railroad  track 
and  each  and  every  part  thereof,  and  shall  also  restore  that 
portion  of  said  street  so  occupied  by  it  to  the  condition  in 
which  the  same  was  prior  to  the  construction  of  said  track; 
and  this  said  railroad  company,  by  accepting  this  ordinance, 
bonds  itself,  its  successors  and  assigns     so  to  do. 

2748.  Sec.  3.  This  ordinance  shall  be  of  no  effect  unless 
Minnesota.  St.  Croix  &  Wisconsin  Railroad  Company  shall, 
within  sixty  (60)  days  after  its  passage,  file  with  the  city 
clerk  a  formal  acceptance  of  the  foregoing  terms  and  con- 
ditions, assigned  by  the  proper  officers  of  said  company,  under 
it-  corporate  seal,  accompanied  by  a  certified  copy  of  a  reso- 
lution of  the  board  of  directors  of  said  company  authorizing 
said  officers  to  execute  such  acceptance  in  behalf  of  said  com- 
pany. 

I  As  amended  by  Ord.  1004,  Aug.  21,  1888,  §  1.) 
Sec.  4.     This  ordinance  shall  take  effect  and  be  in  force 
from   and   after   its   passage   and   the   filing  of  the  acceptance 
mentioned  in  section  three   (3)  of  this  ordinance. 


L081 

WISCONSIN  CENTRAL  COMPANY. 

Ordinance  No.  1393. 

(  Approved  August  36,   L890. 1 

2749.  An  Ordinance  granting  permission  to  the  Wisconsin 
Central  Company  to  construct  and  operate  railroad 
tracks  across  Sixth  street  between  blocks  thirty- 
six  (36)  and  thirty-seven  (37)  and  along  the  alley 
in  blocks  thirty-eight  (38),  thirty-nine  (39),  forty 
(40),  forty-one  (41),  forty-two  (42),  forty-three 
(43),  and  forty-four  (44),  Kittson's  addition  to 
St.  Paul. 

The     Common  Council  of  the  City  of  St.   Paul  do  ordain  as 
follows  : 

Sec.  1.  Permission  and  authority  is  hereby  given  to  the 
Wisconsin  Central  Company  to  construct,  maintain  and  oper 
ate  a  railroad  with  one  or  more  tracks  of  standard  gauge  under 
and  across  the  Fallowing  ways,  streets,  and  alleys  in  the  Cit) 
i  t"  St.  Paul,  to-wit:  Under  and  across  Sixth  street,  between 
blocks  thirty-six  (36)  and  thirty-seven  (37),  in  said  Kittsdn's 
Addition,  and  thence  along,  through,  and  upon  the  alley  be- 
tween Fifth  and  Sixth  streets  in  said  addition,  through  blocks 
thirty-eighl  (38),  thirty-nine  (39),  forty  I  MM.  fort}  one  till, 
forty-two   (42),  forty-three   (43)   and   forty-four   ill)   thereof, 

sing  Kittson,  Will.  Willius,  Locust,  John,  <  dive  and  Pine 
streets  to  the  easterly  boundar)  line  of  Broadway  street;  pro 
vided.  that  the  right,  privilege  and  permission  to  maintain 
and  operate  said  railroad  tracks,  or  an)  of  them,  hereunder 
shall  continue  so  long  and  so  long  onl)  as  cars  of  an)  and 
railwa)  compan)  arc  switched  on  and  over  the  same 
without  discrimination  and  without  unreasonable  delay,  and 
ai  ch  hal  are  reasonable,  and  nol  more  than  one  dollai 

and  fifty  cent-  ($1,50)  per  car  in  an)  case. 

2750.  Sec.  2,  Said  railroad  tracks  shall  be  constructed  so 
thai  the  same  shall  pass  below  and  underneath  of  Kittson, 
Will.  Willius,  Locust,  John,  <  >live  and  Pine  stret  is  so  as  nol 
to  interfere  in  an)  manner  whatsoever  with  the  public  travel 
over  said  si  reel  -. 


1088 

Said  railroad  tracks  whore  they  cross  said  streets  shall  be 
bridged  by  a  proper  and  sufficient  iron  or  steel  bridge,  to  be 
constructed  and  maintained  at  the  sole  expense  of  the  said 
Wisconsin  Central  Company,  its  successors,  or  assigns,  in 
accordance  with  the  plans  approved  by  the  city  engineer. 
Provided,  however,  that  all  excavations  made  by  said  Wis- 
11  Central  Company  in  the  construction  of  said  railroad 
shall  be  at  its  own  sole  cost  and  expense. 

2751.  Sec.  3.  Said  Wisconsin  Central  Company  shall,  at 
the  time  of  filing  its  acceptance  of  this  ordinance  with  the 
city  clerk  as  hereinafter  provided,  also  file  with  the  city  clerk 
a  bond  with  sufficient  sureties  to  be"  approved  by  the  city 
comptroller,  running  to  the  City  of  St.  Paul  in  the  sum  of 
seventy-five  thousand  dollars  ($75,000)  ;  conditioned  that  said 
Wisconsin  Central  Company  shall  save  and  hold  harmless 
said  City  of  St.  Paul  from  any  and  all  claims,  demands, 
actions,  right  of  action,  damages  and  liabilities  resulting  from 
or  in  any  manner  connected  with  the  construction  or  opera- 
tion of  said  railroad  and  the  construction  and  maintenance  of 
said  bridges. 

2752.  Sec.  d.  The  rights  and  privileges  hereby  given  are 
granted  upon  the  express  condition  that  the  work  of  con- 
structing said  railroad  shall  commence  within  three  (3) 
months  after  the  acceptance  of  this  ordinance  and  shall  be 
fully  completed  within  eighteen  (18)  months  after  the  ac- 
ceptance thereof;  provided,  that  if  said  Wisconsin  Central 
Company  be  enjoined  from  proceeding  with  the  construction 
of  said  railroad  by  order  or  injunction  of  any  court  the  time 
during  which  it  shall  be  so  enjoined  shall  be  allowed  said 
company  for  the  completion  of  said  work  in  addition  to  the 
eighteen  (18)  months  above  mentioned. 

2753.  Sec.  5.  In  the  construction  of  said  railroad  not  more 
than  two  (2)  streets  under  which  it  runs  shajl  be  closed  to 
public  travel  at  the  same  time. 

2754.  Sec.  6.  Said  grantee  shall  comply  with  all  police 
regulations  of  the  City  of  St.  Paul  now  in  force  or  hereafter 
enacted. 


1089 

2755.  Sec.  7.  Said  Wisconsin  Central  Company  shall, 
■within  sixty  (60)  days  after  the  passage  of  this  ordinance,  in- 
dicate its  acceptance  of  the  same  by  filing  such  acceptance 
with  the  city  clerk  in  such  form  as  may  be  approved  by  the 
corporation  attorney. 

Sec.  8.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 


PART  VI. 
TELEPHONE  AND  TELEGRAPH  ORDINANCES. 


1093 

ST.    PAUL    AND    MINNEAPOLIS    MESSENGER    AND 
TELEPHONE  COMPANY. 

Ordinance  No.  1343. 

(Approved  May  21,  1890.) 

2756.  An   Ordinance  to   authorize  the   St.   Paul  and   Min- 

neapolis Messenger  and  Telephone  Company  to 
erect,  construct  and  maintain,  telegraph  and  tele- 
phone wires  within  the  City  of  St.  Paul,  in  the 
state  of  Minnesota. 

The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 

follows : 

Sec.  1.  Authority  is  hereby  given  and  granted  to  the  St. 
Paul  and  Minneapolis  .Messenger  and  Telephone  Company  to 
erect,  construct  and  maintain  telegraph  and  telephone  wires 
over  and  along  all  public  streets  and  public  alleys  in  the  City 
of  St.  Paul,  County  of  Ramsey,  and  State  of  Minnesota,  here- 
inafter designated,  and  upon  such  other  and  further  public 
streets  and  alleys  in  said  City  of  St.  Paul,  as  the  common 
council  of  said  city  may  hereafter  designate,  upon  poles,  or 
buildings,  that  may  now.  or  hereafter,  be  constructed  and 
maintained  in  said  city,  by  any  person  or  corporation,  by  and 
with  the  consent  of  the  person  or  corporation  owning  or 
maintaining  said  pole  or  buildings. 

2757.  See.  2.  That  such  wires  so  to  be  laid  and  construct- 
ed upon  such  poles  and  buildings,  by  said  St.  Paul  and  Minne- 
apolis Messenger  and  Telephone  Company,  shall  be  subject 
to  the  same  laws  and  ordinance-,  regulating   the  laying  and 

maintaining  of  telegraph,   telephone,  or  electric    wires,   in   said 

City  of  St.  Paul,  which  may  now  exist  or  which  nia\  hereafter 
b<  passed  by  the  common  council  of  the  City  of  St.  Paul ;  and 
provided  further,  thai  whenever  the  common  council  of  said 
City  of  St.  Paul  may  order  the  same  to  be  done,  said  wires 
shall  be  b\  -aid,  the  St.  Paul  and  Minneapolis  Messenger  and 
Telephone  Company,  placed  underground  in  the  manner  and 

according  to   the   direction-,   hy    said    common   council. 

2758.  Sec.  :;.     That  the  following  streets  are  hereby  di 
nated  for  the  laying  of  said  wires,  as  provided  in  section  one 

(1)   of  this   ordinance,  to  wit  :      From    ".' 1    Wesl    Fifth    street    to 


lii'.H 

\\  abasha  street  :  thence  north  on  the  cast  side  of  Wabasha 
Street  to  Seventh  street  ;  thence  east  on  the  north  side  of  Sev- 
enth street  to  Olive  street:  thence  west  on  the  south  side  of 

Seventh  street  to  Jackson  street;  thence  on  the  east  side  of 
Jackson  street  to  Fifth  street;  thence  from  Fifth  street  to  Sib- 
ley street;  thence  south  on  Sibley  street  to  Fourth  street; 
thence  west  on  Fourth  street  to  [Minnesota  street;  thence 
south  on  Minnesota  street  to  Third  street;  thence  west  on 
Third  street  to  Cedar  street;  thence  north  on  Cedar  street  to 
Fifth  street;  thence  west  on  Fifth  street  to  21  \Yest  Fifth 
street,  the  place  of  beginning. 

Sec.    1.     This  ordinance  shall  be  in  force  from  and  after 
its  passage. 

ST.   PAUL   DISTRICT  TELEGRAPH   COMPANY. 
From  Article  LXXX.,  Municipal  Code  1884. 

2759.  Sec.  30.  That  authority  is  hereby  granted  to  the  St. 
Paul  District  Telegraph  Company  to  erect  and  maintain  tele- 
graph poles  and  to  string  telegraph  and  telephone  wires  there- 
on, through  the  City  of  St.  Paul,  upon  such  streets  and  alleys 
as  shall  be  designated  for  that  purpose,  by  the  city  engineer 
and  the  chief  of  the  fire  department  of  said  city. 

(Orel.  May  20,  1884,  §  1.) 

2760.  Sec.  31.  All  poles  erected  under  this  ordinance,  shall 
be  planed  and  painted,  and  be  of  such  size,  and  shall  be  placed 
at  such  points  on  the  margin  of  the  sidewalks,  as  shall  be  des- 
ignated by  the  city  engineer  and  the  chief  of  the  fire  depart' 
ment,  and  shall  be  erected  and  said  wire  strung  thereon  under 
the  supervision  and  subject  to  the  inspection  and  control  of 
said  officers. 

2761.  Sec.  32.  Whenever  any  street,  on  which  any  tele- 
graph pole  shall  have  been  set  under  this  ordinance  shall  be 
graded  or  paved,  the  said  company  shall,  whenever  required 
by  the  city  engineer,  at  its  own  cost,  reset  said  poles,  so  as  to 
conform  to  the  street  as  reconstructed. 

(Id.  §3.) 

2762.  Sec.  33.  All  the  proceedings  of  said  St.  Paul  Dis- 
tiict  Telegraph  Company  under  this  ordinance  shall  be  sub- 


1095 

ject  to  any  ordinance  regulating  the  laying'  of  telegraph  and 
telephone  wires  in  the  City  of  St.  Panl  which  now  exist  or 
may  hereafter  be  passed  by  the  common  council  of  said  city, 
so  far  as  the  same  shall  be  applicable  to  the  lines  of  said  corn- 
pan  v. 

(Id.  §4.) 

RAPID   TRANSIT   TELEGRAPH    COMPANY. 
From  Article  LXXX.,  Municipal  Code  1884. 

2763.  Sec.   21.     That   authority  is  hereby   granted   to   the 

Rapid  Transit  Telegraph  Company  to  erect  and  maintain 
telegraph  poles,  and  to  string  telegraph  wires  thereon, 
through  the  City  of  St.  Paul,  upon  such  streets  and  alleys  as 
shall  be  designated  for  that  purpose  by  the  city  engineer  and 
the  chief  of  fire  department  of  said  city. 

(Ord.   Feb.   7,   L884,  §  1.) 

2764.  22.  All  poles  erected  under  this  ordinance  shall 
be  planed  and  painted,  and  shall  be  of  such  size  and  shall  be 
placed  at  such  points  on  the  margin  of  the  sidewalks  as  shall 
be  designated  by  the  city  engineer  and  the  chief  of  the  fire  de- 
partment, and  shall  be  erected  and  said  wires  strung  thereon 
under  the  supervision  and  subjed  to  the  inspection  and  con 
trol  of  said  officers. 

(Id.  §2.) 

2765.  23.     Whenever  an)    street    on    winch   an}    tele- 
graph pole  shall  have  been   >el  under  this  ordinance,  shall  be 
graded  or  paved,  the  said  company  shall,  whenever  required 
by  the  city  engineer,  at  its  own  cost,  resel  said  poles 
conform  to  the  street  as  reconstructed. 

I  Id.  §3.) 

2766.  Sec.  24.  All  the  proceeding  id  Rapid  Transit 
Telegraph  Companj  under  this  ordinance,  shall  be  subject  to 
any  ordinance  regulating  the  laying  of  telegraph  and  tele- 
phone wire-  in  the  City  of  St.  I  'anl.  which  now  exist  or  ma_\ 
Inn  aider  be  pa— ed  by  the  common  council  of  said  city, 

as  the  same  shall  be  applicable  to  the  lines  of  said  company. 

(Id.  §  l.» 
(Rights  forfeited  under  resolution  of  Council  approved   May 

29,  L900,  i 


L096 

AMERICAN  DISTRICT  TELEGRAPH  COMPANY. 

Ordinance  No.  748. 

(Approved  January  5,   1887.) 

2767.  An    Ordinance   to   authorize    the    American    District 

Telegraph  Company  of  St.  Paul,  Minnesota,  to 
erect  telegraph  poles  within  the  city  limits  of  the 
City  of  St.  Paul. 

The   Common   Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  authority  is  hereby  given  and  granted  to 
the  American  District  Telegraph  Company  of  St.  Paul.  Min- 
nesota, to  erect  and  maintain  telegraph  poles  and  to  string 
telegraph  and  telephone  wires  thereon  through  the  City  of 
St.  Paul  upon  such  streets  and  alleys  as  shall  be  designated  for 
the  purpose  by  the  common  council  of  said  City  of  St.  Paul. 

2768.  Sec.  2.  That  said  company  shall  within  two  (2) 
months  from  the  passage  of  this  ordinance  and  grant,  if  re- 
quested by  the  fire  department  of  said  City  of  St.  Paul,  pro- 
ceed to  establish  and  maintain  a  complete  electrical  circuit  or 
circuits  including  its  own  central  office  and  the  headquarters 
or  the  city  fire  department  as  well  as  engine  houses  number 
one  (1),  corner  St.  Peter  and  Seventh  streets;  number  two 
(2),  corner  Wacouta  and  Seventh  streets;  number  three  (3), 
corner  Ramsey  and  Leech  streets;  number  four  (4),  corner 
Tenth  and  Broadway  streets;  number  five  (5),  corner  Selby 
and  Mackubin  streets;  number  seven  (7),  corner  Ross  and 
Earl  streets;  and  shall  also,  subject  to  the  approval  of  the 
chief  of  the  fire  department  and  of  the  superintendent  of  the 
city  fire  department  fire  alarm  lines,  place  in  such  fire  depart- 
ment headquarters  and  other  branches  of  the  same  as  desig- 
nated, all  apparatus,  run  all  lines,  and  perfect  all  connections 
required  for  the  purpose  of  enabling  those  having  the  call 
boxes  of  said  company  to  instantly  notify  said  department  in 
case  of  fire,  and  that  such  apparatus,  wires,  and  connections 
shall  be  so  placed  and  maintained  by  said  company  -at  its 
own  expense,  and  upon  the  further  condition,  that  said  com- 
pany shall  as  early  as  practicable  after  requested  by  the  board 


of  education  of  said  city,  place,  connect, and  maintain  one  of  its 
notice  and  tire  alarm  signal  boxes  in  the  high  school  building 
and  in  each  of  the  ward  school  buildings  in  said  city  located 
within  two  (2)  miles  of  the  central  station  of  said  department, 
and  maintain  the  same  until  otherwise  ordered,  and  shall  also 
place  and  maintain  boxes  with  complete  circuits  in  all  the 
police  stations  of  the  city  forthwith. 

2769.  Sec.  3.  All  poles  erected  under  this  ordinance  shall 
be  planed  and  painted,  and  shall  be  of  such  size  and  of  a  height 
of  not  less  than  forty  (40)  feet  above  the  surface  of  the 
ground,  and  shall  be  placed  at  such  points  on  the  margin  of 
the  street  side  of  the  sidewalk  as  shall  be  designated  by  the 
city  engineer  and  the  chief  of  the  fire  department  of  said  city. 
and  shall  be  erected  and  said  wires  strung  thereon  under  the 
supervision  and  subject  to  the  inspection,  supervision,  and 
control  of  said  officers. 

2770.  See.  4.  Whenever  any  street  on  which  any  tele- 
graph pole  shall  have  been  set  under  this  ordinance  shall  be 
graded  or  paved,  the  said  company  shall,  when  required  by 
the  city  engineer,  at  its  own  cost  and  expense,  reset  said  poles 
so  as  to  conform  to  the  street  as  reconstructed  and  as  in  the 
third  section  in  this  ordinance  provided. 

2771.  See.  5,  All  the  proceedings  of  said  American  Dis- 
trict Telegraph  Company  under  this  ordinance  shall  be  sub- 
ject to  any  ordinance  regulating  the  laying  of  telegraph  wires 
in  the  City  of  St.  Paul,  which  now  exists  (or  may  hereafter 
be  passed  by  the  common  council  of  said  eitv,  so  far  as  the 

same    shall    be    applicable    to    the    line    of    this    company),    and 

whenever,  or  in  case  any  other  corporation  or  corporations, 
compan)    or  companies,  person  or  persons,  firms  or  associa 
tions,  as  shall  desire  to  use  the  poles  so  erected  1>\  said  Ameri- 
can Distrid  Telegraph  Company  as  heieinabove  provided,  and 
authorized  for  the  purpose  of  supporting  wires  for  any  pur 
pose  authorized  1>\  the  common  council  of  St.  Paul,  such  com 
pan}  or  companies,  corporation  or  corporations,  person  or  pei 
sons,  linns  oi  iiions,  shall  he  allowed  and  permitted  to 

do  so  upon  paying  to  said  American  Distrid  Telegraph  Com- 
pany, or  its  successors,  the  proportionate  share  of  the  cost  of 


L098 

procuring  and  erecting  such  poles,  to  be  determined  as  fol- 
lows: Upon  the  erection  of  poles  upon  any  of  the  said  streets 
or  alleys,  said  American  District  Telegraph  Company  of  St. 
Paul  shall  immediately  report  to  the  city  engineer  the  actual 
cost  of  such  poles  as  erected,  and  said  city  engineer  .shall  as- 
certain and  determine  the  actual  cost  of  poles  so  erected,  and 
certify  the  amount  which  he  shall  find  to  be  correct,  and  keep 
a  record  thereof  in  his  office  for  public  inspection.  Upon  the 
first  application  for  the  use  of  the  poles  erected  thereunder  the 
applicant  shall  pay  to  the  said  American  District  Telegraph 
Company  one-half  iTji  of  said  actual  cost  of  said  poles  of 
which  the  use  thereof  is  asked  and  desired  for  the  purpose 
aforesaid,  so  determined  by  said  city  engineer;  and  in  case  of 
a  second  application  for  the  use  of  the  same  poles,  the  appli- 
cant shall  pay  one-third  ( 1-3  )  of  such  cost,  the  same  to  be  di- 
vided equally  between  the  American  District  Telegraph  Com- 
pany of  St.  Paul  and  the  first  applicant;  and  successive  appli- 
cants shall  pay  their  proportionate  share  of  such  costs,  the 
same  to  be  divided  proportionately  in  like  manner,  and  all  ap- 
plicants so  paying  their  proportionate  share  of  the  cost  of  said 
poles,  as  aforesaid,  shall  become,  and  by  common  consent, 
joint  owners  with  said  American  District  Telegraph  Com- 
pany of  St.  Paul  of  said  poles,  and  shall  be  entitled  to  use 
them,  or  that  part  and  portion  thereof  paid  for  as  aforesaid 
for  the  purposes  granted,  and  be  subject  to  all  the  provisions 
and  requirements  of  this  ordinance,  the  same  as  is  the  Ameri- 
can District  Telegraph  Company  of  St.  Paul.  Minnesota. 

2772.  Sec.  6.  Any  transfer  or  sale  by  the  said  American 
District  Telegraph  Company,  of  St.  Paul,  Minnesota,  of  the 
rights  and  franchises  hereby  granted  to  any  other  person  or 
persons,  firms,  associations,  companies,  corporations,  or  any 
consolidation  by  said  American  District  Telegraph  Com- 
pany with  any  other  person  or  persons,  firms,  associations, 
corporations,  or  companies,  of  the  rights  and  franchises  here- 
by granted,  shall  operate  as  an  absolute  repeal  of  this  ordi- 
nance :  provided,  that  no  purchase  by  said  American  District 
Telegraph  Company  of  the  rights,  franchises,  stock,  or  other 
property  of  any  person,  persons,  firms,  associations,  or  cor- 
porations shall  act  as  a  repeal  of  this  ordinance. 


1099 

Sec.   7.     This  ordinance  shall  he  in  force  from  and  after 
its  passage. 

AMERICAN    TELEPHONE    AND    TELEGRAPH    COM- 
PANY. 

Ordinance  No.  2051. 

(Approved  May  24,  1899.) 

2773.  An  Ordinance  granting  to  the  American  Telephone 

and  Telegraph  Company  of  Minnesota,  its  succes- 
sors and  assigns,  authority  to  construct,  operate 
and  maintain  a  telephone  and  telegraph  system  in 
the  City  of  St.  Paul. 
The  Common  Council  of  the  City  of  St.  Paul  do  ordain  as 
follows  : 

Sec.  1.  There  is  hereby  granted  to  the  American  Tele- 
phone and  Telegraph  Company  of  .Minnesota,  a  corporation 
organized  under  the  provisions  of  Title  one  (  I  ).  Chapter  thir- 
ty- f<  iur  (34  ».  Genera]  Statutes,  L894,  of /the  State  of  Minnesota, 
;ts  successors  and  assigns,  for  a  period  of  twenty-five  (25) 
yc  ar>  from  the  acceptance  of  this  ordinance,  as  hereinafter 
provided,  the  right  and  authority,  subjeel  to  the  provisions  of 
'his  ordinance  and  of  Ordinance  Mo.  1764  of  said  City  of  St. 
Paul,  approved  June  7,  1894,  regulating  and  restricting  the 
placing  of  poles  in  the  streets  of  St.  Paul,  to  erect  poles,  wires, 
fixtures  and  electrical  conductors,  and  to  construct,  maintain 
and  repair  conduits,  with  the  necessary  manholes  and  surface 
pipes  For  the  purpos<  of  conducting  and  distributing  the  iv 
sary  wires  and  cables  upon,  :i1"Iil:.  in  ami  under  the  streets, 
alleys  ami  public  places  in  the  City  of  St.  Paul,  ami  also  t" 
repair,  replace  ami  enlarge  ami  extend  the  same,  and  for  the 
purpose  of  maintaining  and  operating  lines  of  telephone  and 
t<  legraph  within  the  c  'it  \  of  St.  Paul,  ami  to  places  beyond  the 
city  limits  of  -air I  city. 

2774.  2,  The  privileges  hereb)  granted  are  made  sub- 
ject to  the  provisions  of  ;ill  ordinances  "t~  tin-  Cit)  of  St.  Paul 
now  in  force  or  which  may  hereaftei  be  enacted  h\  said  city, 
regulating  and  controlling  telephone  and  telegraph  com- 
panies, which   -hall  he  operative  ami  binding  upon  all   such 


1100 

companies  using  the  streets  and  alleys  in  said  city  for  tele- 
phone or  telegraph  lines,  and  in  addition  to  being  subject  to 
the  provisions  of  such  ordinances  said  company  shall  comply 
with  all  the  police  regulations  now  or  hereafter  enacted,  and 
should  said  grantees,  their  successors  or  assigns  at  any  time 
fail  or  refuse  to  comply  with  any  of  the  provisions  in  this 
ordinance  contained,  or  hereafter  enacted,  subject  to  the  limi- 
tations in  this  ordinance  specified,  then  said  grantees,  their 
successors  or  assigns  shall  forfeit  all  right,  title  and  privileges 
by  this  ordinance  granted  and  conferred,  and  this  ordinance 
shall  thereupon  be  null  and  void. 

2775.  Sec.  3.  All  poles  erected  shall  be  neat,  symmetrical 
and  painted,  and  no  electrical  conductor  shall  be  placed  there- 
on less  than  twenty  feet  above  the  surface  of  the  ground,  but 
no  pole  shall  be  placed  or  maintained  upon  either  side  of  the 
following  named  streets,  or  in  the  territory  bounded  thereby, 
namely : 

Commencing  on  the  west  side  of  Eagle  street  on  the  north 
bank  of  the  Mississippi  river;  running  thence  along  the  west 
line  of  Eagle  street  to  the  south  line  of  Seventh  street ;  thence 
along  the  south  line  of  Seventh  street  to  the  west  line  of 
Chestnut  street ;  and  thence  along  the  wrest  line  of  Chestnut 
street  to  the  north  line  of  Pleasant  avenue  ;  and  thence  along 
the  north  line  of  Pleasant  avenue  to  the  westerly  line  of  Third 
street ;  and  thence  along  the  westerly  line  of  Third  street  to 
the  north  line  of  Summit  avenue  ;  and  thence  along  the  north 
line  of  Summit  avenue  to  the  east  side  of  Robert  street;  and 
thence  along  the  east  side  of  Robert  street  to  the  north  side 
of  Twelfth  street ;  thence  along  the  north  side  of  Twelfth 
street  to  the  east  side  of  Jackson  street;  thence  along  the  east 
side  of  Jackson  street  to  the  north  side  of  Grove  street:  thence 
along  the  north  side  of  Grove  street  to  the  east  side  of  Broad- 
way street;  thence  along  the  east  side  of  Broadway  street 
to  the  north  side  of  Eighth  street ;  thence  along  the  north 
side  of  Eighth  street  to  the  east  side  of  Kittson  street; 
thence  along  the  east  side  of  Kittson  street  to  the  south 
side  of  Fourth  street;  thence  along  the  south  side  of  Fourth 
street  to  the  east  side  of  Broadway  street ;  thence  along 
the    east    side   of     Broadway  street  to  the  north  bank  of    the 


1101 

Mississippi  river;  thence  along  the  north  bank  of  said  river  to 
the  point'  of  beginning".  Provided,  however,  that  the  said 
grantees  may  use.  so  long  as  the  same  are  maintained  there- 
on, any  poles  now  erected  on  any  ot  the  streets  of  said  city 
and  outside  of  the  above  described  territory  belonging  to  any 
other  company  or  companies,  under  such  agreement  as  it  may 
make  with  the  owners  of  such  poles. 

2776.  Sec.  4.  No  work  shall  be  done  upon  any  of  the 
streets,  alleys  and  public  grounds  of  the  City  of  St.  Paul,  un- 
der this  ordinance,  until  such  streets,  alleys  and  public 
grounds  shall  be  designated  and  determined  by  resolution  of 
the  Common  Council. 

The  work  of  erecting  poles  and  constructing  subways, 
by  virtue  of  this  ordinance,  shall  be  done  under  the  super- 
vision  of  the  City  Engineer  of  the  City  of  St.  Paul,  and  the 
said  American  Telephone  and  Telegraph  Company  shall  re- 
place and  properly  relay  any  sidewalk  or  streets  that  may 
be  displaced  by  reason  of  the  erection  or  construction  of  such 
poles  or  subways,  and  in  the  opening  and  refilling  of  all  open- 
ings made  as  aforesaid,  and  in  the  relaying  of  pavements,  and 
in  all  worlc  necessary  to  complete  the  restoration  of  the 
streets,  pavements,  sidewalks  or  grounds  to  any  equally  good 
condition  a-  when  disturbed,  the  said  grantees  herein,  their 
successors  or  assigns,  or  their  contractors  or  employes,  shall 
be  under  tin-  supervision  of  tin-  City  Engineer  <>t"  the  Cii\  of 
Si.  Paul,  or  -mli  other  officer  as  the  City  of  Si.  Paul  may 
designate -for  that  purpose,  and  -hall  promptbj  comply  with 
any  orders  in  reference  thereto,  and  in  case  of  failure  --11  to 
do,  after  thirty  days'  notice  in  writing  shall  have  been  given 
on  behalf  of  -aid  (iiy  to  said  company,  the  eit\    may  repair 

such    portion    of   the   sidewalk   or    Streel     that     may    have   been 

disturbed  by  said  company,  and  the  grantees  shall  pa)   there- 
for, and  all  of  -aid  work-  shall  be  done  ai  the  cosl  of  said  gran- 
and  the  -aid  grantees  shall  not  be  permitted  i"  construct 

additional    line-    until    SUCh    COSl    i-    paid,    nor    -hall    an\     Si 

avenue  or  alley  or  other  public  place  be  allowed  to  remain 
open' and   encumbered    for  a   longer   lime   than   is   i, 
to  execute   the   work    for   which   the   same  has  been   opened, 
such    period    in    n  d   ten   days,  and   in   all   i 


1  ld-2 

where  the  work  requires  the  exercise  of  skill,  the  said  grantees 
shall  employ  none  but  skilled  workmen  for  the  execution  of 
such  work.  In  case  said  company's  lines  shall  be  found  to 
interfere  with  the  change  of  grade  of  any  street,  or  with  any 
public  improvement,  said  company  shall,  upon  receiving  no- 
tice thereof  from  the  City  of  St.  Paul,  reset  said  poles,  at  its 
own  expense,  so  as  to  conform  with  such  change  of  grade  of 
said  improvement;  but  no  greater  change  shall  be  directed 
than  such  as  is  necessary  to  avoid  such  interference. 

Nothing  herein  granted  shall  be  construed  as  giving  said 
company  any  right  to  dig  up  or  impair  any  paving  upon  any 
street  in  said  city  where  the  City  of  St.  Paul  holds  a  contract 
or  guarantee  with  the  parties  who  put  such  pavement  down 
without  first  having  obtained  the  written  consent  of  each 
guaranteeing  party. 

2777.  Sec.  5.  In  consideration  of  the  rights  and  privileges 
herein  granted,  said  company  shall  provide  one  ten-pin  cross- 
arm  on  each  pole,  and  one  duct  in  each  and  all  subways  con- 
structed by  virtue  of  this  ordinance,  and  shall,  without  cost  to 
the  City  of  St.  Paul,  draw  in,  furnish  and  maintain  in  working 
order  all  wires  and  conductors  required  on  or  along  such 
streets  or  parts  of  streets  by  the  City  of  St.  Paul  for  its  tele- 
graph, telephone  and  fire  alarm  purposes,  and  which  can  be 
placed  on  said  cross-arm  or  in  such  duct. 

Whenever  the  franchises  hereby  granted  for  a  local  tele- 
phone business  shall  be  used,  said  company,  its  successors,  or 
assigns,  in  consideration  of  the  privileges  hereby  granted  to 
them,  shall  furnish  and  maintain,  without  cost  to  the  City  of 
St.  Paul,  twenty  (20)  sets  of  telephones  for  use  for  local  ser- 
vice by  said  city,  and,  in  addition  thereto,  all  other  telephones 
ordered  by  said  City  for  public  use  for  local  service,  in  its  de- 
partments, at  one-half  the  rates  charged  other  parties  for 
similar  service. 

2778.  Sec.  6.  Said  company,  within  ninety  days,  shall 
construct  and  thereafter  maintain  its  lines  between  said  City 
of  St.  Paul,  in  the  State  of  Minnesota,  and  the  City  of  Chi- 
cago, in  the  State  of  Illinois,  and  so  connect  said  line  with 
such  other  cities  in  the  United  States  as  are  or  may  be  con- 
nected by  said   company's   telephone    system   with   said   City 


1103 

of  Chicago  or  are  embraced  in  its  circuit  of  connections  be- 
tween said  City  of  Chicago  and  other  cities  in  the  United 
States,  so  that  telephonic  communication  may  be  had  between 
said  cities  and  each  of  them  and  said  City  of  St.  Paul  con- 
tinuously thereafter,  and  shall  furnish  and  maintain  such  ser- 
vice and  connections,  unless  prevented  by  physical  or  atmos- 
pheric conditions,  delays  occasioned  by  the  act  of  God,  the 
public  enemies  or  litigation  excepted. 

Provided,  in  case  said  American  Telephone  and  Tele- 
graph Company  of  Minnesota  should  ever  construct  a  local 
exchange  under  the  rights  by  this  ordinance  granted,  all  tele- 
phones connected  with  the  said  local  exchange  shall  be  con- 
nected by  metallic  circuits,  or  in  some  other  way  equally  as 
good. 

2779.  Sec.  7.  Nothing  in  this  ordinance  shall  be  so  con- 
strued as  to  absolve  said  grantees,  their  successors  or  assigns, 
from  any  legal  liability  or  proceedings  to  restrain  or  abate 
any  nuisance  arising  from  the  construction  or  operation  of 
said  conduits  or  subways,  nor  from  any  liability  for  any  injury 
to  person  or  property  resulting  from  the  negligence  of  the 
grantees  herein,  their  successors  or' assigns,  or  their  con- 
tractors, servants  or  employes,  in  the  doing  of  the  work  an 
thorized  by  this  ordinance,  nor  to  render  the  City  of  St.  Paul 
liable  to  any  person  or  corporation  for  any  damage  caused  by 
the  doing  of  such  work,  or  the  operation  of  such  telephone  or 
telegraph  system  by  said  grantees,  their  successors  or  at  - 
signs,  and  -aid  grantees,  their  successors  or  assigns  shad  pro- 
ted  and  save  the  City  of  St.  Paul  harmless  Erom  any  and  all 
suits  or  claims  for  injuries  or  damages  arising  from  their  neg- 
ligence, or  thai  of  their  contractors,  servants  or  employes,  in 
the  doing  of  the  said  work  or  the  operation  of  said  telephone 
or  telegraph  system. 

2780.  See.  s.  The  rights  and  privileges  granted  by  this 
ordinance  are  upon  the  condition  thai  should  the  said  Vmeri- 
can  Telephone  and  Telegraph  Company,  its  successors  and 
assigns  ever  install,  maintain  and  operate  a  local  telephone 
exchange  under  this  ordinance,  in  the  Cit)  of  St.  Paul,  it  shall 
pay  as  compensation,  and  as  a  consideration  for  the  use  .,i  the 
streets,  avenues  and  alleys  and   public  grounds  of  said  city 


1104 

for  the  purposes  of  such  local  telephone  exchange,  the   full 

sum  ami  amount  of  3  per  cent  of  the  gross  earnings  from 
local  telephone  service  rendered  by  such  local  exchange  in 
the  City  of  St.  Paul,  annually,  into  the  City  Treasury  of  said 
city,  For  the  use  and  benefit  of  said  city,  said  payment  to  be 
made  on  or  before  the  first  day  of  January  of  each  and  every 
year  from  and  after  such  local  exchange  shall  have  been  in- 
stalled and  put  in  actual  operation  by  said  American  Tele- 
phone and  Telegraph  Company.  And  for  the  purpose  of  as- 
certaining the  gross  earnings  from  local  telephone  service  by 
said  company,  upon  which  payment  shall  be  made  as  afore- 
said, an  accurate  account  of  the  earnings  from  local  service 
of  any  local  telephone  exchange  which  may  be  installed  in  St. 
Paul  by  said  company  shall  be  kept  by  said  company,  and  an 
abstract  and  account  thereof  furnished  by  it  to  the  City  Treas- 
urer of  said  City  of  St.  Paul  on  or  before  the  loth  day  of  De- 
cember of  each  year,  which  abstract  shall  be  verified  by  the 
oath  of  the  president  and  secretary  of  said  company,  and  for 
the  purpose  of  verifying  such  statements  the  books  of  said 
company  shall  at  all  times  be  open  for  inspection  by  such  of- 
ficer, person  or  person's  as  may  be  appointed  for  the  purpose 
by  the  Common  Council  of  said  city. 

2781.  Sec.  9.  The  said  American  Telephone  and  Tele- 
graph Company  shall  not  at  any  time  transfer  its  stock,  or  any 
part  thereof,  or  its  rights,  or  any  part  thereof,  or  any  of  its 
property  or  effects  connected  with  or  used  for  the  maintenance 
or  operation  of  a  local  telephone  exchange,  to  any  telephone  or 
other  company  now  or  hereafter  operating  a  local  exchange 
within  the  City  of  St.  Paul,  or  make  any  consolidation  of  its 
local  telephone  exchange,  or  its  local  telephone  exchange 
business,  with  any  such  company,  without  the  consent  of  the 
Common  Council  of  the  City  of  St.  Paul,  to  be  expressed  by 
a  resolution  passed  by  a  two-thirds  vote  of  all  the  members  of 
each  body  of  such  Council,  authorizing  such  transfer,  sale  or 
consolidation.  And  the  local  telephone  exchange  system  to 
be  constructed  under  this  franchise  shall  at  no  time  be  oper- 
ated under  any  other  telephone  franchise  heretofore  granted 
by  the  City  of  St.  Paul. 


1105 

2782.  Sec.  10.  The  said  company,  its  successors  and  as- 
signs shall  do  all  its  current  banking  business-  in  connection 
with  its  business  in  the  City  of  St.  Paul,  with  hanks  located 
in  said  city,  and  as  far  as  practicable  employ  residents  of  St. 
Paul,  and  as  far  as  practicable,  quality  and  cost  being  equal, 
purchase  the  necessary  material  used  in  the  construction, 
maintenance  and  repair  of  so   much   of   its  telephone   system 

shall  be  situated  within  the  corporate  limits  of  the  Cit\    of 
St.  Paul  from  St.  Paul  parties. 

2783.  Sec.  11.  Within  thirty  days  after  the  passage  of 
this  ordinance,  and  before  the  commencement  of  the  doing 
ct  an}-  of  the  work  authorized  by  this  ordinance,  the  grantees 
herein,  their  successors  or  assigns  shall  execute  to  the  City  of 
St.  Paul  a  bond  in  the  sum  of  five  thousand  dollars,  con- 
ditioned that  said  grantees,  its  successors  or  assigns  shall  in- 
demnify and  save  said  city  harmless  against  all  suits,  dam- 
ages, costs  and  expenses  that  shall  in  any  way  result  to  the 
said  city  from  the  doing  of  any  of  the  work  authorized  by  this 
ordinance,  or  the  operating  of  such  telephone  or  telegraph 
system;  said  bond  shall  also  be  further  conditioned,  thai  said 
grantee,  its  successors  and  assigns  shad  comply  faithfully 
with  each  and  every  one  of  the  terms  and  conditions  of  this 
ordinance,  as  in  this  ordinance  specified;  said  bond  shall  he 
signed  by  said  grantee  and  by  two  oi  more  good  ami 
sufficient  .  or  corporation  surety  bond  to  be  approved 
by  the  City  Comptroller,  who  shall  reporl  to  the  Common 
Council  al  least  once  a  year  as  to  the  liability  of  said  sureties, 
and  should  tiie  Common  Council  of  -aid  Cil\  of  St.  Paul,  by 
resolution,  deem  the  sureties  on  such  bond  insufficient  at  any 
time  during  the  continuance  of  this   franchise,   the 

herein,  its  su  hall,  within  thiru  days  after 

notice  of  such   resolution   has  been   served   upon   the   proper 
oilier]-  of  said  company,  or  person  in  charge  of  die  •  1 . 
said  work,  or  the  operating  of  said  system,  within  said  City 
Paul,  til'   a  new  bond,  with  good  and  sufficienl  sureties, 
such  as  -hall  !><■  approved  by  the  -aid  City  Comptroller. 

2784.  1'.'.  Nothing  in  this  ordinance  shall  be  con- 
strued a-  granting  to  the  said  company  any  exclusive  right, 
or  a-  pre  enting    aid  city  from  granting  similar  privilegi 


1   I  (Mi 

other  individuals  or  companies  for  like  purposes  in  the  public 
streets  of  said  city. 

2785.  Sec.    13.     This   franchise   or    privilege    is   made   ex- 
sly  subject  to  all  the  provisions  of  Ordinance  No.   1675, 

approved  April  22,  is'.):',,  the  same  being  an  ordinance  entitled 
"An  ordinance  regulating  and  controlling  the  placing  and 
operating  of  a  telegraph,  telephone  and  other  electric  wires 
and  conductors  underground,"  except  so  far  as  the  provisions 
of  Ordinance  Xo.  1675,  may  be  inconsistent  with  the  pro- 
visions  of  this  ordinance. 

2786.  Sec.  14.  All  of  the  terms  and  conditions  of  this  ordi- 
nance shall  be  binding  upon  the  successors  and  assigns  of  said 
American  Telephone  and  Telegraph  Company. 

2787.  Sec.  15.  Said  company  shall  file  with  the  City  Clerk 
of  the  City  of  St.  Paul,  within  thirty  days  from  and  after  the 
passage  and  publication  of  this  ordinance,  its  written  accept- 
ance hereof,  in  such  form  as  shall  be  approved  by  the  Corpor- 
ation Attorney  of  the  City  of  St.  Paul,  and  shall  thereby  agree 
to  be  bound  by  all  the  provisions  and  recitals  therein  con- 
tained. 

Sec.  16.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  publication  and  acceptance,  and 
the  riling  of  the  bond  mentioned  in  Section  XI.  of  this  ordi- 
nance. 


AMERICAN  UNION  TELEGRAPH  COMPANY. 

From  Article  LXXX.,  Municipal  Code  1884. 

2788.  S<c.  '..     That  to'authorize  the  American  Union  Tele- 

graph Company  to  erect  telegraph  poles  within  the  City  of 
St.  Paul,  said  company  must  first  file  in  the  office  of  the  city 
engineer  a  written  application,  showing  upon  what  street  or 
streets  said  company  desires  permission  to  erect  said  poles, 
together  with  the  whole  manner  of  constructing  said  tele- 
graph poles,  as  to  the  length  of  the  poles,  depth  in  ground,  and 
their  position,  which  application,  if  approved  by  the  city  engi- 
neer and  the  chief  engineer  of  the  fire  department,  shall  be 


nor 

deemed  as  permission  to  erect  said  poles  to  the  extent  of  said 
approval. 

(Ord.   approved  Dec.   9,   1880,  §  1.) 

2789.  Sec.  8.  The  poles  hereby  authorized  to  be  erected, 
shall  be  planed  and  painted,  and  shall'  be  set  in  the  sidewalk 
close  to  the  gutter  or  curb,  unless  special  directions  are  other- 
wise given  by  the  city  engineer;  all  poles  must  be  erected  to 
the  satisfaction  and  approval  of  said  engineer. 

(Id.  §  2.) 

2790.  Sec.  9.  Whenever  any  street,  on  which  any  tele- 
graph pole  shall  have  been  set,  shall  be  graded  or  paved,  the 
said  telegraph  company  shall,  at  its  own  cost,  reset  said  poles 
so  as  to  conform  to  the  street  as  reconstructed. 

(Id.  §  3.) 

2791.  Sec.  10.  The  city  engineer  shall  report  to  the  com- 
mon council,  as  often  as  application  shall  be  made  by  said 
company,  for  permission  to  erect  telegraph  poles  within  said 
city,  and  upon  what  streets  permission  has  been  granted  for 
the  erection  of  telegraph  poles,  giving  the  location  of  posts  as 
near  as  can  be. 

(Id.  §4.) 

2792.  Sec  11.  All  the  proceedings  of  said  American 
Union  Telegraph  Company,  under  this  ordinance,  shall  be 
subject  to  any  ordinance  relative  to  the  same,  which  maj  be 
passed  by  the  common  council  of  the  City  of  St.  Paul. 

(Id.  §5.) 

BALTIMORE    AND    OHIO    TELEGRAPH    COMPANY. 

Ordinance  No.  621. 

i  \|>]>n ived  February  18,  1886.  i 

2793.  An    Ordinance    to    authorize  the  Baltimore  &  Ohio 

Telegraph  Company  to  erei  aph  poles  with- 

in the  city  limits  of  the  City  of  St.  Paul. 

The  Common  Council  of  the  Citj    of   Si.   Paul  do  ordain  as 
follows : 
ec.    I.     That  authority   is  hereby  granted   to  the    Haiti- 
more  &  Ohio  Telegraph  Compan}   to  ereel  and  maintain  t< 


1108 

graph  poles  and  to  string  telegraph  wires  thereon  through  the 

City  of  St.  Paul,  upon  such  streets  and  alleys  as  shall  be  desig- 
nated for  that  purpose  by  the  city  engineer,  the  chief  of  fire 
department  of  said  city  and  the  chairman  of  the  committee 
on  police  of  the  common  council. 

2794.  Sec.  2.  All  poles  erected  under  this  ordinance  shall 
be  planed  and  painted,  and  shall  be  of  snch  size  and  shall  be 
placed  at  snch  points  on  the  margin  of  the  sidewalks  as  shall 
be  designated  by  the  city  engineer  and  the  chief  of  the  fire  de- 
partment and  the  chairman  of  the  committee  on  police  of  the 
common  council,  and  shall  be  erected  and  said  wires  strung 
thereon  under  the  supervision  and  subject  to  the  inspection 
and  control  of  said  officers. 

2795.  Sec.  3,  Whenever  any  street  on  which  any  tele- 
graph pole  shall  have  been  set  under  this  ordinance  shall  be 
graded  or  paved  the  said  company  shall,  whenever  required 
by  the  city  engineer,  at  its  own  cost,  reset  said  poles  so  as  to 
conform  to  the  street  as  reconstructed. 

2796.  Sec.  -1.  All  the  proceedings  of  said  Baltimore  & 
Ohio  Telegraph  Company  under  this  ordinance  shall  be  sub- 
ject to  any  ordinance  regulating  the  laying  of  telegraph  wires, 
either  above  or  underground,  in  the  City  of  St.  Paid  which 
now  exist  or  may  hereafter  be  passed  by  the  common  council 
of  said  city,  so  far  as  the  same  shall  be  applicable  to  the  lines 
of  said  company. 

2797.  Sec.  5.  Any  transfer  or  sale  by  the  said  Baltimore 
&  Ohio  Telegraph  Company  of  the  right  and  franchise  hereby 
granted  to  an}'  other  person,  association  or  corporation,  or  any 
consolidation  by  said  Baltimore  &  Ohio  Telegraph  Company 
with  any  other  person,  association  or  corporation,  of  the  right 
and  franchise  hereby  granted,  shall  operate  as  an  absolute  re- 
peal i  >f  this  ordinance. 

Sec.   6.     This  ordinance  shall  be  in  force  from  and  after 
its  passage. 


1109 

CHICAGO  &    NORTHWESTERN    TELEGRAPH    COM- 
PANY. 

From  Article  LXXX.,  Municipal  Code  1884. 

2798.  Sec.  25.  Thai  authority  is  hereby  granted  to  the 
Chicago  &  Northwestern  Telegraph  Company  to  erect  and 
maintain  telegraph  poles,  and  to  string  telegraph  and  tele- 
phone wires  thereon,  through  the  City  of  St.  Paul,  upon  such 
streets  and  alleys,  as  shall  be  designated  foi  that  purpose  by 
the  city  engineer  and  the  chief  of  fire  department  of  said 
city. 

(Ord.  March  18,  1SS1,  §  1.) 

2799.  Sec.  26.  All  poles  erected  under  this  ordinance  shall 
be  planed  and  painted,  and  shall  be  of  such  size,  and  shall  be 
placed  at  such  points  on  the  margin  of  the  sidewalks,  as  shall 
be  designated  by  the  city  engineer  and  the  chief  of  the  fire 
department,  and  shall  be  erected  and  said  wires  strung  there- 
on under  the  supervision  and  subject  to  the  inspection  and 
control  of  said  officers. 

(Id.  §2.) 

2800.  Sec.  27.  Whenever  any  street,  on  which  any  tele- 
graph pole  shall  have  been  sel  under  this  ordinance,  shall  be 
graded  or  paved,  the  said  compan)  shall,  whenever  required 
by  the  city  engineer,  at  its  own  cost,  resel  said  poles  so  as  to 
conform  to  the  street  as  reconstructed. 

I  f.l.  |  3.) 

2801.  28.  All  the  proceedings  of  the  said  telegraph 
company,  under  this  ordinance,  shall  be  subject  to  any  ordi 
nance  regulating  the  laying  of  telegraph  or  telephone  wires 
in  th<  i  St.  Paul,  which  now  exist,  or  ma)  hereafter  be 
passed  by  the  common  council  of  said  city,  so  far  as  the  same 
shall  be  applicable  to  the  lines  of  said  company. 

(Id.  §  I.. 

2802.  Sec.  29.     [f  the  said  telegraph  company,  or  the  lines 
of  telegraph  which  it  may  erecl  within  the  Cit)   of  St.  Paul, 
shall  at  any  time  hereafter  be  sold  to  or  consolidated  with  the 
Western  Union  Telegraph  Company,  then  the  common  coun 
cil  of  said  city  shall  have  the  right  i"  rescind  this  ordinance, 


1110 

and  all  the  powers  and  privileges  -ranted  thereby,  shall  there- 
upon cease  and  determine. 

(Id.  §  5.) 

THE      MINNESOTA     CENTRAL    TELEPHONE    COM- 
PANY. 

Ordinance  No.  1973. 

i  Approved  March  23,  1898.) 

2803.  An  Ordinance  granting  permission  to  the  Minnesota 

Central  Telephone  Company  to  use  Streets,  Ave- 
nues and  Alleys  in  the  City  of  St.  Paul. 

The  Common   Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  Permission  is  hereby  granted  to  the  Minnesota 
Central  Telephone  Company  for  the  purpose,  and  the  pur- 
pose only,  of  establishing  and  maintaining  within  said  city 
public  pay  stations,  and  instruments  for  private  use.  for  con- 
nection with  long  distance  telephone  systems  at  such  points 
within  said  city  as  may  be  approved  by  the  Common  Council 
from  time  to  time,  and  subject  to  the  reservations  and  pro- 
visions hereinafter  stated,  to  erect,  construct,  maintain  and 
repair  telephone  poles  with  the  necessary  cross-arms  and  fix- 
tures, and  to  stretch  and  maintain  thereon  wires  and  cables 
for  the  operation  of  such  a  system,  and  to  construct,  main- 
tain and  repair  conduits  with  the  necessary  manholes  and 
service  pipes  for  the  purpose  of  conducting  and  distributing 
the  necessary  wires  and  cables  within  such  territory  within 
said  city  as  is  or  may  be  designated  as  the  territory  in  which 
said  wires  are  or  shall  be  required  to  run  underground ; 
through,  over  and  along  the  streets,  avenues  and  alleys  in 
said  city. 

2804.  Sec.  2.  This  privilege  is  granted  expressly  subject 
to  the  provisions  of  all  ordinances  now  in  force  or  which  may 
hereafter  be  enacted  by  the  Common  Council  of  the  City  of 
St.  Paul,  under  its  police  powers,  and  particularly  subject  to 
all  the  conditions  and  terms  of  the  following  named  ordi- 
nance,    Xo.     107.').     and     amendments    thereto,    including    all 


1111 

amendments  enlarging  or  changing  underground  or  other  dis- 
tricts, to-wit:  "An  Ordinance  regulating  and  controlling  the 
placing  and  operating  of  telegraph,  telephone  and  other  elec- 
tric wires  and  conductors  underground/'  approved  April  22, 
L893,  and  every  provision  of  said  ordinance  or  any  amend- 
ments thereof  now,  or  hereafter  in  force. 

2805.  Sec.  3.  In  the  construction,  maintenance,  repair  and 
operation  of  its  said  telephone  lines  and  in  the  use  of  the 
streets,  avenues,  alleys  and  public  grounds  of  said  city  there- 
for, the  said  company  shall  at  all  times  be  subject  to,  and 
comply  with  all  ordinances,  rules  and  regulations  of  said  city. 
now  or  hereafter  in  force,  covering  the  use  of  streets,  avenues, 
alleys  and  public  grounds,  and  all  plans,  specifications,  ma- 
terials and  apparatus  to  be  used  in  the  construction  and  oper- 
ation of  said  system  within  said  city  shall  be  subject  to  the  ap- 
proval of  the  City  Engineer  and  the  Electrical  Inspector  of  the 
City  of  St.  Paul.  All  telephones  connected  with  said  system 
within  the  City  of  St.  Paul  shall  be  connected  only  by  metallic 
circuits,  so-called,  and  no  grounded  wire  or  common  return 
circuits,  so-called,  shall  be  used  or  employed  by  said  company 
in   maintaining  or  operating   said    telephone    stations. 

2806.  See.  l.  All  plans,  specifications  and  materials  used 
in   the   construction   of   said   under-round   conduit-,   together 

with    the   location    thereof,    within    the    streets,    avenues,    alleys 

and  public  grounds  of  said  cit)  -hall  be  further  subject  to  the 
supervision  of  tin-  Common  Council. 

2807.  Sec.  5.  Tin  -aid  Minnesota  Central  Telephone 
Compan)  shall  nol  at  any  time  transfer  it-  stock,  or  any 
thereof,  or  its  rights  or  an)  thereof,  or  an)  of  it-  propert)  or 
effects  to  any  other  telephone  compan)  now  or  hereafter  opei 
ating  within  the  City  of  St.  Paul,  or  make  an)  consolidation 
with  any  -ueh  company  withoul  the  consenl  of  the  Common 
Council  of  the  City  of  St.  Paul,  to  he  expressed  b)   resolution 

d   b)    a   tWO  third-    vote   of   all    member-   of   -aid    Common 

Council,  authorizing  such  tra  ale  or  consolidation,  and 

the  telephone  system   to  tructed  under  tin-  ordinance 

shall  at  no  time  he  operated  under  any  other  telephone  ordi 
nance  heretofore  -ranted  by  the  City  of  St.  Paul. 


1112 

2808.  Sec.  6.  The  City  of  St.  Paul  hereby  reserves  the 
right  at  its  election  to  purchase  all  of  said  system  constructed 
within  the  limits  of  the  city,  including  poles,  wires,  stations, 
conduits  and  appliances,  and  all  other  property  which  shall 
have  been  constructed  and  installed  under  this  ordinance,  at 
any  time  after  the  expiration  of  five  years  from  the  date  of 
the  acceptance  of  this  ordinance  by  said  Minnesota  Central 
Telephone  Company,  at  an  amount  not  to  exceed  its  actual 
and  necessary  cost  of  construction,  less  any  depreciation  in 
the  value  .thereof  by  reason  of  wear  and  tear,  or  from  any 
other  cause  whatsoever,  and  in  case  of  such  purchase,  no 
value  whatever  shall  be  placed  upon  the  franchise  or  privileges 
granted  under  this  ordinance.  The  city  and  the  owner  or 
owners  of  said  system  failing  to  agree  as  to  the  amount  of 
said  purchase  price,  the  value  of  said  telephone  system  and 
conduit  system  shall  be  ascertained  by  arbitrators,  the  City 
of  St.  Paul,  through  its  Common  Council,  to  select  two  arbi- 
trators, and  the  said  Minnesota  Central  Telephone  Company. 
its  successors  or  assigns,  to  select  two,  and  these  failing  to 
agree,  shall  select  a  fifth  disinterested  arbitrator,  and  the  de- 
cision of  a  majority  of  said  board  of  arbitration  shall  be  final 
and  conclusive. 

In  case  the  four  arbitrators  shall  fail  to  agree  on  a  price 
within  thirty  days  or  neglect  within  thirty  days  after  being 
chosen  to  agree  on  the  fifth  arbitrator,  then  the  full  bench  of 
the  Second  Judicial  District  of  the  State  of  Minnesota  shall, 
upon  the  application  of  either  party,  select  the  fifth  arbitrator. 
Nothing  herein,  however,  now  in  submitting  the  question  of 
the  price  to  arbitration,  shall  bind  the  City  of  St.  Paul  to  pur- 
chase the  said  telephone  and  conduit  system  at  .the  price  fixed 
by  said  board  of  arbitration,  unless  said  city  shall  so  elect,  and 
if  said  city  shall  elect  to  purchase  at  the  price  named  by  said 
board  of  arbitration,  it  shall  have  one  year  in  which  to  pay 
the  price  named,  the  said  Minnesota  Central  Telephone  Com- 
pany, its  successors  and  assigns,  to  retain  possession  until  said 
payment  is  maae. 

2809.  Sec.  7.  Said  Minnesota  Central  Telephone  Com- 
pany, its  successors  and  assigns  shall  not  bond,  mortgage,  or 
in  any  manner  encumber  said  system  located  within  said  city, 


1 1 1 3 

beyond  or  for  more  than  seventy-live  per  cent  of  the  amount 
actually  and  necessarily  used  in  the  construction  thereof,  and 
in  case  the  said  City  of  St.   Paul  shall  exercise  its  option  to 

purchase   said   system,   as   herein   provided,   it    shall   have   the 
right  to  purchase  the  same  subject  to  any  encumbrance,  do 
ducting  the  amount  thereof  from  the  price  to  he  paid. 

Said  Minnesota  Central  Telephone  Company  shall  from 
time  to  time,  during  the  construction  of  said  systems  within 
the  City  of  St.  Paul,  and  whenever  requested  by  the  Common 
Council  so  to  do.  furnish  to  the  City  of  St.  Paul  a  true  and 
correct  itemized  statement,  sworn  to  by  its  presidenl  and 
treasurer  showing  the  actual  and  necessary  cost  of  construc- 
tion of  said  systems,  and  for  the  purpose  of  verifying  such 
Statements,  its  books,  hills  and  vouchers  shall  at  all  times  be 
open  to  the  inspection  of  such  officer,  person  or  persons  as  the 
Common  Council  may  direct  to  make  inspection  thereof. 

2810.  See.  8.  The  rights  and  privileges  granted  by  this 
ordinance  are  upon  the  express  condition  that  said  Minne 
Central  Telephone  Company,  it-  successors  and  assigns,  shall 
pay  as  compensation,  and  as  a  consideration  for  the  use  of  the 
street-,  avenues,  alleys  and  public  grounds  of  said  city,  for 
the  purpose  herein  designated,  the  whole  sum  and  amounl  of 
five  per  cent  of  its  gross  earnings  from  any  and  all  tolls  or 
earnings  received  or  collected  by  ii  within  the  Citv  of  St. 
Paul,  and  also  any  ami  all  tolls  or  earnings  received  or  col- 
d  by  it  outside  of  the  eit\  for  or  on  accounl  of  messages 
originating  within  said  City  of  St.  Paul,  or  senl  from  any 
point  therein,  annually  into  tin-  City  Treasury  of  said  city,  for 
the  use  and  benefil  of  said  city,  said  payments  t"  he  made  on 
or  before  tin-  first  day  of  January  in  each  and  every  year  from 
and  after  the  granting  of  this  ordinance;  and  for  the  pur] 
of  ascertaining  thi  earnings  upon  which  such  statement 

shall   he   made  a-  aforesaid,  an   accurate   aCCOUnI    of   such    earn 
-hall    h»'   kept    by   said   company,   ami    an    abstract    and    an 

accounl  thereof  furnished  bj  it  to  the  City  Treasurer  of  said 
Cit)  of  St.  Paul,  "ii  or  before  the  i"'Hi  da)  of  December  in 
each  year,  the  truth  of  which  abstract  shall  he  verified  bj  the 
affidavits  of  the  Trea  urei  and  Secretary  of  aid  company,  and 
for  tin'  purpose  of  verifying  such  statement  the  book 

coiii]. any   -hall  at   all   times  be  Open    for  the   inspection  of  Midi 


Ill  I 

officer,  pci--.  m  or  persons  as  may  be  appointed  for  that  pur- 
ity the  Common  Council  of  said  city.  And  for  the  pur- 
of  securing  to  the  City  of  St.  Paul  the  payment  of  the 
said  per  centum,  the  said  city  shall  have  a  lien  for  the 
payment  of  said  per  centum  and  the  same  shall  be  a  charge 
upon  all  the  property,  estate  and  effects  of  said  company  with- 
in said  city,  whatsoever,  real,  personal  or  mixed,  and  may  be 
enforced  by  said  city  by  civil  action  ;  but  nothing  contained 
herein  shall  be  held  to  impair  the  rights  of  said  city  to  en- 
force the  terms  and  conditions  of  this  ordinance.  And  in 
further  consideration  of  the  rights  and  privileges  herein 
granted,  said  Minnesota  Central  Telephone  Company  hereby 
agrees  to  allow  the  City  of  St.  Paul  to. attach  at  any  time,  to 
any  of  said  poles,  on  the  upper  cross-arm  thereof,  its  fire-alarm 
and  police  wires.  All  poles  to  be  erected  within  the  City  of 
St.  Paul  under  this  ordinance  shall  be  not  less  than  fifty  feet 
in  length  and  six  inches  in  diameter  at  the  top. 

Provided,  further,  that  all  provisions  of  this  ordinance 
providing  for  the  payment  of  the  per  centum  of  gross  earn- 
ings as  compensation  for  the  use  of  the  streets,  avenues,  alleys 
and  public  ground  of  the  said  city  shall  apply  to  any  and  all 
lessees,  successors,  and  assigns  of  said  corporation,  in  all  re- 
spects the  same  as  the  grantees  herein. 

2811.  Sec.  9.  Said  Minnesota  Central  Telephone  Com- 
pany shall  at  all  times  protect  and  save  harmless  the  City  of 
St.  Paul  from  all  damages  and  loss  from,  or  arising  out  of  or 
by  reason  of  the  construction,  maintenance  or  operation  of 
said  telephone  lines  and  conduit  systems,  and  by  reason  of 
any  infringement  or  claim  of  infringement  of  any  patent  upon 
any  article  or  system  used  in  the  construction  or  use  of  said 
telephone  and  conduit  system.  And  for  the  purpose  of  secur- 
ing to  the  City  of  St.  Paul  for  the  payment  of  any  such  dam- 
ages or  loss  the  said  city  shall  have  a  first  and  paramount  lien 
for  the  payment  of  any  such  damages  or  loss  and  the  same 
shall  be  a  first  charge  upon  all  the  property,  estate  and  effects 
and  assets  of  said  company  within  said  city,  whatsoever,  real, 
personal  and  mixed  and  may  be  enforced  by  said  city  by 
civil  action ;  but  nothing  contained  herein  shall  be  held  to 
impair  the  rights  of  said  city  to  otherwise  enforce  the  terms 
and  conditions  of  this  ordinance. 


1115 

2812.  Sec.  10.  The  said  company  shall  file  with  the  City 
Engineer  written  application  for  all  the  streets  or  alleys  it  may 
Hereafter  wish  to  occupy  with  its  poles  and  wires,  as  and  when 
it  may  desire  to  occupy  the  same.  And  if  such  application 
shall  be  approved  by  the  Common  Council,  such  approval 
shall  be  deemed  a  permission  of  the  city  to  so  occupy  the 
streets  and  alleys  for  the  purpose  above  stated. 

2813.  Sec.  11.  Said  Minnesota  Central  Telephone  Com- 
pany shall  file  its  acceptance  of  the  provisions  of  this  ordi- 
nance with  the  City  Clerk  of  the  City  of  St.  Paul  on  or  before 
the  expiration  of  thirty  daws  from  the  passage  of  this  ordi- 
nance, and  shall  at  the  same  time  file  with  the  City  Clerk  a 
bond  with  sufficient  sureties  to  be  approved  by  the  Common 
Council  of  said  City  of  St.  Paul,  in  the  sum  of  Five  Thousand 
Dollars,  conditioned,  that  said  company  shall  begin  its  work 
of  construction  of  said  telephone  systems  on  or  before  ninety 
days  from  the  date  of  filing  said  acceptance,  and  that  it  will 
thereafter  prosecute  its  work  of  construction  with  all  reason- 
able diligence.  Ami  the  said  company  shall  extend  its  lines 
Into  the  business  portion  of  the  City  of  St.  Paul  and  have  the 
same  in  operation  therein  on  or  before  the  first  da\  oi  No 
vember.  A.  I).  1898. 

2814.  Sec.    12.      Failure  on    tin-   part  of  said   company,   its 
successors  or  assigns  to  tile  its  acceptance  hereof  with   the 

Clerk  as  herein  provided,  or  to  tile  its  bond  within  the 
time  limited  herein,  or  to  comply  with  any  of  the  conditions 
of  said  bond,  or  of  the  provisions  of  this  ordinance,  shall  ren 
der  this  i ordinance  mill  and  void. 

2815.  L3.     All  aerial  conductors  and  underground  con 
ductors  connected  with  said  telephone  exchange  entering  anj 

building    in    the    City    of   Si.    Paul    musl    be    provided    near    the 

point  of  entrance  to  the  building  with  some  approved  pro 
tective  device  which  will  operate  to  shunl  the  instruments  in 
of  :i  dangerous  rise  in  potential  and  will  open  and  arrest 
any  abnormal  currenl  How.  The  protector  musl  be  approved 
by  the  electrical  inspector  of  the  City  of  St.  Paul,  and  if  plat  ed 
within  the  building  tin'  wires  of  the  circuil  from  the  support 
on  the  outside  of  the  building  to  the  protective  device  must  he 
ot  such  installation  and  installed  in  such  manner  as  is  required 


lllli 

b)  the  ordinances  of  said  city  for  low  potential  electric  light 
and  p<  iwer  service  wires. 

2816.  Sec.  1  I.  Said  Minnesota  Centra]  Telephone  Com- 
pany shall  not  make  a  charge  exceeding  ten  cents  for  the  use 

-  line  for  five  (5)  minutes  in  talking  between  the  cities 
of  St.  Paul  and  Minneapolis,  and  shall  make  connection  with 
any  and  all  local  telephone  exchanges  which  may  hereafter 
operate  in  the  City  of  St.  Paul,  upon  equal  terms,  provided 
said  .Minnesota  Central  Telephone  Company  shall  not  at  such 
time  be  operating  a  telephone  exchange  in  the  City  of  St. 
Paul  ;  and  provided  further  that  nothing  herein  shall  be  con- 
strued to  require  the  Minnesota  Central  Telephone  Company 
to  make  such  connection  with  the  Northwestern  Telephone 
Exchange  company,  its  successors  or  assigns. 

The  rights  and  privileges  granted  by  this  ordinance  to 
the  Minnesota  Central  Telephone  Company,  its  successors  or 
assigns,  are  limited  to  the  period  of  twenty-five  years  from 
and  after  the  acceptance  and  approval  of  this  ordinance  by  the 
mayor  and  said  company. 

Sec.  15.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  publication  and  acceptance  by  said 
company. 

MUTUAL  UNION  TELEGRAPH   COMPANY. 
From  Article  LXXX.,  Municipal  Code  1884. 

2817.  Sec.  12.  That  authority  is  hereby  granted  to  the 
Mutual  Union  Telegraph  Company  to  erect  telegraph  poles, 
within  the  City  of  St.  Paul,  on  the  hereinafter  named  streets 
and  lines,  viz. :  Commencing  at  the  western  city  limits,  on  St. 
Anthony  avenue,  thence  eastward  on  St.  Anthony  avenue  to 
Western  avenue ;  thence  southward  on  Western  avenue  to 
Rondo  street;  thence  eastward  on  Rondo  street  to  Josette 
street;  thence  southward  on  Josette  street  to  Iglehart  street; 
thence  eastward  on  Iglehart  street  to  Wabasha  street ;  thence 
down  Wabasha  street  to  Thirteenth  street ;  thence  on  Thir- 
teenth street  to  Cedar  street ;  thence  on  Cedar  street  to  Elev- 
enth street;  thence  on  Eleventh  street  to  Robert  street:  thence 
southward  on  Robert  street  to  Fifth  street; thence  eastward  on 


1117 

Fifth  and  East  Fifth  street  to  Hoffman  avenue  ;  thence  south- 
ward on  Hoffman  avenue  to  Plum  street;  thence  eastward  on 
Plum  street  to  Hastings  avenue;  thence  eastward  on  Hastings 
avenue  to  the  city  limits. 

(Ord.  Sept.  27,  L881,  §  1.) 

2818.  Sec.  13.  All  poles  erected  under  this  ordinance  must 
be  erected  to  the  satisfaction  and  approval  of  the  city  engi- 
neer, and  shall  be  planed  and  painted,  and  shall  be  set  in  the 
sidewalk,  close  to  the  gutter  or  curb,  unless  special  directions 
are  otherwise  given  by  the  city  engineer. 

(Id.  §  2.) 

2819.  Sec.  II.  Whenever  any  street,  on  which  any  tele- 
graph pole  shall  have  been  set  under  this  ordinance,  shall  be 
graded  or  paved,  the  said  telegraph  company  shall,  at  its  own 

.  resel  said  poles,  so  as  to  conform  to  the  street  as  recon- 
structed. 

(Id.  §3.) 

2820.  Sec.  15.  All  the  proceedings  of  said  Mutual  Union 
Telegraph  Company,  under  this  ordinance,  shall  be  subjecl  to 
any  ordinance  relative  to  the  same,  which  may  be  passed  by 
the  common  council  of  the  City  of  St.  Paul. 

(Id.  §  I.) 


NORTH  AMERICAN  TELEGRAPH  COMPANY. 

Ordinance  No.  634. 

I  Approved  March   L8,  1 8 

2821.  An    Ordinance    to    authorize    the     North    Amci 

Telegraph  Company  to  erect  telegraph  poles  with- 
in the  city  limits  of  the  City  of  St.  Paul. 

The  Common  Council  of  the  City  of  St.    Paul  do  ordain  as 
follows  : 

1.  Thai  authorit)  is  hereby  granted  to  the  North 
American  Telegraph  Companj  to  ered  and  maintain  tele- 
graph poles  and  to  string  telegraph  wires  thereon  through  the 
City  of  St.  Paul,  upon  such  streets  and  all  hall  be  d< 

nated  for  thai  purpose  by  the  city  engineer,  the  chief  of  the 


1118 

fire  department  of  said  city  and  the  chairman  of  the  committee 
on  police  of  .the  common  council. 

2822.  Sec.  2.  All  poles  erected  under  this  ordinance  shall 
be  planed  and  painted  and  shall  be  of  such  size  and  shall  be 
placed  at  such  points  on  the  margin  of  the  sidewalks  as  shall 
be  designated  by  the  city  engineer  and  the  chief  of  the  fire 
department  and  the  chairman  of  the  committee  on  police  of 
the  common  council,  and  shall  be  erected  and  said  wires 
strung  thereon  under  the  supervision  and  subject  to  the  in- 
spection and  control  of  said  officers. 

2823.  Sec.  3.  Whenever  any  street  on  which  any  tele- 
graph pole  shall  have  been  set  under  this  ordinance  shall  be 
graded  or  paved,  the  said  company  shall  whenever  required  by 
the  city  engineer,  at  its  own  cost,  reset  said  poles  so  as  to  con- 
form to  the  street  as  reconstructed. 

2824.  Sec.  4.  All  the  proceedings  of  said  North  American 
Telegraph  Company  under  this  ordinance  shall  be  subject  to 
any  ordinance  regulating  the  laying  of  telegraph  wires  either 
above  or  underground  in  the  City  of  St.  Paul  which  now 
exist  or  may  hereafter  be  passed  by  the  Common  Council  of 
said  city  so  far  as  -the  same  shall  be  applicable  to  the  lines  of 
said  company. 

2825.  Sec.  5.  Any  transfer  or  sale  by  the  said  North 
American  Telegraph  Company  of  the  rights  and  franchises 
hereby  granted  to  any  other  person,  association,  or  corpora- 
tion or  any  consolidation  by  said  North  American  Telegraph 
Company  with  any  other  person,  association  or  corporation 
of  the  rights  and  franchises  hereby  granted  shall  operate  as  an 
absolute  repeal  of  this  ordinance. 

Sec.  6.     This  ordinance  shall  be  in  force  from  and  after 
its  passage. 


1119 

MINNEAPOLIS,  ST.  PAUL  &  SAULT  SAINTE  MARIE 
RAILWAY  COMPANY. 

Ordinance  No.  1731. 

(Approved  February  23,  1894.) 

2826.  An  Ordinance  permitting  and  authorizing  the  Min- 

neapolis, St.  Paul  &  Sault  Ste.  Marie  Railway 
Company  to  erect  and  maintain  telegraph  poles 
and  string  telegraph  wires  thereon  along  certain 
streets  in  the  City  of  St.  Paul. 

The   Common   Council  of  the   City  of  St.   Paul  do  ordain   as 
follows  : 

Sec.  1.  Permission  is  hereby  given  to  the  Minneapolis, 
St.  Paul  &  Sault  Ste.  Marie  Railway  Company  to  erect  tele- 
graph poles  and  string  telegraph  wires  thereon  along  the  fol- 
lowing streets  in  the  City  of  St.  Paid,  to-wit :  Commencing  at 
the  corner  of  Cayuga  and  Mississippi  streets;  thence  on  York 
street  to  Edgerton  street;  thence  on  Edgerton  street  to  Wells 
street;  thence  on  Wells  street  to  Greenbrier  avenue;  thence  on 

nbrier  avenue  to  the  St.  Paul  and  Duluth  railway  tracks. 
Said  poles  shall  be  erected  in  such  manner  and  be  of  such  ma- 
terial as  the  engineer  of  the  City  of  St.  Paul  shall  direct. 
Provided,  thai  no  more  than  four  (  h  wires  shall  be  strung 
alon-  said  poles  at  any  time  or  at  any  place. 
(As  amended   by   Ordinance    L742,  approved    March    8,    L894, 

§1.) 

2827.  2.  The  City  of  St.  Paul  reserves  the  right  to 
order  the  removal  of  said  wires  and  poles  from  one  place  to 
another,  and  reserves  the  right  to  order  their  removal  absqj 
lutely  from  the  streets  of  said  city  at  an)  time.  Said  deter- 
mination to  be  expressed  by  a  vote  of  the  Common  Council. 

Sec.  3.  This  ordinance  shall  take  effeel  and  be  in  force 
from  and  after  its  p;  md  publication. 


1120 

MISSISSIPPI    VALLEY    TELEPHONE  COMPANY. 

Ordinance  No.  1974. 

(Approyed  March  S4,  1898.) 

2828.         An   Ordinance   granting    to    the    Mississippi   Valley- 
Telephone   Company,  its   Successors  and  Assigns, 
Authority   to   Construct,   Operate  and   Maintain  a 
Telephone    Exchange    System   in   the    City   of    St. 
Paul. 

The   Common   Council  of  the  City  of  St.   Paul   do  ordain  as 

follows : 

Sec.  1.  There  is  hereby  granted  to  the  Mississippi  Valley 
Telephone  Company,  a  corporation,  organized  under  the  laws 
of  the  State  of  Minnesota,  its  successors  and  assigns,  for  a 
period  of  twenty-five  years  from  the  acceptance  of  this  ordi- 
nance, as  hereinafter  provided,  the  right  and  authority  to 
establish,  construct,  operate  and  maintain  a  telephone  ex- 
change system  in  the  City  of  St.  Paul,  Minnesota,  and  to  con- 
struct, maintain  and  repair  conduits,  with  the  necessary  man- 
holes and  service  pipes  for  the  purpose  of  conducting  and  dis- 
tributing the  necessary  wires  and  cables,  and  to  make  house 
and  building  connections  upon,  along,  in  and  under  the  streets, 
alleys  and  public  places  in' said  city,  and  also  to  repair,  replace, 
enlarge  and  extend  the  same,  and  to  carry  on  the  business  of 
telephoning  and  renting  electric  telephones  within  said  city, 
subject  to  the  ordinances,  rules  and  regulations  of  said  city, 
and  subject  to  the  conditions  and  provisions  of  this  ordinance. 

Provided,  That  nothing  contained  in  this  ordinance  shall 
authorize  the  construction,  maintenance  or  operation  of  a  con- 
duit system  for  any  purpose  other  than  to  maintain  therein 
the  telephone  wires  and  cables  of  said  telephone  exchange 
system,  to  be  constructed  and  operated  thereunder. 

Said  Mississippi  Valley  Telephone  Company  is  also  au- 
thorized, when  necessarv,  to  erect,  construct,  maintain  and 
repair  within  said  city,  telephone  poles,  with  the  necessary 
cross-arms  and  fixtures,  and  to  stretch  and  maintain  thereon 
wires  and  cables,  to  be  used  in  connection  with  said  telephone 
exchange  system. 


1121 

All  of  the  wires  of  said  system  within  the  territory  bound- 
ed by  and  commencing  at  the  west  side  of  Eagle  street,  on 
the  north  bank  of  the  Mississippi  river,  running  thence  along 
the  west  line  of  Eagle  street,  to  the  south  line  of  Seventh 
street,  to  the  west  line  of  Chestnut  street,  and  thence  along 
the  west  line  of  Chestnut  street  to  the  north  line  of  Pleasant 
avenue,  and  thence  along  the  north  line  of  Pleasant  avenue  to 
the  westerly  line  of  Third  street,  and  thence  along  the  west- 
erly line  of  Third  street  to  the  north  line  of  Summit  avenue, 
and  thence  along  the  north  line  of  Summit  avenue  to  the  east 
line  of  Robert  street,  and  thence  along  the  east  side  of  Robert 
street  to  the  east  side  of  Jackson  street,  thence  along  the  easl 
side  of  Jackson  street  to  the  north  side  of  Grove  street,  thence 
along  the  north  side  of  Grove  street  to  the  east  side  of  Broad- 
way street,  thence  along-  the  east  side  of  Broadwa}  street  to 
the  north  side  of  Eighth  street,  thence  along  the  north  side 
of  Eighth  >treet,  to  the  easl  side  of  Kittson  street,  thence 
along  the  east  side  of  Kittson  street  to  the  south  side  of 
Kourth  street,  thence  along  the  south  side  of  Fourl 
to  the  east  side  of  Broadway  street,  thence  along  the  east 
side  of  I '.roadway  street  to  the  north  hank  of  the  Missis- 
sippi river,  thence  along  the  north  hank  of  said  river  to  the 
point  of  beginning,  shall  lie  placed  underground  in  conduits 
or  subways,  and  no  poles  -hall  he  erected  on  any  of  the  streets 
within  any  of  the  territory  above  described   for  any  purj 

aid   telephone  exchange  system,  excepl   one   pole   to  each 
block  for  distributing  wire-.     Said  poles  to  he  placed  in  . 
or  rear  of  buildings  as  far  a-  possible,  but  outside  of  said 
ritory  the  -aid  company  i-  authorized  to  place  ii-  wires  upon 

!.    a-    in     this    i  >rdinanre    specjfied      the    pri\  ill 

herein  granted  being   subject   always  to  all  ordinances,  rules 
and  regulations  of  the  City  of  St.  Paul,  and  subjeel  to  tin 
ditions  and  provi  this  ordinance.     Th<  mtee,  its 

succi  ■'!-.   shall    replace  all    streets,  alleys  and 

public  grounds  on  and  in  which  an)   work  shall  be  don.    under 
the  provisions  of  this   ordinance   in  as  good  order  and  con 
dition  as  the  same  were  before  the  doinj  and 

all  such  work-  -hall  be  done  under  the  supervision  of  and  as 
directed  by  the  Cit)  Engineer  of  the  city,  excepl  as  herein 
otherwise  provided. 


1122 

2829.  Sec.  2.  Said  Mississippi  Valley  Telephone  Com- 
pany, its  successors  and  assigns,  shall,  at  all  times,  be  limited 
in  its  charges  for  telephone  service,  not  exceeding  the  follow- 
ing   scale    of    rentals,    to-wit:     For    one    business    telephone, 

e  located  within  two  miles  of  the  United  States  general 
post  office,  as  now  located  in  said  city,  the  sum  of  $48.00  per 
annum,  and  for  one  residence  telephone,  located  within  said 
limits,  the  sum  of  $30.00  per  annum  ;  and  for  each  half  mile  or 
fraction  thereof  beyond  said  two  mile  limit,  in  an  air  line,  the 
additional  sum  of  twenty-five  cents  per  month  for  each  tele- 
phone :  for  all  telephones  furnished  to  the  City  of  St.  Paul,  and 
by  it  used  for  fire  alarm,  police  or  other  city  purpose,  not  to 
exceed  the  following  rate,  to-wit :  To  furnish  at  least  three 
telephones  with  switchboard  service,  for  $2.50  per  month 
each ;  thirty-one  telephones,  with  switchboard  service,  for 
$1.50  per  month  each  ;  sixty  telephones  for  public  calls,  with 
care  and  maintenance,  for  $2.50  per  year  each,  and  for  a  rental 
never  exceeding  one-half  of  the  present  rate  paid  by  the  City 
of  St.  Paul  for  such  service.  The  right  is  expressly  reserved 
by  the  City  of  St.  Paul  to  increase  the  number  of  telephones 
by  it  to  be  used,  in  accordance  with  the  schedule  price  men- 
tioned in  this  section. 

If  at  any  time  the  City  of  St.  Paul  shall  purchase  and  use 
its  own  telephone,  connected  with  its  own  wires,  or  connected 
with  wires  furnished  to  said  city  by  said  company,  such  fire 
alarm  and  police  service  as  may  be  required  to  pass  over  and 
be  connected  with  the  general  telephone  system  of  said  com- 
pany shall  be  furnished  to  the  City  of  St.  Paul  free  of  cost. 

2830.  Sec.  3.  In  the  construction,  maintenance,  repair  and 
operation  of  its  telephone  exchange,  and  in  the  use  of  the 
streets,  avenues,  alleys  and  public  ground  in  said  city  therefor, 
the  said  company  shall,  at  all  times,  be  subject  to  and  com- 
;•!}•  with  all  ordinances,  rules  and  regulations  of  said  city  now 
or  hereafter  in  force,  covering  the  use  of  streets,  avenues, 
alleys  and  public  grounds,  by  telephone  and  telegraph  com- 
panies, and  regulating  the  construction,  maintenance  and  op- 
eration of  such  plant  within  said  city,  and  all  plans,  specifica- 
tions, material  and  apparatus  to  be  used  in  the  construction 
and  operation  of  said  system  shall  be  subject  to  the  approval 


1123 

of  the  Common  Council;  all  telephones  connected  with  the 
said  exchange  shall  be  connected  only  by  metallic  circuits,  and 
no  grounded  wire  or  common  return  circuits,  so  called,  shall 
be  used  or  employed  by  said  company  in  maintaining  or  oper- 
ating said  telephone  exchange,  and  what  is  known  as  party 
lnus  shall  in  no  case  be  used  or  operated  under  this  ordinance, 
nor  shall  more  than  one  set  of  telephone  instruments  be  at- 
tached to  any  circuit,  except  when  specially  authorized  by  the 
Common  Council.  No  work  shall  be  done  upon  any  of  the 
streets,  alleys  or  public  grounds  of  the  City  of  St.  Paul  under 
this  ordinance  until  such  streets,  alleys  and  public  grounds, 
and  the  manner  of  doing  such  work,  shall  be  designated  and 
determined  by  resolution  of  the  Common  Council. 

2831.  Sec.  1.  The  term  "telephone/'  as  used  herein  shall 
be  held  and  construed  to  mean  a  receiver,  transmitter,  bell, 
battery  and  all  other  appliances  as  are  requisite  Eor  the  com- 
plete equipment  of  such  telephone  instrument 

2832.  Sec.  5.  The  privileges  herein  granted  to  the  said 
Mississippi  Valley  Telephone  Company  are  -ranted  to  it.  its 
successors  and  assigns,  and  will,  without  cost  to  the  Cit)  of 
St.  Paul,  provide  suitable  space  upon  their  poles  for  wire-  for 
fire  alarm  and  police  purposes,  and  will,  at  their  own  cosl  and 
expense,  furnish,  string  on  its  poles  and  draw  in  and  main- 
tain  in   it-  conduits  all    necessary   lire   alarm   and   police    wires 

required  by  the  Cit}   of  St.  Paul  For  it-  use  during  the  1: 

this  ordinance. 

And  it   is  further  expressly  provided,  thai    the  said    Mis- 

ppi    Valley   Telephone   Company,   its   stv  and   as- 

hal.  not  he   required  to  permit  upon  its  poles,  or  place 

in  its  conduits  wii  rical  currenl 

can  be  safely  carried  on  said  poles  and  in  said  conduits 

w  ithout  impairin  i  \  ice  to  be  carried  i  m 

and  over  the  wire-  of  said  company;  provided,  thai  an}   ques- 
of  interference  arising  in  this  connection  shall  b< 

by  the  Ci  >mmon  C<  mncil. 

2833.  aid  Mississippi  Valley  Telephone 
Company  shall  nol  at  any  time  transfer  its  -lock-,  or  any  part 
then  t< "1;,  or  any  part  tin  reof,  or  its  ri 


1124 

or  am  of  its  property  or  effects,  to  any  other  telephone  or 
other  company  now.  or  hereafter,  operating  within  the  City  of 
St.  Paul,  or  make  any  consolidation  with  any  such  Company, 
without  the  consent  of  the  Common  Council  of  the  City  of 
St.  Paul,  to  he  expressed  by  a  resolution  passed  by  a  twO- 
thirds  vote  of  all  the  members  of  each  body  of  said  Council 
authorizing  such  transfer,  sale  or  consolidation,  and  the  tele- 
phone exchange  system  to  be  constructed  under  this  ordinance 
shall,  at  no  time,  be  operated  under  any  other  telephone  ordi- 
nance heretofore  granted  by  the  City  of  St.  Paul. 

2834.  Sec.  1.  The  City  of  St.  Paul  hereby  reserves  the 
right,  at  its  election,  to  purchase  said  telephone  exchange  and 
conduit  system,  authorized  to  be  erected  under  this  ordinance, 
at  any  time  after  the  expiration  of  four  (4)  years  from  the 
date  of  the  acceptance  of  this  ordinance  by  said  Mississippi 
Valley  Telephone  company,  at  an  amount  not  exceeding  its 
actual  value  at  the  time  of  purchase,  less  any  depreciation  in 
the  value  thereof  by  reason  of  wear  and  tear,  or  from  any 
other  cause  whatever;  and  in  case  of  such  purchase  no  value 
whatever  shall  be  placed  upon  the  franchise  or  privileges 
granted  under  this  ordinance.  The  city  and  the  said  Missis- 
sippi Valley  Telephone  company,  its  successors  or  assigns, 
failing  to  agree  as  to  the  amount  of  such  purchase  price,  the 
value  of  said  telephone  exchange  and  conduit  system  shall  be 
ascertained  by  arbitration,  the  City  of  .St.  Paul,  through  ito 
Common  Council,  to  select  two  arbitrators,  the  said  Missis^ 
sippi  Valley  Telephone  company,  its  successors  or  assigns,  to 
select  two;  and  these  failing  to  agree,  shall  select  a  fifth  dis- 
interested arbitrator,  and  a  decision  of  a  majority  of  said  board 
oi  arbitration  shall  be  final  and  conclusive.  In  case  the  four 
arbitrators  cannot  agree  within  thirty   (30)    days  after  being 

lected,  or  shall  fail  or  neglect  to  agree  on  the  fifth  arbitra- 
tor for  a  period  of  thirty  days  after  being  so  selected,  then  a 
majority  of  the  full  bench  of  the  Second  Judicial  District  of 
the   :  -Minnesota  may  select  the  fifth   arbitrator,  upon 

application  of  cither  party. 

Nothing  herein,  however,  nor  in  submitting  the  question 
of  price  to  arbitration,  shall  bind  the  City  of  St.  Paul  to  pur- 
id  telephone  and  conduit  system  at  the  price  fixed  by 


1125 

said  board  of  arbitration,  unless  said  city  shall  so  elect:  and 
it  said  city  shall  elect  to  purchase  at  the  price  named  by  said 
board  of  arbitration,  it  shall  have  one  I  1  |  year  in  which  to  pay 
the  price  named,  the  said  Mississippi  Valley  Telephone  Com- 
pany, its  successors  or  assigns,  to  retain  possession  until  pay- 
ment is  made. 

2S35.  Sec.  8.  Said  Mississippi  Valley  Telephone  Corn- 
pan}-,  its  successors  and  assigns,  shall  not  bond,  mortgage,  or 
in  any  manner  encumber  said  telephone  exchange  and  conduit 
system  beyond  or  for  more  than  seventy-five  (75)  per  cent 
of  the  actual  value  thereof,  and  in  case  the  said  City  of  St.  Paul 
shall  exercise  its  option  to  purchase  said  telephone  exchange 
and  conduit  system,  as  herein  provided,  it  shall  have  the  right 
to  take  the  same,  subject  to  any  such  encumbrance,  deducting 
the  amount  thereof  from  the  price  to  be  paid. 

2836.  Sec.  9.  The  right  and  privileges  granted  by  this 
ordinance  are  upon  the  condition  that  the  said  Mississippi 
Valley  Telephone  Company,  its  successors  and  assigns,  shall 
pay  as  compensation  and  as  a  consideration  for  the  use  of  the 
ts,  avenues,  alleys  and  public  grounds  of  said  city,  for. the 
purposes  herein  designated,  the  full  sum  and  amount  of  five 
per  cent  of  its  gross  earnings  from  telephone  service  in  the 
City  of  St.   Paul  annually  into  the  Treasur}    of  said  cit)    for 

the  list'  and   benefit   of  said   city;  and   payment    to  be   made  on 

or  before  the  Lsl  day  of  January  of  each  and  ever)  year  from 
and  after  the  granting  of  this  ordinance;  and  for  the  purpose 
of  ascertaining  the  gross  earnings  upon  which  such  payment 
shall  be  made  as  aforesaid,  an  accurate  accounl  of  such  earn 
ings  shall  be  kept  by  said  com]. any  and  an  abstract  and  ac- 
counl thereof  furnished  by  it  to  the  City  Treasurer  of  said 
City  of  St.  Paul  on  or  before  the  L5th  day  of  December  in 
each  year,  the  truth  of  which  abstracl  shall  be  verified  b)  the 
affidavits  of  the  treasurer  and  secretar)  of  said  companj  ;  and 
for  the  purpose  of  verifying  such  statements,  the  book 
said  company  shall  at  all  times  be  open  for  the  inspection  of 
such  officer,  person  or  persons*  as  may  be  appointed  foi  that 
purpose  b)  the  Common  Council  of  said  city.  \nd  for  the 
purpose  of  securing  to  the  City  of  St.  Paul  the  paymenl  of  the 
aforesaid  per  centum  the  said  city  shall  have  a  lien  for  the 


1126 

payment  of  said  per  centum,  and  the  same  shall  be  a  charge 
upon  all  the  property, estate  and  effects  of  said  company  what- 
soever, real,  personal  or  mixed,  and  may  be  enforced  by  said 
city  by  civil  action.  But  nothing  contained  herein  shall  be 
held  to  impair  the  rights  of  said  city  to  enforce  the  terms  and 
conditions  of  this  ordinance. 

Provided,  Further,  that  all  provisions  of  this  ordinance 
providing  for  the  payment  of  the  per  centum  of  gross  earn- 
ings as  compensation  for  the  use  of  the  streets,  avenues, 
ahYys  and  public  grounds  of  said  city  shall  apply  to  any  and 
all  lessees,  successors  or  assigns  of  said  corporation  in  all  re- 
spects the  same  as  the  grantees  herein  :  provided,  however, 
that  said  Mississippi  Valley  Telephone  Company  shall  not  be 
required  to  pay  said  gross  earnings  tax  on  a  number  of  busi- 
ness telephones  and  a  number  of  residence  telephones  equal 
in  number  to  the  business  telephones,  and  residence  tele- 
phones in  use  by  actual  subscribers  to  all  opposition  telephone 
companies  not  required  to  pay  a  gross  earnings  tax  to  said 
city. 

2837.  Sec.  10.  Said  company  shall  at  all  times  protect 
and  save  harmless  the  City  of  St.  Paul  from  all  damage  and 
loss  from  or  arising  out  of,  or  by  reason  of  construction  or 
operation  of  said  telephone  exchange  and  conduit  system,  and 
by  reason  of  any  infringement  of  any  patent  upon  any  article 
or  system  used  in  the  construction  or  use  of  said  telephone 
and  conduit  system.  And  further  the  said  company,  its  suc- 
cessors and  assigns,  shall  do  all  its  current  banking  in  con- 
nection with  its  business  in  the  City  of  St.  Paul,  with  bank 
located  in  said  city ;  and  so  far  as  practical  employ  residents 
of  St.  Paul ;  likewise  as  far  as  practical,  quality  and  cost  being 
equal,  purchase  the  necessary  material  used  in'  the  construc- 
tion, maintenance  and  repair  of  said  telephone  system  from 
St.  Paul  parties. 

2838.  .Sec.  11.  Said  Mississippi  Valley  Telephone  Com- 
pany shall  file  its  written  acceptance  of  the  provisions  of  this 
ordinance  with  the  City  Clerk  ef  the  City  of  St.  Paul  on  or  be- 
fore the  expiration  of  sixty  (60)  days  from  the  passage  of  this 
ordinance,  and  shall,  at  the  same  time,  file  with  said  City  Clerk 
a  bond,  with  sufficient  sureties,  to  be  approved  by  the  Com- 


n-r. 

moii  Council  of  said  City  of  St.  Paul,  in  the  sum  of  twenty- 
five  thousand  ($25,000.00)  dollars,  conditioned  that  the  said 
company  shall  commence  its  work  of  construction  of  said 
telephone  and  conduit  system  on  or  before  fifteen   (15)   days 

from  the  date  of  the  filing  of  such  acceptance,  and  that  it  will 
thereafter  prosecute  its  work  of  construction  with  all  reason- 
able diligence;  that  it  will,  within  the  period  of  six  months 
from  the  date  of  the  filing  of  said  bond,  expend  in  the  actual 
and  necessary"  construction  of  said  system  not  less  than  lift}' 
thousand  ( .">0,000.00)  dollar-;  that  it  will,  within  a  period  of 
eighteen  (18)  months  from  the  date  of  filing  of  such  bond, 
have  not  less  than  twelve  hundred  (1,200)  bona  fide  subscrib- 
ers with  telephones  connected  with  such  system  and  in  opera- 
tion within  said  city;  that  it  will  comply  with  all  the  ordi- 
nances, rules  and  regulations  of  said  city  in  the  construction 
and  operation  of  said  system  ;  that  they  will  protect  and  save 
harmless  the  City  of  St.  Paul  from  all  damages  and  loss  from, 
or  arising  out  of,  or  by  reason  of  the  construction  or  opera- 
tion of  said  telephone  exchange  ami  conduit  system,  and  1>\ 
reason  of  any  infringements  or  claims  of  infringement  of  any 
patent  upon  any  article  or  system  used  in  the  construction  or 
use  of  said  telephone  and  conduit  system;  said  bond  to  cover 
the  full  period  of  the  construction  of  said  system  until  the 
same  shall  be  completed  to  the  extent  of  having  twelve  hun- 
dred (1,200)  bona  fide  subscribers  with  telephones  in  use 
properly  connected   with  the  said  system. 

2839.  See.     L2.      This    ordinance    is    granted     upon     the    ex- 

condition  thai  said  Mississippi  \  alley  Telephone  Corn- 
pan)  shall,  as  an  earnesl  of  good  faith,  within  thirt)  (30) 
days  after  the  pa  this  ordinance  deposil  with  the  City 

Treasurer  of  the*  Cit)    of  St.    Paul  the  sum  of  five  thousand 

($5,000.00)   dollar-  in  cash,  with  an  agreement    to  1m-  approved 

by  the  City  Attorneys  of  said  city,  which  agreemenl  shall 
provide  that  -.aid  Mississippi  Valle)  Telephone  Company 
shall  accept  this  ordinance,  file  said  bond  of  twent)  five  thou' 

-and    ($25,000.00)  dollar-,  in  accordance  with  the  pro 
this  ordinance:  and  upon    failing   SO  to  do.  thai    -aid   five   thou- 
sand ($5,000.00)  dollars  in  cadi  -hall  immediately,  and  with' 
out  any  other  acl  or  thing  being  done,  be  and  become  the 


1128 

absolute  propert)  of  said  city  as  and  for  ascertained  and 
liquidated  damages  for  the  failure  to  perform'  the  conditions 
above  mentioned;  and  said  agreement  shall  further  provide 
that  upon  the  faithful  performance  of  the  provisions  men- 
tioned in  this  section,  said  five  thousand  ($5, 000. 00)  dollars  in 
cavh.  .-.hall  he  returned  to  said  Mississippi  Valley  Telephone 
Company. 

2840.  See.  13.  Failure  on  the  part  of  said  company  to  file 
its  acceptance  hereof  with  the  City  Clerk,  as  herein  provided, 
or  to  file  its  bond  within  the  time  limited  herein,  or  to  comply 
with  any  of  the  provisions  of  this  ordinance,  shall  render  this 
ordinance  null  and  void. 

Sec.  14.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  publication  and  acceptance. 

Ordinance  No.  2118. 

i  Approved  May  23,  1900.) 

2841.  An   Ordinance   supplemental   to   and  amendatory  of 

Ordinance  No.  1974,  entitled  "An  ordinance  grant- 
ing to  the  Mississippi  Valley  Telephone  Company, 
its  successors  and  assigns,  authority  to  construct, 
operate  and  maintain  a  telephone  exchange  system 
in  the  City  of  St.  Paul,"  approved  March  23,  1898. 

The  Common   Council  of  the  City  of  St.   Paul  do  ordain  as 

follows : 

Sec.  1.  That  section  three  (3)  of  Ordinance  No.  1974, 
entitled  ''An  ordinance  granting  to  the  Mississippi  Valley 
Telephone  Company,  its  successors  and  assigns,  authority  to 
construct,  operate  and  maintain  a  telephone  "exchange  system 
in  the  City  of  St.  Paul,"  approved  March  23,  1898,  be  and  the 
same  is  hereby  amended  by  adding  to  said  section  the  follow- 
ing: "Provided,  however,  that  two  sets  of  telephone  instru- 
ments may  be  attached  to  any  one  circuit  when  both  such 
telephone  instruments  are  used  in  residences,  and  pafty  lines 
may  be  established  to  such  extent." 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication 


1  L29 

SAME. 

Ordinance  No.  2080. 

(Approved   Nov.  8,   L899.  I 

2842.  An   Ordinance   supplemental   to   and   amendatory   of 

Ordinance  No.  1974  of  the  general  ordinances  of 
the  City  of  St.  Paul,  approved  March  23,  1898,  and 
entitled  "An  ordinance  granting  to  the  Mississippi 
Valley  Telephone  Company,  its  successors  or  as- 
signs, authority  to  construct,  operate  and  maintain 
a  telephone  exchange  system  in  the  City  of  St. 
Paul." 

Whereas,  By  Ordinance  No.  19.1  I  of  the  City  of  St.  Paul, 
entitled  "An  ordinance  granting  to  the  Mississippi  Valley 
Telephone  Company,  its  successors  and  assigns,  authority  to 
construct,  operate  and  maintain  a  telephone  exchange  system 
in  the  City  of  St.  Paul,"  approved  March  23,  1898,  there  was 
granted  unto  the  Mississippi  Valley  Telephone  Company,  a 
corporation  organized  under  the  laws  of  the  State  of  Minne- 
sota, its  successors  and  assigns,  the  righl  and  authority  to 
establish,  construct,  operate  and  maintain  a  telephone 
change  system  in  the  Cit)  of  St.  Paul,  Minnesota,  upon  the 
conditions  and  subject  to  the  provisions  of  said  ordinance; 
and 

2843.  Whereas,  l>\  section  eleven  (11)  of  said  ordinance. 
it  was  provided,  anion-  other  things,  that  said  company 
should  within  eighteen  I  18)  months  from  the  dale  of  filing  of 
the  bond  provided  for  in  said  section  eleven,  have  nol  less 
than  one  thousand  two  hundred  i  1,200)  bona  fide  subscribers, 
with  telephone--  connected  with  the  system  to  be  installed  as 
provided  in  Baid  ordinance,  and  have  said  one  thousand  two 
hundred  (1,200)  telephones  in  operation  in  said  city  within 
said  eighteen  (18)  month-.,  which  said  bond  was  filed  with 
the  said  clerk  of  said  City,  as  provided  by  Section  eleven,  on 
the  I'.'th  day  of  May,  1898;  and 

2844.  Whereas,  The  Mississippi  Valley  Telephone  Com- 
pany desires,  owing  to  unforeseen  obstacles,  to  secure  an  ex- 
tension of  the  time  to  comply  with  the  performance  of  said 


1  L30 

ordinance  with  respect  to  having  in  operation  the  said  number 
of  telephones;  now  therefore 

The  Common  Council  of  the   City  of  St.    Paul  do  ordain  as 
follow-  : 

2845.  Sec.  1.  That  there  be  and  there  is  hereby  granted  to 
the  Mississippi  Valley  Telephone  Company,  the  grantee  of 
the  rights  conferred  by  Ordinance  Xo.  1974  aforesaid,  upon 
the  conditions  and  upon  the  terms  hereinafter  recited,  such  an 
extension  of  the  time  limited  in  and  prescribed  by  the  terms 
of  said  Ordinance  No.  19T4,  within  which  the  said  company  is 
required  to  have  not  less  than  twelve  hundred  bona  fide  sub- 
scribers with  telephones  connected  with  said  system  and  in 
operation  within  said  City,  as  that  the  said  Mississippi  Valley 
Telephone  Company  shall  have  the  full  period  of  twenty  (20) 
months  from  the  date  of  the  filing  of  the  bond  by  the  terms  of 
section  eleven  of  said  Ordinance  Xo.  1974  required,  and  until 
the  19th  day  of  January,  1900,  within  which  time  to  have  not 
less  than  twelve  hundred  (1200)  bona  fide  subscribers  with 
telephones  connected  with  said  system  and  in  operation  with- 
in said  City,  and  to  have  in  complete  and  full  operation  within 
said  City  said  twelve  hundred  (1200)  telephones. 

2846.  Sec.  2.  The  said  Mississippi  Valley  Telephone 
Company  shall  file  its  written  acceptance  of  the  provisions 
cf  this  ordinance  with  the  City  Clerk  of  the  City  of  St.  Paul 
on  or  before  the  expiration  of  fifteen  (15)  days  from  and  after 
the  passage  and  approval  hereof,  and  shall,  at  the  same  time 
file  with  the  said  City  Clerk  a  bond  to  be  approved  as  to  form 
and  execution  by  the  Corporation  Attorney  of  said  City,  with 
sufficient  sureties  to  be  approved  by  the  Common  Council  of 
said   City    in     the   sum     of     Twenty-five   Thousand   Dollars 

,000.00),  conditioned  that  the  said  Mississippi  Valley 
Telephone  Company,  its  successors  or  assigns,  shall  have 
commenced  its  said  work  of  construction  on  said  telephone 
and  conduit  system  on  or  before  the  fifteen  (15)  days  from 
the  filing  of  its  acceptance  of  the  said  Ordinance  Xo.  1974,  as 
approved  March  23,  1898.  and  shall  have  thereafter  and  here- 
after prosecuted  its  work  of  construction  with  all  reasonable 
diligence,  and  shall,  within  the  period  of  six  (6)  months  from 


1131 

the  date  of  its  filing  of  the  bond  in  and  by  the  terms  of  section 
eleven  of  said  Ordinance  No.  1974  required,  have  expended  in 
the  actual  construction  of  its  said  system  not  less  than  Fifty 
Thousand  Dollars  ($50,000.00),  and  shall,  within  a  period  of 
twenty  (20)  months  from  the  date  of  the  filing  of  said  bond 
therein  required  and  on  or  before  the  10th  day  of  January, 
k900,  have  not  less  than  twelve  hundred  (1200)  bona  fide  sub- 
scribers with  telephones  connected  with  such  system  and  in 
operation  within  the  City  of  St.  Paul,  and  further,  thai  said 
company  shall  have  complied  with  all  of  the  ordinances,  rules 
and  regulations  of  the  City  of  St.  Paul  in  the  construction  and 
operation  of  said  system,  and  shall  hereafter  comply  with  all 
of  the  said  ordinances,  rules  and  regulations,  and  shall  and 
will  protect  and  save  harmless  the  City  of  St.  Paul  from  all 
damages  or  losses  from  or  arising  out  of  or  by  reason  of  the 
construction  or  operation  of  said  telephone  exchange  and  con- 
duit system,  accruing  as  well  before  the  execution  of  the 
bond  herein  required  as  subsequent  thereto,  and  from  all  dam- 
ages or  losses  from  or  arising  out  of  or  by  reason  of  any  in- 
fringement or  claims  of  infringement  of  any  patent  or  patent 
rights  upon  any  article  or  system  used  in  the  construction, 
operation  or  use  of  said  telephone  and  conduil  system,  arising 
as  well  prior  to  the  execution  of  tin-  bond  herein  required  as 
subsequent  thereto,  which  said  bond  shall  be  in  lieu  of  any 
and  all  bonds  heretofore  gi\rn  under  the  requirements  of  the 
provisions  of  section  eleven  of  said  Ordinance  No.  1974. 

2847.  Sec.  '■>.  This  ordinance  shall  take  effect  and  be  h\ 
Force  from  and  after  its  passage,  publication  and  acceptance, 

as  hereinbefore   required,  and   upon   the  filing  by   the  said    Mis 

ppi    Valley   Telephone   Company    of   its   bond,    dulj    ap 
proved  as  hereinbefore  required  within  the  time  limited  here 

in,  nor  shall  this  ordinance  be  deemed  t..  have  an}  effeel  or 
any  force  whatever  until  after  a  compliance  in  full  with  the 
requirement  -  of  this  section. 


L132 

NORTHWESTERN    TELEPHONE    EXCHANGE    COM- 
PANY. 

See  also   Poles,  St.   Paul   Gas   Light   Company,  and    Electric 

Wires.  | 

From  Article  LXXX.,  Municipal  Code  of  1884. 

£848.  Sec.  3.  That  to  authorize  the  Northwestern  Tele- 
phone Exchange  Company  to  erect  telephone  or  telegraph 
poles  within  the  City  of  St.  Paul,  said  company  must  first  file 
in  the  office  of  the  city  engineer  a  written  application,  show- 
ing upon  what  street  or  streets  said  company  desires  permis- 
sion to  erect  said  poles,  together  with  the  whole  manner  of 
constructing  said  telephone  or  telegraph  poles,  as  to  the  length 
of  the  poles,  depth  in  ground,  their  position,  etc.,  which  appli- 
cation, if  approved  by  the  city  engineer  and  the  chief  engi- 
neer of  the  fire  department,  shall  be  deemed  as  permission  to 
erect  said  poles,  to  the  extent  of  said  approval. 
(Ord.  June  1,  1880,  §  1.) 

2849.  Sec.  1.  The  poles  hereby  authorized  to  be  erected, 
shall  be  planed  and  painted,  and  shall  be  set  in  the  sidewalk 
close  to  the  gutter  or  curb,  unless  special  directions  are  other- 
wise given  by  the  city  engineer;  all  poles  must  be  erected  to 
the  satisfaction  and  approval  of  said  engineer. 

(Id.  §2.) 

2850.  Sec.  5.  Whenever  any  street,  on  which  any  tele- 
phone or  telegraph  pole  shall  have  been  set,  shall  be  graded 
or  paved,  the  said  telephone  company  shall  reset  said  poles 
so  as  to  conform  to  the  street  as  reconstructed. 

(Id.  §3.) 

2851.  Sec.  6.  All  the  proceedings  of  said  Northwestern 
Telephone  Exchange  Company,  under  this  ordinance,  shall  be 
subject  to  any  ordinance  relative  to  the  same,  which  may  be 
passed  by  the  Common  Council  of  the  City  of  St.  Paul. 

(Id.  §4.) 


1133 

SAME. 

Ordinance  No.  1262. 

(Approved  November  20,  1889.) 

2852.  An   Ordinance  granting   to   the   Northwestern   Tele- 

phone  Exchange   Company   the   right  to   lay   con- 
duits for  underground  wires  in  the  City  of  St.  Paul. 

The  Common  Council  of  the  City  of  St.    Paul  do  ordain  as 

follows : 

Sec.  1.  Permission  is  hereby  granted  to  the  Northwest- 
ern Telephone  Exchange  Company,  its  successors)  and  as 
signs,  for  a  period  of  twenty  (20)  years  from  their  acceptance 
under  this  ordinance,  to  construct,  maintain,  and  repair  con- 
duits or  subways,  with  necessary  manholes  and  service  pipes, 
for  the  purpose  of  conducting  and  distributing  its  telephone 
wires  upon  the  following  streets,  to-wit: 

Upon  Eas1  Fifth  street,  from  the  westerly  line  of  Cedar 
street  to  the  easterly  line  of  Wacouta  street,  and  upon  Cedar 
street,  from  the  southerly  line  of  Second  street  to  tin'  north- 
erly line  of  Seventh  street.  Provided,  that  nothing  herein 
contained  shall  he  construed  a--  granting  an}  exclusive  priv- 
ileges, or  in  any  way  preventing  the  common  council  from 
granting  like  privileges  to  those  herein  granted  to  others  in 
any  streel . 

2853.  2.     Tin.    main   conduits  or  subways   herein   au 
thorized  shall  he  laid  in  streets  and  avenues,  in  a  line  pai 
with   the   curb  lines   thereof,  and   ai    such   distance    from    the 
curbstone  a-   -hall   not   interfere   with    water,  gas,  and   sewer 
pipes  already  in  said  street^  and  avenues;  and  all  said 
duits  or  subways  -hall  hi'  constructed   under  the  supervision 
of  tin-  '  h  •   engineer  of  the  Cit)  of  St .  Paul,  or  such  othei 

cer  as  may  be  designated  by  ordinance  for  that  purpose,  and 
in  such  part  of  the  r  avenu<  all  hi-  designated 

Lich  officer,  and  all  plan-  and  detail-  of  -aid  conduil  or  sub 
-    in   any   -tree]    in   the   Cit)    of  St.    Paul    shall   he  submitted 

and  approved  b)   such. officer  before  any  such  conduil  oi 
way  shall  he  laid.      Tin  rein,  tin 

ms,  -hall  commence  tin-  construction  of  such  conduits  or 

subways    within    -i\    I'll    months    from    tin-    a<  I    this 


1134 

ordinance,  and  shall  complete  the  construction  thereof  on  the 
streets  hereinabove  named  within  one  (1)  year  of  such  ac- 
ceptance, or  this  franchise  shall  be  null  and  void. 

2854.  Sec.  3.  At  least  twenty-four  (24)  hours  before  open- 
ing any  street,  avenue,  or  alley,  or  any  public  place,  the  gran- 
tees herein,  their  successors  and  assigns,  shall  notify  the 
proper  officers  of  said  city  in  writing  of  such  intention,  stating 
the  place  where,  and  the  objects  for  which  such  opening  is  to 
be  made  ;  and  shall  file  with  the  city  engineer  of  the  City  of  St. 
Paul  a  map  or  plan  showing  the  location  of  such  conduit  and 
manholes,  which  plan  shall  be  approved  by  said  city  engineer 
before  the  opening  of  any  street  or  alley. 

And  in  opening  and  refilling  of  all  the  openings  made  as 
aforesaid,  and  in  the  relaying  of  pavements  and  all  other  work 
necessary  to  complete  the  restoration  of  the  streets,  pave- 
ments, sidewalks,  or  grounds  to  an  equally  good  condition  as 
when  disturbed,  the  said  grantees  herein,  their  successors,  and 
assigns,  or  their  contractor,  servant  or  employees,  shall  be 
under  the  supervision  of  the  city  engineer  of  the  City  of  St. 
Paul,  or  such  other  officer  as  may  be  designated  for  that  pur- 
pose, and  shall  promptly  comply  with  any  order  of  his  in  ref- 
erence thereto,  and  in  case  they  fail  to  comply  with  such 
order  the  city  may  perform  the  work  ordered,  and  the  gran- 
tees will  pay  therefor,  and  all  of  said  work  shall  be  done  at 
the  cost  of  said  grantees. 

Xor  shall  any  street,  avenue,  or  alley,  or  public  place  be 
allowed  to  remain  open  or  encumbered  for  a  longer  period 
than  shall  be  necessary  to  execute  the  work  for  which  the 
same  has  been  opened ;  such  period  in  no  case  to  exceed  fif- 
teen (15)  clays,  and  in  all  cases  where  the  work  requires  the 
exercise  of  skill,  as  in  the  laying  or  relaying  of  pavements  or 
sidewalks,  the  said  grantees,  their  successors,  and  assigns, 
shall  employ  none  but  skilled  workmen  familiar  with  the 
exec  tit  ion  of  such  work. 

2855.  Sec.  4.  In  consideration  of  the  privileges  herein 
granted,  the  grantees  herein,  their  successors,  and  assigns, 
shall,  without  cost  to  the  City  of  St.  Paul,  provide  space,  draw 
in  and  maintain  and  furnish  all  wires,  conductors  and  con- 
duits used  in  said  system  by  the  said  City  of  St.  Paul  for  tele- 


1  L35 

graph  or  telephone  or  fire  alarm  purposes,  and  in  addition 
thereto  continue  to  furnish  free,  twenty  (20)  sets  of  tele- 
phones now  used  by  said  city,  and  at  half  rates  for  any  ad- 
ditional number  required. 

2858.  Sec.  5.  That  the  Northwestern  'Telephone  Ex- 
change Company  shall  construct  its  underground  conduits  of 
sufficient  capacity  to  carry  all  the  present  electrical  wires  of 
other  companies  and  its  own  wires,  and  provide  for  an  in- 
crease of  such  wires  to  at  least  the  extent  of  one  hundred 
(100)  per  cent  of  all  such  wires  at  present  in  use,  except  elec- 
tric light  and  power  wires,  and  shall  carry  such  wires  into  its 
conduits  upon  such  terms  and  conditions  as  shall  be  agreed 
upon  by  the  parties,  or  as  may  be  determined  by  arbitration 
as  follows,  viz:  The  said  Northwestern  Telephone  Exchange 
Company  shall  designate  one  arbitrator,  any  company  now 
existing,  or  to  be  hereafter  created  or  formed,  desiring  the 
use  of  any  conduit,  to  appoint  another,  and  these  two  to  desig- 
nate the  third,  and  the  decision  of  the  majority  of  such  arbi- 
trators as  to  the  terms  and  conditions  of  using  the  conduits 
shall  be  obligatory  on  both  parties  and  shall  constitute  the 
terms  and  conditions  upon  which  such  applying  companies, 
other  than  electric  light  and  power  companies,  shall  enter. 
use  and  occupy  such  conduits,  but  nothing  herein  contained 
shall  be  so  construed  as  to  compel  the  Northwestern  Tele- 
phone Exchange  Compan)  to  surrender  such  space  in  its  con- 
duits as  shall  b<  necessary  to  accommodate  its  own  business, 
and  in  no  event  to  an)  company  using  a  stronger  electric 
current,  which  would  impair  the  efficiency  of  the  servii 
said   Northwestern  Telephone   Exchai  rmpany,  the  ques- 

tion  of  interfere!  e  decided  bj   a  commits  isting 

of  t!  engineer,  superintendent   of  fire  alarm   telegraph, 

and  er  person  as  they  may  agree  upon. 

2857.  dinance  shall  be  si  i  a  »n- 

strue  ih-' >lve  said  grantees,  th< 

gal  liability  or  proceedings   to  restrain   or  abate 

any   nuisance  arising    from   the  construction   or  opera! ion   of 

said  conduits  or  subways,  nor  from  any  liabilit)    from  injury 

•  rson   or  property   resull  ing    fn  »m   the   n<  the 

grantees  herein,  their  su<  or  their  contrac- 


l  L36 

rvants  or  employes  in  constructing  or  operating  said 
subways,  nor  to  render  the  said  City  of  St.  Paul  liable  to  any 
person  or  corporation  for  any  damage  caused  by  the  com 
struction  or  operation  of  said  conduits  or  subways  by  the 
grantees  herein,  their  successors,  or  assigns;  and  said  gran- 
tees, their  successors,  and  assigns,  shall  protect  and  save  the 
City  of  St.  Paul  harmless  from  any  suit  or  claim  for  injuries 
or  damages  arising  from  their  negligence,  or  that  of  their 
contractor  or  servants  or  employes  in  the  construction  or  oper- 
ation of  said  conduits  or  subways. 

2858.  Sec.  7.  The  grantees  herein,  their  successors,  and 
assigns,  shall  at  all  times  be  subject  to  and  comply  with  all 
the  ordinances  of  the  City  of  St.  Paul,  now  in  force,  or  that 
may  be  hereafter  passed,  governing  the  nse  of  and  occupancy 
of  streets  of  said  city,  subject  only  to  the  limitations  herein 
provided,  and  shall  comply  with  all  police  regulations  now 
in  or  hereafter  enacted;  and  should  said  grantees,  their  suc- 
cessors,  or  assigns,  at  any  time  fail  or  refuse  to  obey  and  com- 
ply with  any  of  the  provisions  herein  contained  or  hereafter 
enacted  subject  to  the  limitations  above,  then  said  grantees, 
their  successors,  and  assigns,  shall  forfeit  all  right,  power, 
and  privileges  by  this  ordinance  granted  and  conferred,  and 
this  franchise  shall  be  null  and  void. 

2859.  Sec.  8.  That  before  the  construction  of  said  con- 
duits and  subways,  the  grantees  herein,  their  successors,  or 
assigns,  shall  execute  to  the  City  of  St.  Paul  a  bond  in  the 
sum  of  twenty  thousand  dollars  ($20,000),  conditioned  that 
said  grantees,  their  successors  and  assigns,  shall  indemnify 
and  save  the  City  of  St.  Paul  harmless  against  all  suits,  dam- 
costs  and  expenses  that  shall  in  any  way  result  to  the 

City  from  the  laying,  relaying,  or  using  of  said  conduits  or 
manholes  or  the  wires  therein.  Said  bond  shall  be  signed  by 
two  I  2  i  or  more  good  and  sufficient  sureties,  to  be  approved 
he  city  comptroller,  who  shall  report  to  the  common 
council  at  least  once  a  year  as  to  the  liability  of  said  sureties, 
and  should  the  common  council  of  the  City  of  St.  Paul,  by 
resolution,  deem  the  sureties  on  said  bond  insufficient  at  any 
time  during  the  continuance  of  this  franchise  the  grantees 
herein,   their   sticcessors,   or   assigns,   shall   within   thirty    (30) 


1137 

days  after  notice  of  said  resolution  lias  been  served  upon  the 
proper  officer  or  person  in  charge  of  the  construction  or  op- 
eration of  said  conduits  or  subways,  file  a  new  bond  with 
good  and  sufficient  sureties  as  above  provided. 

2860.  Sec.  9.  Tlie  said  grantees,  their  successors,  and  as- 
signs, shall  within  sixty  (60)  days  from  the  passage  and  ap- 
proval of  this  ordinance  hie  with  the  city  clerk,  an  acceptance, 
in  writing,  of  the  terms  and  conditions  herein  named,  which 
written  acceptance  shall  be  in  such  form  as  may  be  satisfac- 
tory to  the  corporation  attorney,  who  shall  indorse  thereon  his 
approval  of  the  form  thereof;  and  this  ordinance  shall  have  no 
(  ffect  until  such  acceptance  be  filed  with  the  city  clerk  as 
aforesaid. 

(As  amended  by  Ord.  1271,  Dec.   L7,   1889,  §  1.) 

2861.  Sec.  L0.  The  common  council  of  the  -aid  Cit}  of 
St.  Paul  reserves  the  right  to  order  the  construction  and  use 
by  -aid  grantees  of  not  less  than  six  thousand  (6,000)  fret  of 
additional  conduits  and  wire-  during  each  year  after  tin-  year 
L889,  on  such  streets  and  avenues  as  the  common  council  may 
designate,  and  in  the  event  of  non-compliance  with  an)  such 
order,  all  rights  hereby  granted  shall  be  forfeited. 

Sec.    11.      This  ordinance  shall  take  effect   and  be  in   force 
from  and  after  ii-  passage  and  approval. 

SAME. 

Ordinance  No.  1443. 

I  Vppr<  »ved  I  )ecember  '■'<.  L890  - 

2862.  An  Ordinance  supplemental  to  Ordinance  No.   1296, 

entitled  "An  ordinance  granting  the  Northwestern 
Telephone  Exchange  Company  the  right  to  lay 
conduits  for  carrying  the  wires  of  such  company 
underground  in  the  City  of  St.  Paul,"  approved 
Feb.  19,  1890. 

The   Common  Council  of  the  City  of  St.   Paul  do  ordain  as 
folk  iws : 

I.     There   is  hereby    granted    ami    allowed   to   the 
Northwestern  Telephone   Exchan       '       ipan}   an  extension  of 


1  L38 

time  until  the  first  day  of  April,  1891,  to  complete  the  con- 
struction o*f  the  conduits  and  subways  and  the  necessary  man- 
holes and  service  pipes  as  authorized  to  be  constructed,  main- 
tained, and  operated  by  section  one  (1)  of  ordinance  number 
twelve  hundred  and  ninety-six  i  1296),  entitled  "An  ordinance 
granting  the  Northwestern  Telephone  Exchange  Company  the 
right  to  lay  conduits  for  carrying  the  wires  of  such  company 
underground  in  the  City  of  St.  Paul/'  approved  Feb.  19,  1890, 
and  also  for  the  doing  and  completion  of  all  the  work  author- 
ized to  be  dune  by  all  the  provisions  of  said  ordinance,  which 
said  work  was  to  be  fully  done  and  completed  in  and  by  the 
terms  of  said  ordinance  on  or  before  the  1st  day  of  December, 
A.  1).  1890;  provided,  however,  that  if  the  said  company  shall 
fail  or  neglect  to  fully  complete  all  of  the  work  provided  in 
said  ordinance  within  the  said  extended  time  herein  specified, 
the  forfeiture,  penalty  and  provisions  of  section  seven  ('?  )  of 
said  ordinance  number  twelve  hundred  and  ninety-six  (1296), 
together  with  all  the  other  provisions  of  said  ordinance,  shall 
apply  and  be  in  full  force,  with  the  same  effect  as  if  the  said 
extended  time  had  been  specified  originally  in  said  ordinance 
number  twelve  hundred  and  ninety-six  (1296)  for  the  com- 
pletion of  all  the  work  authorized  to  be  done  by  the  terms  of 
said  ordinance  ;  provided  further,  however,  that  this  ordinance 
shall  not  be  construed  and  is  not  intended  to  waive  the  right 
of  the  city  to  declare  and  enforce  a  forfeiture  of  said  franchise 
in  case  said  company  shall  fail  to  comply  with  all  other  pro- 
ms of  said  ordinance  number  twelve  hundred  and  mnety- 
six  (1296)  in  the  same  manner  and  at  the  times  therein  pro- 
vided. 

2863.  .    2.     The    Northwestern     Telephone      Exchange 

Company  shall  within  thirty  (30)  days  from  the  passage  and 
approval  of  this  ordinance  file  with  the  city  clerk  an  accept- 
ance, in  writing,  of  the  terms  and  conditions  of  tlVJs  ordinance, 
which  written  acceptance  shall  be  in  such  form  as  shall  be 
satisfactory  to  the  corporation  attorney,  who  shall  endorse 
thereon  his  approval  of  the  form  thereof. 

3.     This  ordinance  shall  take  effect  and  be  in  force 
from   and  after  its  publication  and  acceptance  as  aforesaid. 


L139 

SAME. 

Ordinance  No.  1296. 

(  Approved  February  19,  1890. ) 

2864.  An    Ordinance   granting   to   the   Northwestern   Tele- 

phone Exchange  Company  the  right  to  lay  con- 
duits for  carrying  the  wires  of  such  company  un- 
derground in  the  City  of  St.  Paul. 

The   Common   Council   of  the   City   of   St.    Paul   do  ordain   as 
follows  : 

Sec.   1.     The  right  and  permission  is  hereby  granted  to 
the    Northwestern    Telephone    Exchange    Company,    it-    suc- 

>rs,  and  assigns,  to  construct,  maintain,  operate,  and  re- 
pair electrical  wires,  conduits,  or  subways,  with  necessary 
manholes  and  service  pipes,  sufficient  for  the  purpose  of  con- 
ducting and  distributing  it-  wires  upon  and  through  such 
streets  and  in  such  portions  of  the  streets  of  the  City  of  St. 
Paul  as  shall  by  resolutions  of  the  common  council  of  said 
city  be  from  time  to  time  hereafter  designated,  but  no  rights 
or  privileges  are  by  tin's  ordinance  granted  to  said  company 
upon  any  streel  or  portion  of  a  street  which  shall  not  be  so 
designated  by  -aid  common  council  by  a  three-fourths 
Such  right  and  permission  to  he  extended  b)  said  company  in 
manner  and  in  form  a-  is  hereinafter  provided  and  subjeel  to 
the  directions  and  requirements  of  this  ordinance  ami  nol 
othi  ■ 

2865.  '!.  Tin-  main  conduit-  or  subways  herein  au- 
thorized -hall  be  laid  in  streets  and  avenues  on  a  hue  parallel 
with  tin-  curb  line-  thereof,  and  at  such  distances  from  the 
eurh  -tone  a-  not  to  interfere  with  water,  gas  and  -ewer  pipes 
alreadj  in  said  sti  "I  avenues,  \w\  all  -aid  conduits  or 
subways  -hall  he  constructed  under  the  supervision  of  the 
cit)                          the  City  of  St.    Paul,  or  such  other  officer 

desi  mated  l>\    ordinance  for  thai   purpose,  and  in 
such  part  -  i  if  tin  i  ir  avenu  hall  he  d<  l  by 

such  And   all   plans  and   details  of  *-> ; i i < I  conduit 

subways  in  any  streel  of  the  City  of  St.  Paul  shall  be  submit- 
ted to  and  approved  1>\  such  officer  before  an\  such  conduil  or 
subway  -hall  be  laid. 


L140 

2866.  Sec.  ■">.  At  least  twenty-four  (24)  hours  before  open- 
ing any  street,  avenue,  or  alley,  or  any  public  place,  the  gran- 
tees herein  named,  their  successors  and  assigns,  shall  notify 
the  proper  officer  of  said  city  in  writing  of  their  intention  to 
l..\  such  conduit  or  subway,  stating"  the  place  where  and  dis- 
tances the  same  shall  run  and  the  objects  for  which  such 
opening  is  to  be  made,  and  shall  file  with  the  city  engineer  of 
the  City  of  St.  Paul  a  map  or  plan  showing  the  location  of 
such  conduit  and  manholes,  which  plan  shall  be  approved  by 
the  city  engineer  before  the  opening  of  any  street  or  alley. 
And  in  the  opening  and  refilling  of  all  the  openings  made  as 
aforesaid,  and  in  the  relaying  of  the  pavements,  and  all  other 
work  necessary  to  complete  the  restoration  of  the  street, 
pavements,  sidewalks,  and  ground  to  any  equally  good  con- 
dition as  when  disturbed,  the  said  grantees  herein,  their  suc- 
cessors, or  assigns,  or  their  contractor,  servant  or  employes, 
shall  be  under  the  supervision  of  the  city  engineer  of  the  City 
of  St.  Paul,  or  such  other  officer  as  may  be  designated  for  that 
purpose,  and  shall  promptly  comply  with  any  order  of  his  in- 
reference  thereto ;  and  in  case  they  fail  to  comply  with  such 
order  the  city  may  perform  the  work  ordered  and  the  grantees 
will  pay  therefor,  and  all  of  said  work  shall  be  done  at  the 
cost  of  said  grantees.  Xor  shall  any  street,  avenue  or  alley, 
or  public  place  be  allow/ed  to  remain  open  or  encumbered  for 
a  longer  period  than  shall  be  necessary  to  execute  the  work 
for  which  the  same  has  been  opened.  Such  period  in  no  case 
to  exceed  fifteen  (15)  days.  And  in  all  cases  where  the  work 
requires  the  exercise  of  skill,  as  in  the  laying  or  relaying  of 
pavements  or  sidewalks,  the  said  grantees,  their  successors,  or 
assign-,  shall  employ  none  but  skilled  workmen,  familiar  with 
the  execution  of  such  work. 

2867.  Sec.  d.  Nothing  in  this  ordinance  shall  be  so  con- 
strued as  to  absolve  said  grantees,  their  successors,  or  assigns, 
'rom  any  legal  liability  or  proceedings  to  restrain  or  abate  any 
nuisance  arising  from  the  construction  or  operation  of  said 
conduits  or  subways,  nor  from  any  liability  from  injury  to 
persons  or  property  resulting  from  the  negligence  of  the 
c,'-antees  herein,  their  successors,  or  assigns,  or  their 
contractors,     servants,     or     employes,     in     constructing     or 


1141 

operating  said  subways;  nor  to  render  the  said  City  of  St.  Paul 
liable  to  any  person  or  corporation  for  any  damage  caused  in 
the  construction  or  operation  of  said  conduit--  or  subways  by 
the  grantees  herein,  their  successors,  or  assigns.  And  said 
grantees,  their  successors,  or  assigns,  shall  protect  and  save 
the  City  of  St.  Paul  harmless  From  any  suit  or  claim  for  in- 
juries or  damages  arising  from  their  negligence  or  that  of 
their  contractor  or  servant  or  employes  in  the  construction 
or  operation  of  said  conduits  or  subways. 

2868.  Sec.  5.  The  grantees  herein,  their  successors,  and 
assigns,  -had  be  at  all  times  subject  to  and  comply  with  all 
lawful  ordinances  of  the  City  of  St.  Paul  now  in  force  or  that 
may  hereafter  be  passed  relating  to  the  use  and  occupanc}  of 
the  streets  of  said  city,  and  shall  construct  and  complete  at 
least  two  (2)  miles  of  conduits  along  the  streets  of  said  city, 
and  place  their  wires  along  said  two  (2)  miles  of  Streets  in 
said  conduits  on  or  before  the  first  day  of  Decefmber,  A.  I ). 
L890,  and  shall  thereafter  place  their  wires  in  conduit-  under 
ground  whenever  ordered  by  the  common  council  of  the  City 
of  St.  Paul,  not  exceeding  two  (2)  miles  per  year,  and  shall 
comply  with  all  police  regulations  now  or  hereafter  enacted; 
and  that  before  the  construction  of  said  conduits  ami  subways 
tin-  grantees  herein,  their  successors,  or  assigns,  shall   execute 

to   the    City    of    St.    Paul    a   bond    in    the    sum    of    ten    thousand 

dollar-   (Sin  uihi  i.  conditioned   thai    --aid   grantees,   their  suc- 

irs,    ami    assigns,    -hall    indemnify    and    save    harmless    the 

City  of  St.  Paul  againsl  all  -nit-,  damages,  costs  ami  expenses 
that  shall  in  any  way  result  to  the  city  from  the  laying,  relay* 
iug  or  using  of  -aid  conduits  or  manholes  or  the  w<  irks  therein. 

Said  bond  -hall  be  signed  by  two  i  2  i  or  more  good  and 
sufficient  sureties,  to  be  approved  by  the  cit)  comptroller,  who 
--hall  report  to  the  common  council,  at  least  once  a  year,  as  to 
the  liability  of  said  sureties.  And  should  the  common  council 
of  the  City  of  St.  Paul,  by  resolution,  deem  the  sureties  of 
said  bond  insufficient  at  any  time  during  the  continuance  of 
this    franchise,   the  grantee-  herein,  their  successors,  or  as- 

.  shall   within  thirty   <:;(,i   day-  after  notice  of  said   ' 
lution  has  been  served  upon  the  proper  officer  or  person  in 
charge  of  the  construction  or  operation  of  said  conduits  or 


L 142 

subways,  file  a  new  bond  with  good  and  sufficient  sureties  as 
above  provided. 

(As  amended  by  Ord.  1700,  Aug'.  1.  L893,  §  1.     See.  also,  I  >.rd. 
1  I  13  f<  >r  extensii  in  of  time. ) 

2S69.  See.  6.     The  said  grantees  herein  named,  their  suc- 

—  rs,  or  assigns,  in  consideration  of  the  privileges  herein 

-ranted  to  them,  shall  furnish,  without  cost,  to  the  City  of  St. 
Paul,  twenty  (20)  sets  of  telephones  now  used  by  said  city, 
and  all  other  telephones  ordered  by  said  city  for  public  use  in 
its  departments  at  half  rates.  And  in  consideration  of  the 
privileges  herein  granted;  the  grantees  herein,  their  successors 
and  assigns,  shall,  without  cost  to  the  City  of  St.  Paul  pro- 
vide and  furnish  sufficient  conduits  of  the  same  character  as 
their  own  or  sufficient  space  in  their  conduits  in  all  streets  and 
parts  of  streets  they  occupy  or  use  hereunder  at  the  time  and 
ever  after  they  commence  to  use  any  thereof,  for.  draw  in, 
furnish  and  -maintain  in  working  order  all  wires  and  conduc- 
tors used  or  needed  on  or  along  such  streets  and  parts  of 
streets  by  the  City  of  St.  Paul  for  telegraph,  telephone,  fire 
alarm,  or  police  purposes.  And  said  grantees,  their  succes- 
sors, and  assigns,  shall  within  thirty  (30)  days  from  the  pass- 
age and  approval  of  this  ordinance  file  with  the  city  clerk  an 
acceptance  in  writing  of  the  terms  and  conditions  herein 
named,  which  written  acceptance  shall  be  in  such  form  as  may 
be  satisfactory  to  the  corporation  attorney,  who  shall  endorse 
thereon  his  approval  of  the  form  thereof,  and  this  ordinance 
shall  have  no  effect  until  such  acceptance  be  filed  with  the  city 
clerk  as  aforesaid. 

2870.  Sec.  7.  If  said  Northwestern  Telephone  Exchange 
Company  shall  fail  or  neglect  to  lay  said  conduits  and  place 
its  wires  underground  within  the  time  and  in  the  manner 
herein  specified,  or  shall  fail  to  comply  with  the  provisions  of 
this  ordinance,  then  all  rights  and  privileges  hereby  granted 
shall  be  forfeited  to  the  said  City  of  St.  Paul. 

2871.  Sec.  8.  The  said  Northwestern  Telephone  Ex- 
change Company,  its  successors,  or  assigns,  shall  be  entitled 
to  enjoy  the  rights  and  privileges  hereby  granted  for  the  term 
of  twenty  (20)  years  after  the  passage  and  publication  of  this 
ordinance. 


L143 

Sec.  9.     This  ordinance  shall  take  effect   and  be  in   force 
from  and  after  its  passage  and  approval. 

SAME. 

Ordinance  No.  2001. 

i  Appn  tved  August   5,   1898.  I 

2872.  An  Ordinance  regulating  and  controlling  the  placing 

of  poles  and  overhead  telephone  wires  in  a  certain 
district  in  the  Eleventh  ward  of  the  city. 

The  Common  Council  of  the  City  of  St.    Paul  do  ordain   as 

follows  : 

Sec.  1.  That  the  Northwestern  Telephone  Exchange 
Company  shall  forthwith,  and  within  sixty  days  after  the 
sage  of  this  ordinance,  remove  all  poles  ami  overhead 
wires  owned  and  maintained  by  said  company  mi  Fairview 
avenue  in  the  City  of  St.  Paul  between  Selby  avenue  and 
Marshall  avenue,  and  on  Marshall  avenue  between  Fairview 
avenue  and  Finn  avenue  in  said  city,  but  in  place  thereoi  said 
company  may  until  the  further  order  of  the  Common  Council 
place  and  maintain  said  poles  and  wires  on  Fairview  avenue 
between  the  point  where  Selby  avenue  joins  the  easterly  line 
thereof  south  to  the  point  where  Selby  avenue  joins  -aid  Pair 
view  avenue  on  the  west  side  thereof,  and  thence  on  Selby 
avenue  to  Finn  avenue  and  thence  on  Finn  avenue  i<>  -aid 
Mar-hall  avenue. 

2873.  2.     If  -aid    Northwestern   Telephone    Exchange 
Company   -hall   accepl    this  ordinance   in   tin-   manner   herein 
after  provided  and  abide  b)   the  conditions  thereof,  said  com 
pany  is  then  hereb)    authorized  to  complete  it-  existing  line 
of   pole-   and    wire-   i  ■  1 1    Prior   avenue    from   Selb)    avenue   to 
[Tniversity  avenue   putting    in   such   additional   poles   and    re 
placing  such  old  ones  as  ma\  be  necessary,  and  also  to  put  in 
.->  line  of  poles  and  wires  on  Cleveland  avenue  from  Mar-hall 
avenue   to   Selby   avenue  and   maintain   the   same   until    such 
time  a-  the  Common  Council  -hall  otherwise  order. 

2874.  Sec.  3.     From  and  after  the  passage  and  publication 
of   this   ordinance    -■•ml    Northwestern    Telephone     Exchange 


1111 

Compaii}  shall  nol  ered  any  poles  or  masts  of  any  character 
oi  place  any  overhead  wires  in  any  of  the  streets  in  the  dis- 
trict bounded  north  by  University  avenue,  west  by  Cleveland 
avenue,  south  by  Selby  avenue,  and  east  by  Herschel  avenue, 
but  when  occasion  shall  arise  for  additional  overhead  wires 
in  said  district  the  same  shall  be  placed  only  in  the  alleys  un- 
der the  direction  of  the  Common  Council. 

2875.  Sec.  I.  Said  Northwestern  Telephone  Exchange 
Company  shall  within  ten  days  after  the  passage  and  publica- 
tion of  this  ordinance  file  in  the  office  of  the  City  Clerk  its 
written  acceptance  thereof,  the  same  to  be  in  such  form  and 
to  be  executed  in  such  manner  as  shall  be  approved  by  the 
Corp«  »rati<  »n  Attorney. 

2876.  Sec.  5.  This  ordinance  having  been  duly  passed  and 
published,  shall  take  effect  and  be  in  force  from  and  after,  and 
only  upon  the  acceptance  thereof  in  the  form  and  manner 
hereinbefore  provided. 


SAME. 
Ordinance  No.  2010. 

(Approved  September  16,  1898.) 

2877.  An  Ordinance  regulating  and  controlling  the  placing 
of  poles  and  overhead  telephone  wires  in  a  certain 
district  in  the  Eleventh  ward  of  the  city. 

The   Common  Council  of  the   City  of  St.   Paul  do  ordain  as 
follows  : 

Sec.  1.  That  the  Northwestern  Telephone  Exchange 
Company  shall  forthwith  and  within  GO  days  after  the  passage 
of  this  ordinance  remove  all  poles  and  overhead  wires  owned 
and  maintained  by  said  company  on  Fairview  avenue,  in  the 
City  of  St.  Paul,  between  Selby  avenue  and  Marshall  avenue, 
and  on  Marshall  avenue  between  Fairview  avenue  and  Finn 
avenue,  in  said  city,  but  in  place  thereof  said  company  may 
place  said  poles  and  wires  on  Fairview  avenue  between  the 
point  where  Selby  avenue  joins  the  easterly  line  thereof  south 
to  the  point  where  Selby  avenue  joins  said  Fairview  avenue 


1145 

on  the  wesl  side  thereof,  and  thence  on  Selby  avenue  to  Finn 
avenue,  and  thence  on  Finn  avenue  to  Marshall  avenue. 

2878.  Sec.  2.  If  said  Northwestern  Telephone  Exchange 
C6mpany  shall  accept  this  ordinance  in  the  manner  herein- 
after provided,  and  abide  by  the  conditions  thereof,  said  com- 
pany then  is  hereby  authorized  to  complete  its  existing-  lin 
poles  and  wires  on  Prior  avenue,  from  Selby  avenue  to  Uni- 
versity avenue,  putting  in  such  additional  poles  and  replacing 
such  old  ones  as  may  be  necessary,  and  also  to  put  in  a  line  of 
poles  and  wires  on  Cleveland  avenue,  from  Marshall  avenue  to 
Selby  avenue. 

2879.  Sec.  o.  From  and  after  the  passage  and  publication 
of  this  ordinance,  said  Northwestern  Telephone  Exchange 
Company  shall  not  erect  any  poles  or  masts  of  any  character 
or  place  any  overhead  wires  in  any  of  the  streets  in  the  district 
bounded  north  by  University  avenue,  west  by  Cleveland  ave- 
nue, south  by  Selby  avenue,  and  east  by  Fairview  avenue, 
but  when  occasion  shall  arise  for  additional  overhead  wires 
in  said  district,  the  same  shall  be  placed  only  in  the  alleys. 

2880.  Sec.  4.  Said  Northwestern  Telephone  Exchange 
ipany  shall  within  ten  days  after  the  passage  and  publica- 
tion of  this  ordinance,  file  in  the  office  of  the  City  Clerk  its 
written  acceptance  thereof,  the  same  to  be  in  such  Form  as 
shall  be  approved  by  the  Corporation  Attorney. 

2881.  Sec.  5.  This  ordinance,  having  been  duly  passed 
and  published,  shall  lake  effeel  and  be  in  force  from  and  after 
and  onk  upon  the  acceptance  thereof  in  the  form  and  manner 
hereinbef  »re  pr<  <\  ided. 


1 1 1<; 

SAME. 

Ordinance  No.  2016. 

I  Approved  <  >ctober  10,   L898.  i 

2882.  An    Ordinance    to    amend    Ordinance    No.    2010,    en- 

titled "An  Ordinance  regulating  and  controlling 
the  placing  of  poles  and  overhead  telephone  wires 
in  a  certain  district  in  the  Eleventh  ward,  of  the 
City,"  approved  Sept.  16,  1898. 

The   Common   Council  of  the  City   of  St.   Paul  do   ordain  as 

follows  : 

Sec.  1.  Sec.  4,  of  Ordinance  No.  2010,  approved  Sept.  16, 
L898,  be  and  the  same  is  hereby  amended  so  as  to  read  as  fol- 
li  ws:  "Section  4.  Said  Northwestern  Telephone  Exchange 
Company  shall  within  thirty  ('30)  days  after  the  passage  and 
publication  of  this  ordinance,  file  in  the  office  of  the  City 
Clerk  its  written  acceptance  thereof,  the  same  to  be  in  such 
form  as  shall  be  approved  by  the  Corporation  Attorney." 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

MISSISSIPPI    VALLEY    TELEPHONE    COMPANY. 

Ordinance  No.  2080. 

I  Approved  Xovember  8,  1899.) 

2883.  An  Ordinance  supplemental  to  Ordinance  No.   1974 

of  the  general  ordinances  of  the  City  of  St.  Paul, 
approved  March  23,  1898,  and  entitled  "An  Ordi- 
nance granting  to  the  Mississippi  Valley  Tele- 
phone Company,  its  successors  and  assigns,  au- 
thority to  construct,  operate  and  maintain  a  tele- 
phone exchange  system  in  the  City  of  St.  Paul." 

Whereas,  by  Ordinance  No.  1974  of  the  City  of  St.  Paul, 
entitled  "An  Ordinance  granting  to  the  Mississippi  Valley 
Telephone  Company,  its  successors  and  assigns,  authority  to 
construct,  operate  and  maintain  a  telephone  exchange  system 
in  the  City  of  St.  Paul,"  approved  March  23,  1898,  there  was 
granted   unto  the   Mississippi   Valley  Telephone   Company,   a 


1147 

corporation  organized  under  the  laws  of  the  State  of  Minne- 
sota, its  successors  and  assigns,  the  right  and  authority  to 
establish,  construct,  operate  and  maintain  a  telephone  ex- 
change system  in  the  City  of  St.  Paul,  Minnesota,  upon  the 
conditions  and  subject  to  the  provisions  of  said  ordinance : 
and, 

2884.  Whereas,  by  section  eleven  of  said  ordinance,  it  was 
provided,  among  other  things,  that  said  company  should  with- 
in eighteen  (18)  months  from  the  date  of  filing  of  the  bond, 
provided  for  in  said  section  eleven,  have  not  less  than  one 
thousand  two  hundred  (  1,200)  bona  fide  subscribers,  with 
telephones  connected  with  the  system  to  be  installed  as  pro 
vided  in  said  ordinance,  and  have  said  one  thousand  two  hun- 
dred (1,200)  telephones  in  operation  in  said  city  within  said 
eighteen  i  L8)  months,  which  said  bond  was  filed  with  the  said 
clerk  of  said  city,  as  provided  by  section  eleven,  on  the  19th 
day  of  May.  A.  I ).  1898;  and 

2885.  Whereas,   the   Mississippi     Valley    Telephone   Com- 
pany desire.  owingt  to  unforeseen  obstacles,   to  secure  an  ex 
tension  of  the  time  to  comply   with  the  performance  of  said 
ordinance  with  respect  to  having  in  operation  the  said  numbei 

<  if  telephi  >nes  : 

Now,    therefore    ihe    Common    Council    of    the    Cit)    of   St. 
I 'aid  do  ordain  as  follows; 

2886.  1.  Thai  there  be  and  there  is  hereby  granted 
to  the  Mississippi  /Valley  Telephone  Company,  the  grantee 
of  the  rights  conferred  1>\  <  Ordinance  Mo.  I'-'i  l  aforesaid,  upon 
the  conditions  and  upon  the  onus  hereinafter  recited,  such 
.-in  extension  of  the  time  limited  in  and  prescribed  b)  the 
term-  of  -aid  (  Ordinance  \<>.  191  I.  within  which  the  said  com- 
pany i-  required  to  have  nol  less  than  twelve  hundred  bona 
fide  subscribers  with  telephones  connected  with  said  system 
and  in  operation  within  said  city,  as  thai  the  said  Mississippi 
Valley    Telephone    Company    shall    have    the    full    period    of 

twenty    (20)    month-,    from    the   dale   of   the    filing   of   the    bond 

by  the  terms  of  section  eleven  of  said  (  Ordinance  No,  191  I  re 
quired,  and  until  the  L9th  daj  of  January,  L900,  within  which 
time  to  have  not   less  than  twelve  hundred   (1,200)  bona  fide 


11  L8 

subscribers  with  telephones  connected  with  said  system  and  in 
operation  within  said  city,  and  to  have  in  complete  and  full 
operation  within  said  city  said  twelve  hundred  (1,200)  tele- 
ph<  >nes. 

2887.  Sec.  2.  That  said  Mississippi  Valley  Telephone 
Company  shall  file  its  written  acceptance  of  the  provisions  of 
this  ordinance  with  the  City  Clerk  of  St.  Panl  on  or  hefore 
the  expiration  of  fifteen  (15)  days  from  and  after  the  passage 
and  approval  hereof,  and  shall,  at  the  same  time,  file  with  said 
City  Clerk  a  bond  to  be  approved  as  to  form  and  execution 
by  the  Corporation  Attorney  of  said  city,  with  sufficient  sure- 
ties to  be  approved  by  the  Common  Council  of  said  city  in  the 
sum  of  twenty-five  thousand  dollars  ($25,000),  conditioned 
that  the  said  Mississippi  Valley  Telephone  Company,  its  suc- 
cessors or  assigns,  shall  have  commenced  its  said  work  of  con- 
struction on  said  telephone  and  conduit  system  on  or  before 
the  fifteen  (15)  days  from  the  filing  of  its  acceptance  of  the 
said  Ordinance  Xo.  1974,  as  approved  March  23,  1898,  and 
shall  have  thereafter  and  hereafter  prosecuted  its  work  of 
construction  with  all  reasonable  diligence,  and  shall,  within 
the  period  of  six  (6)  months  from  the  date  of  its  filing  of  the 
bond  in  and  by  the  terms  of  section  eleven  of  said  Ordinance 
Xo.  1974:  required,  have  expended  in  the  actual  construction 
of  its  said  system  not  less  than  fifty  thousand  dollars 
($50,000),  and  shall,  within  a  period  of  twenty  (20)  months 
from  the  date  of  the  filing  of  said  bond  therein  required  and 
on  or  before  the  19th  day  of  January,  1900,  have  not  less  than 
twelve  hundred  (1,200)  bona  fide  subscribers  with  telephones 
connected  with  such  system  and  in  operation  w-ithin  the  City 
of  St.  Paul,  and  further,  that  said  company  shall  have  com- 
plied with  all  of  the  ordinances,  rules  and  regulations  of  the 
City  of  St.  Paul  in  the  construction  and  operation  of  said  sys- 
tem, and  shall  hereafter  comply  with  all  of  the  said  ordi- 
nances, rules  and  regulations,  and  shall  and  will  protect 
and  save  harmless  the  City  of  St.  Paul  from  all  dam- 
ages or  losses  from  or  arising  out  of  or  by  reason  of  the  con- 
struction or  operation  of  said  telephone  exchange  and  conduit 
system,  accruing  as  well  before  the  execution  of  the  bond  here- 
in required  as  subsequent  thereto,  and  from  all  damages  or 


1149 

losses  from  or  arising"  out  of  or  by  reason  of  any  infringement 

or  claims  of  infringement  of  any  patent  or  patent  rights  upon 
any  article  or  system  used  in  the  construction,  operation  or 
use  of  said  telephone  and  conduit  system,  arising  as  well 
prior  to  the  execution  of  the  bond  herein  required  as  subse- 
quent thereto,  which  said  bond  shall  be  in  lieu  of  any  and  all 
bonds  heretofore  given  under  the  requirements  of  the  pro 
visions  of  section  eleven  of  said  (  Irdinance  No.   L91  l. 

2888.  See.  3.  This  ordinance  shall  lake  effect  and  be  in 
force  from  and  after  its  passage,  publication  and  acceptance, 
as  hereinbefore  required,  and  upon  the  filing  by  the  said  Mis- 
sissippi Valley  Telephone  Company,  of  its  bond,  duly  ap- 
proved as  hereinbefore  required  within  the  time  limited  here- 
in, nor  shall  this  ordinance  be  deemed  to  have  any  effect  or 
any  force  whatever  until  after  a  compliance  in  full  with  the 
requirements  of  this  section. 


SAME. 

Ordinance  No.  2118. 

(Approved  .May  83,  L900.) 

2889.  An  Ordinance  supplemental  to  and  amendatory  of 
Ordinance  No.  1974,  entitled,  "An  Ordinance 
granting  to  the  Mississippi  Valley  Telephone 
Company,  its  successors  and  assigns,  authority  to 
construct,  operate  and  maintain  a  telephone  ex- 
change system  in  the  City  of  St.  Paul,"  approved 
March  23,  1898. 

The  Common  Council  of  the  Cit)    of  St.   Paul  do  ordain  as 

fi  .11'  »ws : 

Sec.    I.     Thai    section   3  of  Ordinano  1974,  entitled 

"An  Ordinance  granting  to  the  Mississippi  Valle)   Telephone 
Company,  its  sui  igns,  authority  to  construct, 

operate    and    maintain   a    telephone   exilian-, •   system    in   the 
City  of  St.  Paul,"  approved  March  23,  1898,  be  and  the 
is  hereb)    amended  by  adding  to  said  section  the   following: 
Provided,   however,   thai    two   sets  of   telephone   instruments 
ma)  be  attached  to  an)  one  circuit  when  both  such  telephone 


11 J 

sidei       -     md  party  lines  may  be  es- 

tabli-  such  extent. 

8.     This  Ordinance  shall  take  effect  and  be  in  force 

5S    g      md  publication. 

SAME. 

Ordinance  No.  2393. 

(Approved   Aug.   20,   19 

2890.  An  Ordinance  to  release  and  discharge  the  Twin 
City  Telephone  Company  and  its  surety,  the  Unit- 
ed States  Fidelity  &  Guaranty  Company  from  the 
bond  given  by  them  to  the  City  of  St.  Paul  under 
the  provisions  of  Ordinance  No.  2080.  passed  No- 
vember 7.  1899.  and  approved  November  8.  1899. 
and  supplemental  to  Ordinance  No.  1974. 

2S91.         Whereas.   The  Twin   City  Telephone   Company  un- 
rr  name  of   Mississippi   Valley   Telephone   Com- 
pany, did  ex-  the  City  of  St.  Paul  a  bond  in  the  sum  of 
Twenty-five    Thousand    Dollars      $21  signed   by   The 
rtiaranty  Company  as  -              under  the  prov; - 
nance   No.  20£       passed    Noveml    r         L£         and  ap- 

;<plemental  to  Ordinance 

2892.  Telephone   Company  has 

i  Si  since  the  execution 

n  and  equip- 
-  thereb 
said    City    I  :t    it 

oaccou 
_ 

lin  as 

ne    Company 
uaranty  Com- 
nd  heret 
the  i 

:  the  Cit; 


1153 

St.  Paul,  entitled  "An  ordinance  granting  to  the  Mississippi 
Valley  Telephone  Company,  it-  successors  and  assigns,  au- 
thority to  construct,  operate  and  maintain  a  telephone  ex- 
change system  in  the  City  of  St.  Paul,"  and  in  accordance 
with  tin-  provisions  of  Ordinance  No.  2080  supplemental 
thereto,  passed  November  7,  1899,  and  approved  November  8, 
1899,  and  that  said  bond  be  delivered  to  said  Twin  City  Tele- 
phone Company,  provided  the  passage  of  this  ordinance  shall 
not  relieve  said  company  from  any  <  if  the  other  requirements 
<>r   conditions   of   said   ordinances   hereinbefore    referred    to. 

Sec.  2.  This  ordinance  shall  take  effect  from  and  after  its 
publication. 

Ordinance  No.  2482. 
I  Approved  Dec.   IT  L904. 1 

2894.  An  Ordinance  to  require  the  removal  of  all  poles  and 

overhead    wires    from    a    portion    of    St.    Anthony 
avenue. 

The  Common   Council  of  the  Cit)    of  St.    Paul   do  ordain  as 

f(  dlows: 

Sec.  1.  That  all  persons,  companies  and  corporations 
now  having  and  maintaining  any  poles  and  overhead  wires  on 
St.  Anthony  avenue,  from  Cleveland  avenue  to  the  right  of 
\\a\  of  the  Chicago,  Milwaukee  <.\.-  St.  Paul  Railwaj  Company, 
in  the  City  of  Si.   Paul,  are  hereb)    ordered   and   required  to 

down  and  remove  all  such  poles  and  wires  from  said  por- 
tion of  -aid  street,  on  or  bef<  of  July,  1905,  For 
tin-  reas< »n  that   -aid  pole-  and   w  ires  have  b 

lie  nuisance  upon  -aid  streel  ;  and  to  thai  end.  permission 
i-  hereb)  given  to  an)  persons,  companies  or  corporations 
owning    ami    maintaining    an)    such  .    to    lay 

and  construct  underground  conduits  along  and  under  that  por- 
tion of  --aid  streel  for  the  accommodation  of  such  wire-  and 
the  transaction  of  their  business  thereon,  or,  in  tin  alleys 
if  tin-  alhy-  arc  preferable  i heri  I 

2895.  The  Commissionei  of  Public  Works  is  charged  with 
the  enforcenn  nl  irdinance  and  is  dire*  tec]  forthwith  to 
serve  a  copy  thereof  upon  all  persons,  companies  and  corpora 


L152 

tions  owning  or  maintaining  any  such  poles  and  wires  on  the 
aforesaid  portion  of  said  street,  and  in  case  of  disobedience  of 
the  terms  hereof,  said  Commissioner  of  Public  Works  is  au- 
thorized and  directed  forthwith  upon  the  expiration  of  the 
time  limited  for  the  removal  of  said  poles  and  wires,  to  take 
down  and  remove  all  of  said  poles  and  wires  from  the  afore- 
said portion  of  said  street;  the  cost  and  expense  thereof  to  be 
paid  from  the  Street  and  Sewer  Fund. 

Sec.   '2.     This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication. 

RESOLUTION. 

2896.  Whereas.  Certain     persons,     companies  or    corpora- 

tions are  now  using  and  maintaining  electrical  wires,  support- 
ed by  poles  and  appliances,  in  and  over  certain  streets  and 
public  grounds  in  the  City  within  the  prohibited  district  de- 
fined by  Ordinance  No.  1675,  approved  April  18.  1893,  being 
Article  number  28  of  the  compilation  of  city  ordinances,  and 
also  in  violation  of  the  provisions  of  Ordinance  Xo.  1764,  ap- 
proved June  4,  1894,  being  Article  number  57  of  said  compila- 
tion, which  said  wires  and  poles  constitute  an  unlawful  and 
dangerous  obstruction  of  said  streets  and  public  grounds ; 
therefore  be  it 

£897.  Resolved,  That  the  Honorable  Mayor  of  the  City  of 
St.  Paul  be  and  he  is  hereby  requested  to  cause  proper  notice 
to  be  served  upon  all  such  persons,  companies  or  corporations, 
directing  their  attention  to  the  fact  that  the  time  prescribed 
by  law  for  the  removal  of  all  such  wdres,  poles  and  appliances 
from  above  the  surface  of  said  streets  has  wholly  expired,  and 
requiring  them  to  comply  with  the  provisions  of  such  ordi- 
nances within  a  reasonable  time  after  the  service  of  such  no- 
tice under  penalty  of  being  summarily  dealt  with  as  therein 
provided  :  provided  that  the  wires,  poles  and  appliances  neces- 
sary to  supply  and  support  the  electric  arc  lights  now  main- 
tained for  the  purpose  of  lighting  said  City  be  exempted  from 
the  provisions  hereof. 

2S98.         Resolved  further,  That  the  City  Clerk  be  and  he  is 
hereby  directed  to  transmit  a  copy  of  this  resolution  to  the 
Honorable  Mayor  immediately  upon  its  passage. 
Approved  September  7,  1899. 


IK- 


INDEX. 

A. 

Sec.  No. 

Abatement — Salary    of    members 1 

Abbot   Manufacturing  Co. — Spur  track 1097 

Abutments — for    arches 1840 

Accidents — To     Elevators 1940 

Accidents — From    collision    of   vehicles..: I:.'.~> 

Accoucher — Registered    487 

Access — to  buildings — manholes,  etc.,  right  of  inspector, 

electrician    332 

Acid — Carbolic,   sale   in    crude  form 139 

Acid — Carbolic,   sale   of   restricted 134 

Additional    double    track,   Jackson    St.    Line    (City    Rail- 

u  ay)      2365 

Additions    or    alterations 1780 

Advertised    Articles    (Pawnbrokers,    etc.) 757 

tisements — Forbidden    on    bridges 93 

Advertisements    (Forbidden   in    Park) r02 

Advertising— On    bridges 70 

Advertising-  -At    C<  mn  i    I  'ark 2 

tising — Gongs  not  to  be  rung  on  streets 24 

Advertising     On   posts   or   poles it 

Advertising— Wagons  not  to  have  gongs .' i 

ner 1781 

Alarm     Fa                     Uarm     telegraph    fire 340 

Allen,  J.   H.  &  i               vate  Ordinances 1099 

Vile)                                    also  charter  > 996 

Alleys,   use   of   for  electrii    lighting 1185 

-    in 29  I 

tion  in  wiring  of  building     not  ide   with 

mit    from    inspector 33  i 

Amendments    I  er 194  to  200 

American   I  >istricl    .  i  108  1 1  !6  inc. 

an    I  >istric1    Telegraph    G  k     Franchi  • 

American    Hoist  &  Dei  LI 27-1 149  inc. 

American  Can  Co.,  I  lorne  &  Da  1101-2 

Manufacturing     C  i  i  SO 
American  Telephon 

ph    Co.,    Franchi  i 

ir., 
Anchors     Materials,   use   and 

Anchors   to  floor  bean  1 0  19 
I    of   "ii    bridgi 


1154 

Sec.   No. 

Animal-     On    bridges    speed    of !»1 

Animals— Dead 503-504 

Animals — Driving   except  at  crossings LOS1! 

Animals — How  released  from  pound 178 

Animals  at  large 708 

Animals — not  to  be  kept  in  tenement  bouses 189 

Animals — not  to  be  upon  bicycle  paths 54 

Animal  Matter,  Unsound 509 

Animals — in    parks 699 

Animals  in  Park 716 

Animals — pound   limits 145  to  17C 

Animals — Redemption  of  in  pound lT'j-183 

Animals — Slaughtered  for  food 510 

Animals  to  be  tagged 678 

Antitoxin 541 

Apartment  houses — Definition,  etc 1787 

Apartment   Houses — fireproof — stairs,   etc 1852-1853-1903 

Apartment  houses — Stairways — fire   escapes,   etc 1901 

Apartment  house — table  of  wall  thickness 1831 

Apparatus,  fire  not  to  be  interfered  with £4 

Appeals — Building   Dept 1782 

Application  for  butcher's  license '. 125 

Application  for   hotel   runner's  license 552 

Application   for  hospital   license 544 

Application   for  license    (liquor) 567 

Application   for  permit   to   build 1780 

Application — for  permits  for  sale  of  gunpowder  and  gun 

cotton 388 

Application — for  plumber's  license 2013 

Arbitration — in  opening  streets,  etc 301 

Arches   and   Lintels 1840 

Arches   for   hearths,   etc 1864 

Arches   for  fireproof  floors.  .  . 1918 

Arches — for  smoke  stack  opening 1862 

Arches — load  for — under  sidewalks 1820 

Architect  to  file  copy  of  tests — building 1812 

Areas — open — prohibited   under   sidewalk 1S56-1886 

Areas — permit    for .'.  1857 

Area  Walls     4 

Area  Walls 1854 

Armory   0  to  14 

Armory — leasing  of 12 

Armour  &  Co.,  steam  pipe 1178 

Arrests    794 

Arundel  St.  Spur  track 1098 

Arundel   St.    Spur   track 1666 


1155 

No. 

Ash    boxes 

Ashlar    1 829 

Asphalt    pavement 735 

Asphaltum    1826 

Asphalt  Pavements— hackmen — Expressmen,  etc.,  not  to 

allow  teams  to  stand  on 456 

Assignment  of  license   (Liquor) 570 

Assistants  to  Commissioners  to  have  entrance  to  build- 
ings      512 

Assistant  Commissioner  of  Health 829 

Assistant  Electrical   Inspector 330 

taut  Inspectors  duty  of  about  unwholesome  meat.  .  . 

Athletic    Games    Parks 7  11 

Attendants  to  Public   Baths 844 

Attorney — see  "Corporation  attorney''  and  ''county  attor- 
ney." 

Auction  •sales,  gongs  not  to  be  rung 

Auction  sales  at  public L025 

Auctioneer — Apply  to  Common  Council  for  license 16 

Auctioneer — to  give  bond l ; 

Auctioneer — license  fee  to  be  paid  by 19 

Auctioneer — license  to  state  place  of  business 20 

Auctioneer — must  be  authorized  by  state 20 

Auctioneers   !.")   to  :M 

Auctioneers — must  have  license 15 

Auctioneers — not  to  collect  crowds  on  sidewalk 

Auctioneers — nol   to  collect  crowds  on  streets 

Auditorium    to   29 

Auditorium     Annual   reports 

Auditorium    Board     Meetings     Officers  and   records....  :.•:> 

Auditorium  —  Hoard — Qualifications    of 

Auditorium — disposal  of  receipts 

Auditorium  -exits  to  side L963 

.Auditorium — fund-  and  building 26 

Auditorium  enanci    and  operation  of 

Auditorium     membi  I  iard 

Auerfoach  &  I  land-    Addition  barn 

I<        so  I 

Automatic    elevator   equipmenl [943  it 

Automobiles     have  la  nip--  at  night 

Automobiles     ■  pe<  d  o*f 0 

Awnings    

Awnings   

Awnings     [885 

Awnings    Constriction     of .... 

\wnings     C  of 


1156 

Sec.  No. 

Awnings— S  it.  above  sidewalk 33 

Awnings — frame   work   to   be   iron 34 

Awnings — hi >w    supported 33 

Awnings — In   lire   limits 33 

Awnings — projection    over    sidewalk 33 

B. 

Hacking  of  metallic   fronts 1936 

Back   pressure  valve 202 1 

Back  pressure  vent  pipes 2022A 

Badges — members  of  council  to  wear 250 

Badge — Peddlers   762 

Badges — Reporters — record  of 876-S78 

Badge — of  telegraph  patrolmen 30.2 

Bail 35  to  37 

Bail — Bondsmen   to  be   freeholders 37 

Bail — to  be  double  amount  of  highest  fine 35 

Bail — money  may  be  deposited 37 

Bail — police  to  receive 36 

Bake  ovens 1879 

Bakers — see  "bread,"   "loaf"   and   "weight'' 79 

Bakers — to  submit  to  bread  inspector 80 

Balconies — height  above   sidewalk 1886 

Bait.  &  Ohio  Telegraph   Co.  franchise 2793 

Band  Leaders 1834 

Bands  and  Saddles '  2022 

Banning  &  Oliver's  Addition  to  St.  Paul  Spur  track 1518 

Barbed  wire  on  bicycle  path 55 

Barb  wire  fence 69 

Barb  wire  fences  (see,  also,  Building  Code) 328 

Barber  Shops 38  to  39 

Barber  shops — not  to  be  open  on  Sunday 38 

Barking    Dogs 285 

Barn— C.  L.  Christianson 1233 

Barn  &  Ice  House— Thos.  Milton 1534 

-Lying    concealed    in 695 

Barrels   for   rubbish 

Barrels — Water  on  bridges 94 

Bars    &    Strainers 2023 

Bathing     688 

Bathing  Pks 716 

Basement  Stables 1893 

Basement  walls  of  brick 1832 

Basement  walls — existing  lining 1836 

Bay    Windows 1880 

Bazille  &  Guerin's  Addition  Frame  Building 1437 


1157 

Sec.  Xo. 

Baziile  &  Guerjn's  Addition  Frame  Building L555 

Bazille  &  Roberts  Addition  Factory 1693 

Beams — on   Bearing  walls L828 

Beams   on   ledges 1834 

Beams  of  iron  and  steel L927 

Beam — Strength   of  supports L823 

Beams  of  wood L858 

Bearing    wall — Definition L828 

Bearing  wall,  thickness,  etc 1837 

Begging    40  to  41 

rig — Defined    40 

Behavior — lewd  conduct  or 262 

Bell  (Cars) 865 

Bells— Sleigh 1090 

Bells  to  strike  when — City  Ry L056 

Bending  table  of i  s  i  i 

-  and  traps  of  lead 20 1 7 

-  of  soil  and  waste  pipes 2022 

Benzine     

Betting,  gambling — Pool    rooms 

Betting — Prohibition  of 356  al 

Bevel  ends  of  beams L858 

een  Car  tracks,  removal  of  snow  (City  Railway).. 
B 
B 
B 
B 
B 
B 
B 
B 
B 
i: 
B 
B 
B 
B 
B 


-    42  to  68 

cycle — Application  and   fee  for  tag 62 

cycles  not  to  carry  children 52 

City  Clerk  to  keep  record  of  tags 63 

cycli forbidden  on  b<  mlevards L02 

have  lantern  al    nigh! 

cycle — not  to  make  loud  noise 

cycles — not  to  be  ridden  on  certain  streets 42  to  50,  5 1 

cych  

paths 69  to  68 

pal  bs     animals  upon :>  i 

ontr<  'I  of 

paths— funda  for 64 

paths     h  ructed .- 60 

■  if  w  hom 

cycle  paths   -signs  on 

paths      width   of 

speed    of 51 

money  rei  eived  from 64 

.•.  arning  to  pedestrians 

t  ■   have   bell 

I'  -    I i.i  tag c.l 

i  have  one  hand  on  handle  bar 52 


1158 

Sec.  No. 

Bids  for  Paving 742 

Bids  for  Printing 834 

Bill   boards 1898 

Bill    posters— on   bridges 70 

Bill  boards — rules  and  regulations  for 78 

Bill  boards — signs,  etc.  on 71 

Bill  boards — to  have  license  for 76 

Birds — Unwholesome  523 

Frank  D.  Blair— Use  of  alleys 1185 

Blasting    863 

Blasting    1009 

Board  of  Abatement — Salary  of 1 

Board  for  Auditorium — Appointment  of .        25 

Bd.  of  Directors  Pub.  Library S53-857 

Bd.  of  Fire  Commissioners 330 

Bd.  of  Fire  Commissioners 772-45 

Bd.  of  Fire  Com. — Right  to  enter,  etc 776 

Bd.  of  Fire  Ins.  Underwriters S86-888 

Bd.  of  Health — may  compel  care  of  indigents 258 

Bd.  of  Health — Physicians  register  class  of  practice  with.  46? 

Bd.  of  Park  Commissioners 700-3-5-7-14-15-16-17-19-22 

Bd.  of  Police  Commissioners 815 

Bd.  of  Public  Works 100 

Bd.  of  Public  Works 742 

Bd.  of  Workhouse  Directors 814 

Bd.  of  Public  Works 916-33-34 

Bd.  of  Public  Works 921 

Bd.   of  Water   Commissioners 996-1001 

Bd.  of  Public  Works 2-3 

Bd.  of  Public  Works "  1049 

Bd.  of  Public  Works 1781 

Board    Fences 69 

Board  Fence — Youghiogeny  &  Lehigh  Coal  Co 1771 

Boarding  house  and  hotel  keepers    to     report    cases    of 

contagious    disease 475 

Boats  and  Floats 1715 

Boats — owners  of  (Smoke) 983 

Henry  Bockstruck  Iron  Post 1190 

Bodies — see    Cemeteries 190 

Boilers — how  and  where  placed 1866 

Boiling  and   steaming 980 

Bolt  and  Rivet  holes 1934 

Bolting  structural  metal  work 1932 

Bond  of  Applicant  (Liquor  License) 567 

Bonds — issued  for  Armory 10 

Bond  for  bill  board? 1899 


11. V 

Sec.   Xo. 

Bonds   for   excavations 5 

Bond — Given  by  Auctioneer 1 7 

Bond — to  be  given  by  one  carrying  on   empl.,  intell.  or 

brokerage    office 594 

Bond — for  grantees  of  rights  on  street  to  save  city  harm- 
less from  damages 305 

Bond  to  house  movers L85  L-1895 

Bond — Pawnbrokers,   etc 745 

Bond  of  plumbers 2013 

Bond  of  pressed  brick  facing 

Bond — Quarrying    861 

Bond  for  Scales  (save  city  harmless,  etc.) 

Bond — Scavengers 

Bones — Offal,  etc 979 

Book  No.  1  (Pawnbrokers) 750 

Book  No.  11  (Pawnbrokers,  etc.) 75] 

Books — Indecent    

Bi  tulevards  (see  also  streets) ]  o  i 

Boulevards — Bicycles    forbidden    on L02 

Boulevards — Care   of ]0l 

Boulevards — Preservation    of 105 

Bowlby  &  Co. — Tunnel i  i  <»  i 

Box  Cars — Lying  concealed  in 693 

Brace    Blocks 

Brass  pipes  and  fittings aii ; 

Bread — Market  master  to  inspect 80 

Bread — Mark  of. ;..i 

1     to  be  made  of  good  flour 70 

Brewer  500-502 

Brick    Arches I  s  id 

Brick    Basement    walls 

Brick    Chimneys 1 359 

Brick     Kinds  to  be  u  $ed  in  building 

Brick  and   hollow   tile  partition- •  [844 

Brick  laid  in  non  freezing  weather '„ 

Brick — Pih                             r, 

Brick  in  -moke  stacks 

Brick  wall — cutl  ly   not  minor   repail 

Brick  work     safe  bearing  load isofl 

Bridge-   

I 

Bridges — Advertising   on 

on 

Bridgi       C  - 1 

Bridges     Cattl<  to  righl 

I  Ay   Rwy.   ice,   -and  and   sail   on   tra    ' 


1160 

.    Sec.  No. 

Bridging  of  floor  and  roof  joist 1858 

-Forbidden   defacement,   mutilation   and   posting 

ads      93 

Bridges — Interference   with  fire   apparatus 94 

Bridge— Marshall    Ave 97 

Bridges— Mutilate,  injure   or   deface 70 

Bridges — Obstruction     95 

Bridge— over  Como  Ave.   City  Rvvy 2309 

Bridges — Throwing    missiles 98 

Bridge— Wabasha   St • 90-91 

Brier — on    bicycle    paths 55 

Broadway  Loop — Authorized   City  Rwy 2312 

Bdwy.  Loop — Cars  to  run  on  City  Rwy 2314 

Brokers— R.    R.    Ticket 592 

Brooks  Bros,  poles  and  wires 1192 

Brown,  Dowlin  &  Molin  Building 1200 

Buckets  for  fire  on  bridges 94 

Buck  Eye  Foundry  (J.  A.  McDaniel)   Levee 1201 

Building — Brown,  Dowlin  &  Molin 1200 

Buildings — Classes     of 1785 

Building  Code,  What  is 1777 

Building  Code. 

Abutments   for   arches 1840 

Accidents  to  elevators 1940 

Additions    or   alterations 1780 

Agent   or   owner 1781 

Anchors — use,  materials,   spacing 1837 

Anchors   to   floor   beams 1929 

Apartment  House — table  of  thickness  of  walls 1831 

Apartment    House — Fireproof,    Stairs 1852-3   (1903) 

Apartment  House — stairs  instead  of  escapes 1910 

Apartment  House — what  comprises 17S7 

Appeals   1782 

Application  for  permit 1780 

Application — Plumber's    license. 2013 

Architect  or  owner,  File  copy  of  tests 1812- 

Arches  and  lintels 1840 

Arches  for  smoke  .stacks 1862 

Arches  for  hearths,  etc 1864 

Arches  for  fireproof  floors 1918 

Area  under   sidewalks 1S20 

Area  Walls 1854 

Areas— open    prohibited   in    street    sidewalks 1856-1886 

Areas — permit   for 1857 

Ash  boxes 1870 


1161 

Building  Code. 

Sec.  No. 

Ashlar  1829 

Asphaltum  to  protect  from  foundations 1826 

Auditorium  exits  from  side  courts 1963 

Automatic    elevator   equipment m 1942-44 

Awnings    1885 

Back   Pressure   valves 202] 

Back  pressure  vent  pipes 2022  \ 

Balconies — height    above    sidewalk    construction l>^'; 

Backing  of  metallic   fronts L936 

Bake    Ovens L879 

Bands  and  saddles 2022 

Bars   and    strainers 2023 

Basement  walls  of  brick 1832 

Basement  walls — existing  lining. i  836 

icnt  stables 1893 

Bay    Windows 1880 

Beams — .strength  of  temporary  suppi  »rts I  823 

Beams  on  bearing  walls 1828 

Beams   on   ledges 1834 

Beams  of  wood I  858 

Beams  of  steel  and  iron i  92 1 

Bearing  wall — meaning  of  the  term L828 

Bearing  wall — thickness I  832 

Bending— table    of 1814 

Beds  and  traps  of  lead 20]  3 

Bends  of  soil  and  waste  pipes 

Bevel  ends  of  beams L858 

Bill     Boards 1898 

Band  header. L834 

Board   of  public   works L781 

:           -     how  and  where  placed L866 

Bolt  and    rivet    holes 1934 

B(  Iting  structural   metal   work 

Bond  of  pressed  brick  facing i s -'■  i 

Bond  of  house  movers •  1831 

Bond  for  bill  boards 1890 

Bond  of  plumbers 3 

B  



Brick  i  

Brick                      L840 

B         and  hollow  til 
Brick  basement   wall 

Brick    chimney -. 

Brick  laid  in  non  freezing  w ea  '  i 


1  L62 

Building  Code. 

Sec.   Xo. 

Brick   wall — cutting  away — not  minor  repairs 1780 

Brick — kinds  to  be  used  for  buildings 1798 

Brick  work — safe  bearing  load 1809 

Bridging  of  floor  and  roof  joist 1858 

Building  Code — what  constitutes 1777 

Building  must  conform  -to  code 1778 

Building — unlawful  to  proceed  without  permit 1787 

Buildings — classes    of 1785 

Buildings — live  and  dead  loads 1820 

Bu'ldings  may  be  moved 1S94 

Buildings — projecting  beyond  property  line 1880 

Buildings — frame  within  fire  limits 1840 

Buildings — to  be  enclosed  on  all  sides 1827 

Buildings — store   or   office — not   residences 1786 

Buildings — dimensions  of ■  1784 

Buttresses — materials    of 1828 

Buttresses — use    of 1S32 

Cap    stones 1S28 

Capping  timbers ]  826 

Carriage  house — floor  loads 1820 

Casings  of  w:ood  in  fireproof  buildings 1917 

Cast  iron — manufacture  and  strength 1S08 

Cast  steel — manufacture  and  strength , .  .  .  1S07 

Catch  basins — to  receive  sub-surface  drains 2021 

Cellar  doors — not  permitted  in  sidewalks 1886 

Cement    record 1801 

Cement — manufacture    and    strength 1801 

Cess  pools  where  no  sewer  is  provided 2018 

Chimneys — height  of  top  above  roof 1859 

Chimneys — materials   of — thickness   and   size 1S59 

Cleanouts    for    traps 2023 

Cleanouts— size  and  construction 2017 

Coal  Chutes  or  manholes  in  sidewalk 1855 

Columns — Computation  and  loading 1813 

Columns — Cast   iron — thickness    and    imperfections 1922 

Columns — open  back '. .  .  1924 

Columns — reduction  of  live  loads .'. 1820 

Compression — table    of — direct 1814 

Commission  on  appeals 1782 

Commission  of  P.  W.  to  be  furnished  with  plans '.-.  1780 

Commission  of  P.  W.  to  furnish  blank  applications 1780 

Commission  of  P.  W.  to  notify  owner  or  agent  of   illegal 

construction     1781 

Commission   of  P.  W.— powers  in  regard   to   dangerous 

buildings ]  ^49 


1163 

Building  Code. 

Sec.  No. 

Common    Council 

Concrete — how  made  and  placed 1803 

Concrete — safe  bearing  load 1S09 

Concrete    foundations 1  826 

Connections— Brass  and  lead  pipe- 20]  7 

Connections  of  drip  and  overflow  pipes ~0:2o 

Connections    of   traps 

Connections    with    sewer 2018 

Connection  and  framing  structural  iron  works 1930 

Construction — skeleton  iron  or  steel 1920 

Contiguous    walls — protection l  B25 

Convention  halls  may  be  temporary 

Copper  tubing  and  flashing  gauge 

Cornices  of  wood  in  fire  limits 

Cornices  of  incombustible  material 1886 

Cowls  on  top  of  soil,  waste  or  vent  pipes 2022 

Dampness — protection  of  walls 

Danger,  his    buildings L849 

Dangerous  buildings  or  wall — -appeal 

Dangerous  electrical   machinery 

Dead    loads   of   buildings 

Deflection  of  floor  beams 

Definiti<  'ii  . .}  bearing  walls 

Definition   of   plumbing  terms 2016 

Definition  <>f  "temporary  buildings  or  structures" 1874 

Depth  of  buildings 

Depth  of  foundations 

of   electrical    construction 

'•r  windows  in  fire  limits .  L886 

Drain     sub  if  tile 

Drain  



Drying  constructed 

1903 

Dwellings-  -firepn  >of  if 

l)u ellings  -pn 

Dynamo  rooms  and  station 

ical  inspe  nter  buildings 

•;i!  materials  ■  vt  apparal  i 

ical  constant  cun  20 1 1 



p  itential    systems 

Electrical    fitting    and    details 

electrical    wiring 

ical    work 


lllil 

Building  Code. 

Sec.  No. 

Electrical  work,  miscellanea  ius 2121 

rical  wiirk  permits 2036 

Elevator  cables  and  counter-weights 1946 

Elevator  inspector  may  enter  buildings L952 

Elevator  in  well  hole  of  stairs 1950 

Elevator    sheaves 1947 

Elevator    accidents 1940 

Elevator — automatic  governor 1943 

Elevators — automatic  machine  stops  and  trap  doors....  1944 

Elevators — automatic   cable   stops 1942 

Elevator    doorways .' 1941 

Elevators — permits  and  requirements 1939 

Elevators — use   prohibited 1939 

Elevators   for  grain 1873 

Elevators  for  passengers 1948 

Elevators — hand    power — excepted 1942 

Elevators — inspection  twice  a  year 1938 

Elevators — shafts,   etc.,   for   freight 1945 

Engineer's    stationary   ladders 1901 

Entrances   to    basement 1902 

Exits  from  basement,  engine  or  boiler  room 1901 

Exhaust — ^blow-off  or  drip— connected  with  sewer 2020 

Factories — Carrying    capacity    of    columns 1820 

Factors  of  safety 1811 

Factor}'  buildings — definition  of 1792 

Factor}-    buildings — floor    loads 1820 

Factory  buildings — fire  escapes , 1901 

Factory  buildings — pressure   under  foundations 1826A 

Failure  to  correct  construction — penalty      1781 

Fair    buildings — temporary 1874 

Fair  buildings — temporary — time  limit 1875 

Fastenings  for  iron  or  steel  stacks 1862 

Fastenings  of  scuttles 1907 

Fence — tight  board — over  6  ft.  high  prohibited .1897 

Filling  between   floor   beams 1918 

Fine — for  working  after  revocation  of  permits 1781 

Fire  chief  and  Com.  of  P.  W.  to  control  theater  fire  ap- 
paratus and  lights 201 1 

Fire    escape — brackets 1913 

Fire  escapes — care  and  number 1901 

Fire    escapes — platform   and    stairs — material     and     con- 
struction       19U 

Fire  escape,  railings,  etc 1912 

Fire  escapes  in  addition  to  stairs  in  public  halls 1954 

Fire  limits — buildings  outside  of  may  be  moved 1894 


1165 

Building  Code. 

Sec.   Xo. 

Fire   limits — buildings  removed   within — restrictions L853 

Fire  limits — greenhouses  in L909 

Fire  limits — no  grain  elevators  with  wood  walls L873 

Fire  limits — frame  buildings  in l  M> 

Fire    places L864 

Fire  proof  buildings — first  class 1785 

Fire  proof — certain  buildings  if  over  5  stories  high 1852 

Flag  stone  or  cement  concrete  footings 1832 

Flat  buildings — what  kind  known  as 17SS 

Flashings  of  sheet  lead  for  roofs— weight 2017 

Flashings  of  copper  for  roofs — gauge 2017 

beams  and  girders — incased L918 

beams  of  steel  and  iron i  929 

Floor  joist — 1  inch  from  chimney L958 

Floor    light- L906 

Floor  loads i  820 

Floor  and  roof  beams  of  wood — ends  beveled 1958 

Flooring — how  to  be  built L778 

i  >f — beams  and  arches L918 

Floors — load   distributed , 1821 

-  existing    -estimate  i  <i  strength i  B22 

Flue  shall  not  be  used  as  vent  pipe 

Flues  fi  >r  sm<  ike 

to  be  clear  of  wi i  "I  beams 1958 

materia]  and  pr<  >p<  irl  ions 

inder  foundations     computation  of  pressure..  L826A 

lights  and  stage  lights 2010 

F<  rmula  of  w  eighl  on  piles  . . .  

Fi  tundatii  >n               i  of 1 825 

Foundations     fo-r  bal  

Foundatioi                l  tted  sm<  •  1 862 

Foundations-  how  laid  and  ;  ned 

Foundations     lining  existing  walls  to  be  supported  oi 
Foundatii ins     -\/<-  of  piles  under 

Buildings    within    lire    limit  L848 

Framing  and  connecting  structural  iron  work 
Fronl  led  with  masonrj 

I'nrna  of      how    placed    and 

Furred  chimneys 1843 

Galleries  "i  th 

Gallery  for  art  on  roi  if  of  th(  1966 

1  .  '  

•  1  and   pi 


1166 


Building  Code. 

Sec.  No. 

Gas  lighting  in  theater 2008 

(".as  mains  of  theater  shut  off  outside 2007 

pes  and  tubing 2030 

Girders  of  .steel  or  iron 1925-1927 

Girders  resting  on  bearing  walls 1828 

Girders — plates  under  ends  of 1928 

G'rate    openings 1864 

Grease    traps. 2023 

Green  houses 1909 

Hearths — how  built  and  supported 1864 

Hearths  in  front  of  bake  ovens 1879 

Hearths  in  front  of  ranges • 1869A 

Heating  plant  exhaust  connected  with  sewer 2020 

Heating  pipes  for  water  and  steam 1869 

Height  of  buildings  and  walls — how  measured 1783 

Height  of  fireproof  building  to  regulate  construction.  ...  L917 

Height  of  stories — increase  in  walls 1  833 

Hoistways  and  shafts  of  freight  elevators L94S 

Hollow  brick  or  tile  in  wall 1842 

Hollow  brick  and  tile  partitions 1844 

Hollow   walls — anchoring 1841 

Hospital — public — to  be  fireproof 1915 

HoM— floor    load 1820 

Hotel   fire   escapes 1910 

Hotel — number  of  stairs 1900 

Hotel — what  comprises 1781 

House  drain  and  sewer — definition  of 2016 

House  drain  and  .sewer 2020 

House  mover's  license  and  bond 1895 

House  sewers  of  earthenware  and  iron  pipe 2020 

Ice  houses — location. — consent  of  property  owners 1891 

Ice  houses — permit 1892 

Institution — public — to  be  fireproof 1915 

Interior  wood  finish  in  fireproof  buildings 1917 

Iron — cast — quality  and  strength  of '. .  1808 

Iron  and  steel  construction  to  be  incased 1920 

Iron   work— structural — framing   and   connecting 1930 

Iron — wrought — quality    of 1805 

Isolated  piers — materials  and  height 1828 

Jail  to  be  fireproof  building 2017 

Joints  of  columns — how  secured 1922 

Joints  of  oakum  and  lead  in  plurmbing '  2017 

Joist   hangers 1858 

Joists  and  beams  .supported  on  ledges 1834 


1167 

Building  G  >de. 

Sec.   Xo. 
Joists  and  beams  not  to  be  cut  for  gas  and   -team   pipes 

(exceptions)    ' L87] 

Joists  of  floors  one  inch  from  chimney l  858 

in  existing  walls  and  partitions  to  be  anchored.  .  .  .  1837 

Kiu-e-  i  ir  angles  ci  mnecting  structural  work L930 

Ladder  of  iron  in  smoke  stack 1 862 

Ladders  from  basement  boiler  rooms 190] 

Ladders  to  scuttles 1907 

Leaders — inside — construction,  etc 20  I  9 

Leaders — metallic    rain   water i  B88 

Ledges  to  support  joists  or  beams L834 

Legal   excavation — depth   of L825 

Length  •  <i  buildings L784 

License  for  house  movers  by  Com.  of  1'.  W l^"'11 

License  for  house  movers  by  mayor 

License   for  theater 1958 

Lighting   theaters 2006 

Lime    L800 

Limit  i  'f  time  for  sew  er  c<  mnecjtions 2018 

Lining   existing   walls 1836 

Linings  for  chimneys,  tlue-  and   -tack- L859 

Lintels — rests  for  ends  of ' 928 

Lintels  and  arches 1840 

Livery    stables 1891 

Loads  of  building- I  B20 

ing  house — floor   loads 1820 

Lodging  house — fire  escapes 1910 

Lodging  house — number  of   stairs L900 

ng  house    ^prohibited  in  theater  building 

Lodging  and  tenement  h              til  - 2026 

Low  potential  system  -380  volts  or  l<  

Low  potential  system     general   rule- 2062 

Low  potential  system     special  rule-...  

Lumber — quality   of 1804 

1  »p    aut<  imal  ic     U  >t  ele\  at<  »rs   1944 

Machinery  or  apparatus  ricity 

Manh  ilea  in  sid                                          i  s  •"••"' 

Manufactory     floor    loads 

nry     to  back  metallic  front 

Masonry     rubble     bow    bonded  1834 
•    bearing  load .... 

imount  in  piers  and  but  1 828 

ials     quality    of  

if  dept  li  of  excavation! 

Metal  ci ivered  buildi                 nition  11 90 


1168 

Building  Code. 

Sec.  No. 

Metal   foundations — protected   from   rust 1826 

Metal  fronts 1036 

Metallic  anchors 1834 

Metallic   chimneys 1860 

Metallic   structural    work   painting 1937 

ih  .in    r  to  work  after  revocation  of  permit L783 

Cement — in  isolated  piers  and  joints 1828 

Mortar — kinds  for  backing  stone  ashlar 1830 

Mortar — how  to  be  made 1800 

Nipples — soldering — kinds  and  size 2017 

Notice  of  appeal 1782 

Notice  of  revocation  of  permit 1781 

Notice  to  protect  wall 1825 

Oakum — picked — and  lead   caulked  joints 2017 

Obstructions  not  permitted  in  street  sidewalks 1S86 

Occupant  to  estimate  strength  of  floors  and  post  estimate  1822 

Office  buildings — carrying  capacity  of  columns 1820 

Office   buildings — floor    loads 1820 

Office  buildings — pressure  under  foundations 1  826A 

Office  buildings — shall   comprise   what 1790 

Open  work  in  dry  places — electrical 2063 

Openings  for  doors  and  windows — arches  and  tie  rods.  .  .  1840 

Opera  houses — how  to  be  built 1956 

Order  to  show  cause 1781 

Ordinance — repealing   act 2138 

Ordinance — date   of  effect 2140 

Ordinance — penalty  for  violation 2  I  40 

Oriel  windows 1880 

Outlets  of  fixtures — how  protected 2023 

Ovens  for  baking — foundations — distance  from  wood..  .  .  1879 

Overflow  and  drip   pipes 2023 

Owner  or  agent  to  correct  illegal  construction 1781 

Paint   on  metal   foundations 1826 

Painting   structural   metal   work 1937 

Painting  stage  scenery  fireproof 1979 

Partitions  of  brick  and  hollow  tile 1S44 

Partitions  of  fireproof  buildings 1917 

Partitions  of  stud 1858 

Partitions  of  water   closet  apartments 2026 

Party   walls   existing 1835 

Party  wall  beams — how  separated 1858 

Pay   of  commissioners   considering  appeal 1  7-*  2 

Penalty  for  failure  to  correct  illegal  construction 1781 

Penalty  for  violation  of  ordinance 2139 

Permit — time  to  appeal  from  order  refusing 


1169 

Building  Code. 

Sec.   No 

Permit  and  inspection  of  wiring 203  l 

Permit — Board  of  Public  Works  to  revoke 1TSI 

Permit — conditions  for  granting 

Permit — fine  for  working  after  revocation  of 1781 

Permit   for   minor   repairs 1780 

Permit    for    plumbing 2014 

Permit  to  expire  after  1  year L780 

Permits — no  work  to  be  done  without L779 

phorus — amount  in  cast  steel i  807 

Piers — amount   of  material l  828 

Piers  and  walls — how  bonded — thickness L828 

Piers — how  faced  and  bonded 1834 

instead  of  increased  thickness  of  bearing  walls....  1832 

isolated    1828 

Piles — concrete — construction — sustaining    power — .sizes. 

Piles — initial    i  826 

tops  below  low  water  mark I  826 

Pin-  for  steel  and  iron  trusses L935 

Pipe    fittings — quality    of 2017 

Pipes  for  gas  and  steam i  87  i 

for  hot  air I  sr.s 

Pipes  for  heating  with  water  and  -team 1869 

Pipes    for  sewer  vent 2018 

er  heating                         2001 

for  waste  and  soil 2017 

vent 2022  \ 

:.'ni7 

i  -t  in  in     quality 201  ; 

rthenw  are  for  hou  

. . : 203  I 

1861 

Plans  and  

Plans  to  be  furnished  and  filed  if  required 1780 

•  d  off  wall  before  lining 

!                                                                    ...  |5)o  i 

ni     in. a-.                  irary [874 

1 '  n  with  (  ode 

Plumb  

Plumbing    how  d 

Plumbi  

Plumb 

Plumbing  

Plumb                                             n  hip  2017 

"Plum  tei  

f [915 


1  L70 

Building  Code. 

Sec.   No. 

- L886 

Portland  cements  and  others 180] 

Portland  cement  concrete   walls 1827 

P<  itential    system — constant 2057 

Potential  system — high 2073 

Potential    system — low 2061 

Potential  system  low  general  rules 2062 

Potential  system  low,  special  rules 2063 

Power  of  C<  immissioners  on  appeal W82 

Preliminary    requirements 1778 

Provisions  of  building  code — presumptive 1777 

Public  asylum  to  be  fireproof 1915 

Public  Building — what  comprises 1  793 

fublic  Halls — aisles  of 1956 

Public  Halls — elevation  of  main  floor 1953 

Public  Halls — fire  escapes  and  stairs 1955 

Quality   of  building  materials 1798-1808 

Quality   of  plumbing  materials 2017 

Railing  around  floor  lights 1  906 

Rain    water    leaders 1888 

Rankin's   formula  to  compute  .stresses 1813 

Range    hearths 1864 

Ranges  and  stoves 1S69A 

Record  of  elevator  accidents 1940 

Record  of  elevator  inspection 1951 

Refrigerator  and  safe  waste  pipes 2024-25 

Refrigerator  and  safe  waste  pipes — quality  of  fittings...  .  2017 

Register  for  hot  air  in  floor 1867 

Regulations  of  Water  Board  to  control  water  fittings. .  .  .  2028 

Revocation   of  permit 1781 

Rivet  and  bolt  holes 1934 

Riveting  structural  iron   and   steel   work 1931 

Rivets — tensile   strength  of 1806 

Roof  and  floor  beams  of  wood — bevel  ends 1858 

Roof  flashings 2017 

Roof  garden 1966 

Roof  in  fire  limits — how  repaired 1848 

Roof   sheets   galvanized 2017 

Roof — weight   of 1820 

Roof  of  areas 1854 

trussed — thickness  of  walls 1832 

Safe  and  refrigerator  waste  pipe 2024 

Safety — factors    of 1811 

Salesroom   in   basement — stairs -    1902 

Sand  and  cement  mortar 1S01 


Building  Code. 

Sec.  No. 

Sand    for    concrete ISOo 

Sand  for  lime  mortar L800 

Sand  for  building 179'J 

Scenery  painting — for  stage r.iT'.t 

School  building — floor  loads I  820 

School   building — :.'   stair-    for   2    -lories L904 

Screw   caps  of  bras? 201 ". 

Scuttles     L907 

of   theater — distance    between 

Second    class    buildings L785 

Sewer-house     2020 

Sewer     pipes 2018 

Sewer — separate  and   independent    connections 

Shaft  and  door  protection  for  passenger  elevator L948 

Shafts  and  hoist   way-   for  freight   elevators L945 

Shear — table     of L817 

Sheath    piled    excavation 182-t 

-   or  plates  of  columns 1921 

Show     windows 1  B80 

Sidewalks    over  areas- load    of L820 

Sidewalks — awning-    not    to   be   supported    upon 

shall  not  project  oyer  sidewalk  beyond  lot  line..  L880 

Signs  of  wood  to  be  more  than  2  ft.  wide L885 

Sign-    of    danger— on    dangerous    building 1849 

Sinks  of  tenement  and  lodging    houses 

Skeleton  ir.in  and  steel  construction  to  be  incased 1920 

Skeleton   steel  or  iron  construction   for  lining 1836 

Skew-backs — channels,    etc 

Skew-barks     form,   section   and  depth   of 1918 

for    phi  »ti  igraphei    [908 

Skylights    of    metal 1975 

Skylights  to  be   protected 190S 

Smoke    flues    of    metal [86] 

i:e    flues    in    ma-.. my    wall- [859 

Smoki  to  be  of  construction 

Smoke  pi]                  tion     distance   from    m 1   work  i860 

Smoki  

Smoki  ifed 

Smoki                 if  steel  or  w  r<  lught  iron ...  188 ! 

Soil,   waste   and   vent    pipes 

Soil  and   waste                   brass. .  soil 

Soil    pipes     definition 

Soil  pipes     table  of  diameter 

Splicing    columt  1921 

Splicing    girders  


1172 

Building  Code. 

Sec.  No. 

Spires  in  fire  limits 1886 

Stables — carrying  capacity  of  columns  and  floor  loads.  .  .  1820 

.stables— livery     1891 

Stables— private     1890 

Stage  of  theater — construction  of  floor 1976 

Stage  lights  and  foot  lights — approval  of  Com.  of  P.  W.  -010 

Staging — how  to  be  built 1778 

Stains   in   public   buildings 1954 

Stairs — materials  of  in  fireproof  buildings L91fi 

Stairs — number  regulated  by  lot  area  covered 1000 

Stairs — 2   in   buildings   over  2   stories   high 190.°. 

Staircase  alteration — not  minor  repairs 1780 

Stairway.,  if  open — prohibited  in  street  sidewalks 1856 

Stairways  in  lieu  of  fire  escapes 1901 

Stairways   to  basement  of  manufacturing  or  sales   build- 
ing   1902 

Stairways  of  theaters 1 995 

Standpipes  to  roof  of  5  story  buildings 1914 

Stands  may  be   temporary L874 

Station   and   dynamo  rooms — rules  and   regulations 2037-2053 

Steam  boilers  of  theaters — where  and  how  placed 2000 

Steam    and    gas    pipes — except    in    dwellings — stop    cock 

near     curb 1871 

Steam  and  hot  air  heating  pipes 1869 

Steel  and  iron   construction   to  be  incased 1920 

Steel — cast — what   to    contain 1807 

Steel    foundations 1826 

Steel— quality    of 1806 

Steel  work   framing  and  connecting 1  9 30 

Steps  not   permitted   in  street  sidewalks 1886 

Stiffeners    1926 

Stirrup    irons ; 1858 

Stone  arches  of  door  and  window  openings 1840 

Stone    ashlar 1830 

Stone    caps 1828 

Stone     chimneys — lining 1859 

Stone  coursed  and  dre-ssed  for  walls 1828 

Stcme — kind  used  for  building.  .  .' # 179S 

Stop  cock  in  steam  or  gas  pipes  near  curb 1871 

Stops  to  elevator  cables  to  be  automatic 1942 

Storage  buildings — size  of  footings  under  foundations..  .  1832 

Store  buildings — floor  loads 1S20 

Store  buildings  used  for — not  private   dwelling 

Store — may  be  in  first  story  of  apartment  house 1787 

Store — number  of  stairs  in 1 900 


1173 

Building  Code. 

Sec.   No. 

Stories — height     of 1  "  ;  ; 

Story — wails  full  thicknes              p  oi  beams  above  each..  1S2S 

-   and   ranges — certificate — protection I  B69A 

Strainers  or  bars  over  fixture  outlets 2023 

Stretchers   and   headers   in   brick   walls L834 

Stress  of  steel  and  iron  floor  beams L929 

Stress  of  steel  and  iron  trusses 

Stress — unit    of 1S11 

-cs  of  columns  computed  by  "Rankin's   Formula"..  L812 

ses  increased  50  per  cent  for  wind  bracing L819 

.  s- — working   table    or 1814-l>l^ 

Structural  iron  work  framing  and  connecting L930 

Structural  iron  and  steel  work  riveting L931 

Structural  steel  and  iron  bolting L932 

Structural   metal    work   painting 

Structure — application    for    permit L780 

Structure — how    built L778 

Structures,    temp'  irary 1874 

Supports — strength    of   temporary 

Syphonage  of  trap-  prevented  by  vent  pipes 

J  able  of  diameter  of  soil   waste   pipes 2022 

Table  of  distance  from  rivet  holes  to  edge  of  material.  .  .  L931 

of  quality  of  lead   pipe 2011 

ze  and  length  i  if  gas  tubing 2030 

thickness  of  walls 183] 

of  weights  of  cast  iron  plumbing  pipes 2011 

of  working   stresses  of  materials L814  L818 

lent  and  lodging  house  sinks 

Tenement   house   fin                   L910 

'  pn  ••<)'  if  o\  er  5  stories  high 

Tenement    house — floor    loads 1820 

ient  housi  .... 

-e.   thickm  irtain  walls 

Tension   (direct)   table  of 1816 

I          m    membi                               ■  --  riveting 193 1 

Terra  Cotta  arches L840 

*  ructural  materials 1812 

1918 

L801 

i         er  auditorium  aisli  

Theater  building  prohib  I  .... 

i  

Theater    corrid 

I                                 instruction — width ....  L961 

i  


11*3  I 

Building  Code. 

Sec.  Xo. 

Theater  dressing   room  exits 1986 

Theater   dressing  room   partitions L984 

Theater  dressing  rooms  in  fly  galleries 1985 

Theater  exits— number  and  size 1993 

'1  heat<  -rapes 1964 

Theater   fire   hose .• 2003 

Theater    fly   galleries 1977 

Theater    foyer   capacity 1990 

Theater  foot  lights  and  stage  lights 2010 

Theater    gas    mains 2007 

Theater   gallery    fronts 1981 . 

Theater  gallery  seat  platform 1988 

Theater  heating  pipes  cased — location  of  radiators 2001 

Theater  interior  walls 1969 

Theater    license 1958 

Theater   light   protection 2009 

Theater  lighting — separate  cut-off  in   lobby 2006 

Theater  light  and  fire  apparatus — control 2011 

Theater  main  floor  and  first  gallery  exits  combined 1993 

Theater  method  of  gas  lighting— approved 2008 

Theater  not  to  be  opened  until  approved 195S 

Theater  on  corner  lot — use  of  other  portions  of  building  1965 

Theater  passage  to  stairways — width 1994 

Theater  partitions   and   furring 1983 

Theater  passageways  and  aisles — free  from  obstructions.  1959 

Theater  portable  fire  extinguishers,  axes  and  hooks 2004 

Theater   proscenium   wall   doors 1974 

Theater  proscenium  wall  girder  and  arch 1971 

Theater   rigging   loft i'O' 

Theater   roofs   and   galleries 1980 

Theater   seats — distance   between 1987 

Theater  stage — casks  of  water  and  buckets 2004 

Theater   stage   floor , 1976 

Theater  stage   sky  light 1975 

Theater   stage   scenery    painting 1979 

Theater  stage   stairways 1996 

Theater   stair   hand   rails 1999 

Theater    stair   landings 1998 

Theater    stair    door — landings 1970 

Theater   stairs  inclosed   fireproof — exceptions 1970 

Theater     stairways — open *  1997 

Theater    stairways — size    and    construction 1995 

Theater    standpipes 2002 

Theater  steam  boilers — bow  and  where  placed 2000 

Theater  to  be  fireproof 1915 


1175 

Building  Code. 

No. 

Theater  to  have  front  on   street I960 

Theaters.  Hoera    tiouse,  etc. — how  to  he  built L956 

Theaters — thickness    of    walls L832 

Thimble  of  sheet  metal — how  made  and  used 1861 

Third    class    buildings 

Tie    Rod-. L840 

Timber  in  stone  or  brick  wall  prohibited — exceptions...  L839 

Timber — not  to  rest  on  chimney l  859 

Timbers — quality     of 1  Sl>  1 

Timbers   on   pile   foundations I  826 

Time — how    computed 

Title   of   ordinance 177  7 

"Ton"   means    2,000    lbs l  sum 

Towers    in    fire   limits 1 886 

Trap   cleanouts    2023 

Trap   doors  automatic — for   el  1944 

Trap  overflow  pipes  — Imw  connected 

Traps  and  overflow  pipes  of  closets 2026 

Trap-  for  hath  tubs  and  grease J023 

Traps  el  and  supported,  etc 2023 

Traps    of    earthenware 2023 

Traps  of  lead 2017 

Traps    of    leaders 20 1 9 

Traps  protected   from  syphonage  and  back  pressure  by 

vent    pipes 

Trap ize    of 

Trim-  of  wood  in  fireproof  buildings 1917 

Trimmer  arches  of  hearths,  fireplaces  and  -rale-, I  m',  | 

Trimmer  arches  over  door  and  window  openings 1840 

Trimmer  and  header  beams  of  wood     how    to  be  hung, 

1858 

■  1  and  iron  connected  by  pin 
1  and  iroi 

-  ting  i  'ii  bearing  w  alls i  B28 

tubing  for  gas     table  of  size  and  len  

Tubing  of  copper     kind  and 

Unit  i si  i 

I tasafe  or  dan.  al  mai  him  i  . 

Urinal    apartment    \  enl  ilatii  »n. . . .  »02G 

Urinal     materia 

back  pr'                                Irain  2021 

Variable  loads  of  buildings 

Vent  I  ;:  nol  in'  lose  sheel  metal  smoke  flm 

Vent   pip-  -     bram  hi    .   connect!) •• 


1176 


Building  Code. 

Vent    pipe,    definition    of 

Vent  pipe,  fittings,  quality  of 

Vent  pipe,  materials 

Vent  pipe,  size  and  where  constructed.- 

Ventilation    of    buildings 

Ventilation  of  theater  dressing  rooms 

Violating  provision  of  ordinance,   penalty 

Volts — number  in   low   potential   systems 

Volts — number  in   high  potential   systems 

Volts — number  in  extra  high  potential  systems 

Wall — existing — joists    anchored 

Wall— how    built 

Wall — of  brick — not  less  than  12   inches  thick 

Wall — strength   of  temporary  supports   for 

Walls   and    piers — how   bonded — materials 

Walls — bearing  and  basement  of  brick 

Walls — 'bearing — what  to  be  taken  to  mean 

Walls — binding  of — headers  and   stretchers 

Walls — curtain — thickness    in    tenements    and    first    and 

second   class   buildings 

Walls— faced  with  stone — thickness  if  bonded 

Walls — for    warehouses 

Walls — height  of — how  measured 

Walls — hollow  brick  or  tile  inside — not  part  of  thickness 

Walls — hollow,  shall  be   properly   tried 

Walls — increase     in     thickness     for     increase     height    of 

stories     

Walls— independent  or  party,  to  enclose  buildings  on  all 

sides     

Walls — lining  existing — for  increase   in   height 

Walls — non-bearing,     thickness 

Walls   of  areas — materials 

Walls   of   buildings — materials 

Walls  of  churches,  public  halls  and  theaters — thickness.. 
Walls    of   each    story — full    thickness    to     top    of   beams 

above     

Walls   of  private  dwellings — table  of  thickness , 

Walls  of  stone  or  brick — timber  .prohibited  in,  exceptions 

Walls,  party,  existing 

Walls,   protected    from   ground   dampness 

~\\  alls,  same  amount  of  material  in  piers  and  buttresses.  . 

Walls — specified  thickness  to  apply  to  what  kind 

Walls — thickness  where  trussed  roofs  are  used 

Walls   to   be  anchored   to   joists 

Walls  to  be  increased  in  thickness — when 


Sec.  No. 
201C 
2017 

2022 
20  IS 
2012 
1986 
2139 
2061 
3073 
2079 
1837 
177S 
1832 
1823 
1828 
.  1832 
1S48 
1834 

1S32 
1829 
1832 
1783 

1842 
1S41 

1833 

1827 
1836 
1832 
1854 

1827 
1832 

1828 
1821 

1839 
1835 
1838 
1828 
1832 
1832 
1837 
1832 


1177 

Building  Code. 

Sec.  No. 

Warehouse — floor    loads L820 

Warehouse — pressure    under    foundations 1826A 

Warehouse  walls — when  to  be  increased  in  thickness  Is:;'-' 

Warehouse — what  kind  of  buildings  shall  be 179] 

Warehouses — number   of    fire    escapes L910 

Warehouses— table  of  thickness   of  walls 1832 

Waste  and  soil  pipe-  5S— how  manufactured 2011 

Waste  pipe  branches — fall  of 2022 

Waste     pipe — definiti'  >n 2016 

Waste  pipe  for  refrigerators  and   safes 2024 

Waste   pipe   materials 202  ! 

Waste  pipes — no  caps,  cowls  or  bends  on  top 2022 

pipe — -offset  to  refrigerator — to  have  cleanout....  2025 

pipe — quality  of  fittings 2017 

Waste  pipe — table  of  diameter 

Waste  pipe — Y  or  tee  branches  of 2022 

Water  board  to  regulate  water  fittings 2028 

Water  closet  and  urinal  materials 2026 

Water  closet  apartment  partitions  and  ventilation....  2026 

Water  closet  not  to  be  connected  with  leaching  cess  2018 

Water  closet  setting  and  seat   support 2Q26 

Water  closet  traps  and  overflow  pipes     how  connected.  .  2026 

Water  -supply    for    fixtures 2027 

Wellhole  of  stairs — elevator  in — incased  fireproof 

Width    of  buildings 

Wind    pressure — calculations    for lsi'.< 

Window  frames  of  wood  in  fireproof  buildings 1917 

Window  i  ipenings  to  have  arches  or  lintels i  -  in 

Windows — ibay — not  to  project  o\  ilk  beyond  lot 

line    i-s" 

Windo  Ik    beyond 

lot     line L883 

Wire  netting  on  top  of  en 

■    ■  ■  1863 

Wire  netting  under  skylight   ovei  1973 

tance  from   bake  ovens 187C 

Woodwork— protected   from   steam  and  hot  wal       | 

Woodwork     in   fireproof  buildings 1917 

el    from 

t   within    '  

■ 

demeanor    

Work  shall  not  be  done  without  permit.. 
Workshop   prohibited   in   theater   build  n... 

■lit    iron     quality  of 


1178 

Sec.  No. 

Building— damaged    by    fire    or    storm 8 

Buildings —  Dimensions    of 1784 

Buildings — frame — within    fire    limits 1848 

Building  inspector- — to  make  rules  for  'bill  boards 78 

Buildings — Kohlman   &   Co 1438 

Buildings — live  and  dead  loads 1 8,20 

Building,  manhole,  subway,  right  of  inspector  to  enter.  .  332 

Building    materials — in    streets 6 

Building    materials — Parks 701 

Buildings — may    be    moved 1894 

Buildings — Must  conform  to  code 1778 

Buildings — Not    private    dwellings 1786 

Buildings — on    lines,    etc 1021 

Buildings — Owners     of — Smoke 983 

Buildings — Projecting  beyond  lot  line 1880 

Building — St.  Paul  Lime  and  Cement  Co 1658 

Builders — To   take  out  permits   for  excavations 4 

Buildings — To  be  enclosed  on  all  sides 1827 

Buildings — Unlawful   to   construct    without    permit 1787 

Buildings — Wires    on 298 

Bulletin  board— To  be  licensed 76 

Burdocks— Not  to  be  permitted  to  grow 131 

Burial — Of  persons  dying  from  contagious  diseases..!..  470 
Burlington,      Cedar      Rapids     and     Northern     Rwy.     Co. 

(Warehouse)      2720 

Burlington,    Cedar    Rapids    and    Northern    Rwy.    Co.    of 

Iowa — West    side    streets   vacated    for 2419 

Butchers — Application   for  license 125 

Butchers — Filing  applications   to  authorize  sales 126 

Butchers — Must    allow    inspection 521 

Butchers    Meat — See    Butcher    Shops 107 

Butchers — Selling  at   retail 110 

Butcher   Shops — See   also   "Licenses" 107 

Butcher  shops — Health   department   to   inspect 127 

Butcher    shops — Licensing 124 

Butcher  .stalls— See  also  "Licenses" 107 

Butchers — to  sell  meats  on  streets 114 

Butter — General    provisions 663 

Butter — Sale    of 656 

Buttresses — Materials     of 1828 

Buttresses — Use    of 1832 

C. 

Cable  lines — City  Railway — 7th  Street 2224 

Cable  extension — Selby  line  to  Merriam   Park 2226 

Cable    lines — fares — city    railway 2239 


1179 

Sec.   No. 

Gallic   line — Selhy    Ave.    to   electric — City   railway 2316 

Cable   lines — Selby    Ave.    extension 

Cab.  ,t  &  Gushing  tunnel 1210 

Frederick  B.  Cady — et  al — use  of  lots  for  lumber  yard..  L218 

Cafe ..  500 

Geo.   W    Cahoon,  levee — use  of 1219 

Calf     unwholesome 

Calves — Selling  and   Conferring 655 

A.  J.  Cameron  &  Co.— Galv.   I  run   Kitchen L229 

Candle    maker 50] 

Candle    Manufact  »ry 

Capping    timbers l  826 

Cap    stones 

Captured   dogs — how   killed 

Captured   dogs — how  kept 

Caravans — shows,     etc.* L06  I  5  6 

carbon     oil 778 

Carbolic   acid — sale    of  crude L39 

Carbolic    acid — sale    of — restricted l.:i 

Care     of    boulevards L01 

of    captured     dogs 

ervice — Como-Harriet    fnterurban    Line   (City    Rail 

way)     '. 2331 

Car  Service— Como-lhterurban  Line  (City   Railway)....  2380 

Car  Facilities— Phalen   Park  (City  Railway  i 

Car   Facilities-    excursion  6th   ward   (City   Railway) 

Car   Facilities     service    -Merriam    Park    Line   (City   Rail 

way )     

Car   Facilities     Stryker  Ave.    Line  (City   Railway) 

Car-  loaded  with  garbage,  etc 513 

Car-     licenses  for  (see  under  name-    of    various  li 

tables   ni.  etc 

>]»■,,]    of,   etc ■  B69 

Si  reel     attempt  to  ride  ou!  mi; 

•  t      Spilling     094 

Car-  to  5top  during  fire     (City   Railway  I 

Carriage    House     floor    load 

Carriage     Hor 

Carriagi        Licei  101 

Carts— L 

Carl  -       I  ru  ...  .... 

1  1814-17 

Carrying  gunpowder  through   streets 

Casing  »d  in  firepi  oof  building  1011 

Catch    Basin 

Catch    Basins     and  e   drain  -  10 !  i 


1180 

Sec.  No. 

Cattle  or  Cow — only  one  in  a  yard  without  permit 529 

Cattle— droves  of  on  bridges 84 

-how  released  from  pound 178 

Cattle,  ete. — in  tenement  houses  (see  also  Health  Dept.)  37G 

Cattle — milk.    ete. — Inspection 521 

Cattle — not  to  be  stored  in  tenements 515 

pn    bridges 92 

Cattle— on    streets 141-142 

Cattle  overheated  must  be  reported. 

Cattle — pound    limits 145-176 

Cattle — to  keep  to   right  on  bridges 96 

Last  iron — manufacture  and  strength 1808 

Cast  Steel — manufacture  and  strength 1807 

Cathcart,    A. — electric    wires 1230 

Cedar    St.— Tunnel 1617 

Cellar   doors,   etc 1031 

Cellar  doors — not  permitted  in  sidewalks .'. .  1886 

Cellar    foundation § 

Cellars,  vi'idt-",  etc.,  not  to  become  offensive iOd 

Cellar    wall 720 

Cellarway     '. 720 

Cement — manufacture    and    strength 1801 

Cement    record 1801 

Cement    walks 941 

Cemeteries     190 

Cemeteries — enlargement    of — etc 192 

Cemetery  sexton,  must  register. 

Central  Police  Station  (see  police). 

Central    Police    Station — Place    for    any    articles    left    in 

vehicles,    etc 410 

Central  Warehousing  Co.,  Railway  spur  track 1231 

Certificates — how    issued 463 

Cesspool — neglect    to    provide 936 

Cesspools — Outhouses     837 

Cesspools — sewers,    etc 493-4-9 

Cesspools — where  no  sewers 2018 

Change   from   cable   to   electric — 4th   St.   line    (City   Rail- 
way)   2323 

Change    of   Route — Union    Depot    loop    line    (City    Rail- 
way)   2392 

Charges   (Scavengers  prices) 907 

Charter — Amendments    194-200 

Chicago   Great  Western   Ry. — Alleys  use  of  for  railway 

tracks    2438 

Chicago  Great  Western  Railway  Co. — Chicago  Avenue — 

Railway    Tracks 2441-4-7 


Ch 

Ch 
Ch 

Ch 

Ch 

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Ch 
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Ch 
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1181 

Sec.  No 

cago,    Burlington    &    Northern    Railroad    Co.,    Poles 
and    Wires — Resolution    ^4:25 

cago  Great  Western  Railway — levee — use   of 2429 

cago  Great  Western   Railway   Co. — Spur   track   (Rail- 
roads)      2425 

cago  Great  Western  Railway  Co. — Telegraph  poles — 
streets  and  alleys 

cago.    Milwaukee    &    St.    Paul    Railroad    Co. — Chest- 
nut   St.    track    (Railroads) 2450-2494 

.    Milwaukee    &    St.    Paul    Ry.    Co.-    Side    track — 
Merriam     Park 2455 

cago.   Milwaukee    &    St.    Paul    Ry.    Co. — Controversy 
(  Railroads)    245 

cago,    Milwaukee    &    St.    Paul    Ry.    C  -                     ide 
track?    2497 

cago,   Milwaukee   6c   St.    Paul    Ry.    Co. — Spur   track — 
levee     (Railroads) 248"i 

cago.    Milwaukee    6c    St.    Paul    Railway    Co.— Streets 

and    levee — use    of 

Milwaukee   6c     St      Paul     Ry.     Co. — rearrange 
ment  of  R.   R.   tracks 5741 

cago,  Rock    [sland   &    Pacific    Ry.   Co.    R.   R.   track- 

(Railway)     

Northwestern  Telegraph  Co.     franchise 

St.   Paul,  Minneapolis  &  Omaha   Ry.      West   St 

Paul — Spur    tracks 

;.  Minneapolis  &  Omaha   Ry.  Co.     Re- 

arrang  f  tracks,  R.  R 2741 

Paul,     Minneapolis   &   Omaha    Ry.    Co. — 

Street 13-17 

Minnea  aha     Rj 

2511 

I,  Minneapolis  6c  Omaha  Ry.  Co.   \\ 

Si      P  ilution 

ef  of   Fire    I  >epartmen1 

re  department     and  di  .'  1 1 





t   R.   R     B 



ef  of  P  tail  van  ol 

I  >uty    i  •  gardini  and 

swindling    

ef  of  P  1 1 


1182 

Sec.  No. 

Chief  of  Police     Report  to  city  comptroller  of  lamps  out  no:.' 
Uhief    of    Police — removal    of      vehicles     From     places    in 

street    where   they"  are   obstructing 424 

Chief  of   Police — right  to  inspect  prescriptions 136 

kens— not   to   be   penned 530 

Chimneys — height     of 1859 

Chimneys — material  and  size 1  859 

Christians! m,   C.   L. — barn 1233 

Churches — wiring     in 310 

Circuses,   concerts,   etc 1064-5-6 

Cisterns     533 

City    Attorney 201-207 

City   Comptroller  receives  -monthly  reports  about   street 

lamps     602 

City     Comptroller 745 

City    Comptroller 836 

City    Comptroller 919 

City    Comptroller    1049 

City     Contracts 237-243 

City     Clerk 789-793 

City     Clerk 1046 

City   Clerk — examination  of  metres  if  over  registering..  604 

City  Clerk — to  issue  license  to"  auctioneers 18 

City  Clerk  issues  certificates  (Liquor  License) 569 

City   Clerk  issues  license    (liquor) 569 

city  Clerk  to  keep  record  of  bicycle  tags 63 

City    Clerk    (licenses) 761 

City    (Tlerk    (licenses) 612 

City  Clerk — license  for  driving  hacks,  etc 397-98 

City  Clerk — license  for  shows,  etc 1065-6 

City  Clerk  (market  license)    629-39-40 

City   Clerk— Printing  bids 833 

City  Clerk — record  of  hotel  runners'  license 556 

City  Clerk — registers  all  carts,  trucks,  etc 440-461 

City  Clerk — R.   R.  ticket,  brokers  license  and  intell.  and 

employ,    office 592-93 

City  Clerk   (rents) 875 

City    Clerk    (scavenger's   license) 897 

City   Clerk — signs  liquor  license      567 

City    Clerk — signs    permission    for    use    or    sale    of    gun- 
powder      387 

City  Clerk — trading  stamp  license 1071 

City   Clerk — weights  and  measures 1096A 

City  Engineer — (see  also  city  charter). 

City     Engineer 208-17 

City    Engineer 787-791 


1183 

Sec.   No. 

y    Engineer 996  8-1000  1003-4-jB   10 

y     Engineer 1049-5] 

y    Engineer — defective    cornice- •.'  I  I 

y   Engineer — i  erection  of  scales  i 892 

y    Engineer — have   charge   of  materials   on   street 6 

y    Engineer— (sewers   and   drains). 915  6-7  9-920  22  26  27  30  3] 

y     Engineer— I  sidewalks) 942 

y     Engineer — (sidewalks) 950-5-1  57-62-67-71 

y   Engineer — to  control  wires,  conduits,  etc 

y  Engineer  to  prepare  maps  (-house  number) 559 

y   Engineer — to  stop  work  on  streets i 

y  Engineer — to  sell  damaged  property  left   on   streets 

y — not  liable  for  injuries  or  damages   in  subways....  303 

y  officers— opinions  from  city  attorney 201 

y     Prison 805 

y    Prison    Keeper 

y  Railway  additional  double  track— Jackson  St    Lin  2365 

y  Railway — Between  track-  removal   of  sn  iw 

y   Railway— Broadway   loop  authorized 2312 

y   Railway   Broadway   loop     car-   to   run   on 2314 

y  Railway — bridge  over  Como  Avenue 2309 

y   railway — cable   on    Selby   extension 

y   railway    -cable  lines   7th   St 222  I 

y  Railway — Cable  lines    -Merriam   Park  extension....  2226 

y    Railway — Cable   line     change   to   electric   on    Sel 

line     2316 

y   railway  -cable   line    fare- 

y     railway— Car     servi  Harriet     [nterurban 

line     

y  Railway— Car  facilities     Merriam    Park   Line 

y  Railway     Car-  to  stop  during  fire .' 

y   Railway— Car  facilities     Stryker    We.   Line 

y   Railway     Car  service     Como  [nterurban   line 

y  Railway— Car  facilities     Phalen   Park 

y    Railway- -Car   facilities!      extension      Sixth   ward... 
y  Railway     I  under  names  for 

various  lii 
y  Railway     Changi  Union  Depot  Loop  hue 

y  Railway     Change  from  cable  U  uh  St 

y    Railwa)      I         leai  under 

name-  ol  Streets   where  lines   run 
y    Railway     Cochran,  Tl         I      el    al  .   Randolph   St. 

line    franchise 
y      Railway     Como      [nterurban      Lin<      I 


1184 


iv      Railway — Como     Harriet      fnterurban      Line — Car 
service    

\    Railway — Como  line  on   Broadway  loop 

y    Railway — Como   Interurban 

y    Railway — Como-Interurban   line — Car   service 

y  Railway — Como  Harriet  Line — Permission  to  build, 
etc 

y  Railway  to  Como  Ave.  Line   (compromise) 

y    Railway — Como   Park   Line 

y  Railway — Concord   St.   Line   extension 2368 

y    Railway — Concord  St.    Line    (compromise) 

y  Railway — Concord  St.  Line — extension 

y  Railway — conduits,  wrires  and  poles  underground... 

y  Railway — double  track  on  Robert  St.,  ?th  to  bridge. 

y  Railway — Eighth  St.  line  from  Broadway  to  Robert 

y   Railway — Eighth   St.    loop — franchise 

y    Railway — electric    lines 

y  Railway — extension  of  time  for  "1227" 

y   Railway — extension — Phalen    Park    Line 

y  Railway — extension — Concord  St.   Line 2368 

y   Railway — extension    Rondo   Line 

y  Railway — extension — Concord  St.   Line 

y    Railway — extension — Maria    Ave.    Line 

y  Railway — fares  on   cable   lines 

y  Railway— 4th  St. — Change  from  cable  to  electric... 

y   Railway— 4th   St.   Cable 

y  Railway — Fourth  St.  line  cable  to  electric 

y  Railway — Grand  Ave.  line  on  Sibley  St.  loop 

y  Railway — Grand  Ave.  line  on  Broadway  loop 

y   Railway — Granite   paving — Maria   Ave.    Line 

y    Railway — Gross    earnings 

y  Railway — Hamline  line — Broadway  loop 

y    Railway — Hamline    Line — new    route 

y  Railway — Hamline  line — new  route 

y  Railway — Hamline  line — to  run  on  Sibley  St.  loop.. 

y  Railway — Hamline  Line  Compromise. . 

y  Railway — Horse  car  1st  ordinance  (No.  57) 

y  Railway — Horse,  car  (2nd  ordinance  No.  2681) 

y  Railway — Horse  car  ordinance 

y  Railway — Indian  Mound  Park  line 

y  Railway- — Interurban   line  on   Broadway  loop 

y    Railway — issue    transfers — at    Rice    St.    and   Univer- 
sity   Avenue 

y    Railway — Issuance    of    transfers    Como    Interurban 
line 

y   Railway — Ireland.  Jno.,  et  al.,  franchise  for  car  line 


Sec.  No. 

2331 
2312 

2346 
2380 

2331 

2407 
2301 

see  2377 
2405 
2349 
2293 
2218 
2312 
2288 
2242 
2291 
2366 

see  2377 
2303 
2349 
2338 
2239 
2323 
2212 
2316 
2320 
2312 

241  r 

2267 

2312 
2342 
2334 
2320 
2406 
2176A 
2176B 
2177 
2299 
2314 

2.354 

2394 
2228 


1185 

X.  i. 

y   Railway — Jacks.  >n   St.   Line 

y  Railway — Jackson  St.   Lino  additional  double  track.  2365 

y    Railway — John    Ireland,    et    al..     conforming     ord. 

"1202"     

y   Railway — Lafayette  line  extension  to  Phalen 

y    Railway — Langford   Ave.    line 2295 

y   Railway— Loop  8th  St.   franchise 2288 

y  Railway — Loop — Broadway  cars  to  run  on '.' .:  I  I 

y    Railway — I.  under    names    of 

various  Hi 

y  Railway — Line.-  on   Broadway  loop 

y  Railway  Co.  Manufacturing  Plant  (Compromise)... 

y   Railway — Maria  Ave.   line  extension 

y   Railway — Maria   Ave.   Line  granite   paving 2417 

y  Railway — Maria  Ave.  Line  to  run  down  7th  St 

y   Railway— Maria   Ave.   Line 

y   Railway— Merriam  Park  extension  cable  lines 

y    Railway — Merriam   Park   line   car   facilil 

y  Railway — Mississippi  St.  line  to  run  on  Sibley  St.. 

y  Railway    -New  Route — Hamlin<    L,in<     

Railway     New    Route— Hamline   line 

y    Railway — Xot   to  throw  sand,   salt  or  ice    back   on 



y  Railway— North  Si.   Paul   Rd.  Co.  franchise 

y  Railway — Option  of  company  as  to  method 

eration     22 12 

y  Railway     fares     ordinance   to  redu 

y   Railway        I  for 

y  Railwaj  o\    poles  and   wires 

y  Railway     Poles,  wires  and  conduits     underground. 

y   Railway   -Provision   for  Owl  cars 

y    Railway      P  mder  nan 

li 

tring  win 
y  Railway  -  Permi  im<  i   I  rarriet 

Line     

y  Railway     Phalen   Park   Li 

y     R 

Iwa)      P 

Pi  ■'  ••!    Loop 

'  indolph  St.   Line 
y  Railway     Randolph  St.  fi 

I 


1186 


City    Railway— Repeal   2257 

City    Railway— Repeal    2252 ' 

City  Railway — Right  to  lay  double  track  on  13th  St. 
from  Jackson   to   Mississippi 

City  Railway — Rice  St.  and  University  Ave.  issue  trans- 
fers      

City  Railway — Rondo  St.  line  (Compromi.se) 

City  Railway — Rondo  line   extension 

City  Railway — Rondo  line  on  Sibley  St.  loop 

City  Railway — Salt,  sand,  ice  on  tracks  on  bridge 

City  Railway — St.  Anthony  Park  Line 

City  Railway — St.  Peter  St.— tracks  prohibited  on 

City  Railway — Selby  cable  extension 

City  Railway — Selby  lines — Merriam  Park  cable  ex- 
tension     

City  Railway — Selby  Ave.  tunnel   (compromise) 

City  Railway — Sibley  St.  loop — lines  to  run  on 

City  Railway — Selby  Ave.  line  cable  to  electric 

City  Railway— Selby  cable  franchise 

City  Railway — Seventh  St.   cable 

City  Railway — Seventh  St.  lines  connected 

City  Railway — Seventh  St.  change  from  cable  to  electric 

City   Railway — Sewers — -construction   of 

City  Railway — Seven  Corners — stopping  of  Selby  cars.. 

City    Railway — Sibley   St.    loop — authorized 

City  Railway — Sibley  St.   loop — Prohibition  on   3rd   St.. 

City  Railway — Sixth  St.  and  St.  Peter  St.  no  street  car 
tracks     

City   Railway — Sixth  Ward — Car   facilities    (extension)  .  . 

City  Railway — Snow — clean  from  tracks — see  ordinances 
under  names  of  streets  where  lines  run. 

City  Railway — Stopping  Selby  cars  Seven  Corners 

City  Railway — Stopping  of  cars  Union  Depot  Loop  (Sib- 
ley   St) 

City  Railway — Streets — permission  to  string  wires 

City    Railway — Stryker   Ave.   Line 

City  Railway — Stryker  Ave.  line  car  facilities 

City  Railway — "T"  rails  on  University  Ave 

City  Railway — -Third   St.   tracks  on 

City   Railway — Line — Extension  on   for  "1227" 

City  Railway — Transfers  (see  under  names  of  various 
lines). 

City  Railway— Xo  tracks  on  6th  St.  nor  St.  Peter  St 

City  Railway— Tracks — prohibited  on  6th  St.  or  St.  Peter 
St 

City  Railway — Tracks  on   Wacouta   St 


Sec.  No. 
2377 
2377 

2209 

2354 
2417 
2303 
2320 
2296 
2295 
2225 
2  2 2  2 

2226 
2403 
2320 
2316 
2212 
2223 
2300 
2300 
2301-2-3 
2390 
2319 
2362 

2225 

2352 


2390 

2391 

2347 
2299 
2371 
22S4 
2319 
2291 


2225 


2319 


1187 

Sec.    \"o 

City   Railway— Tracks  on   Sibley   St 2319- 

City    Railway— Tracks— on    3rd    St 23 1 9 

City  Railway — Tracks  on  bridge — ice,  salt  and  sand  on..  2296 

city    Railway — "1227"    ordinance 2242 

City   Railway — "1227"  extension   of  time .         229  I 

City    Railway— "1227"    ordinance 22  12 

City   Railway — "1227"  supplemented  Langford  Ave.   line  2295 

City  Railway — "1227"  Jackson  St.  supplemented 2294 

v^ity  Railway — Extensions   of  lines — general — "1227".... 

City   Railway — "1227"   general    line    extensions 2298 

City  Railway — Underground  conduits,  poles  and  wires.  .  2293 

City  Railway — University  Ave.  to  lay  "T"  rails '.'-! 

City  Railway — Union  Depot  Loop  Line — change  of  route 
City  Railway — Union  Depot  Loop   (Sibley  St.)  stopping 

of    cans 2391 

City   Railway — Wacouta  St.,  tracks   on 2319 

City  Railway — West  St.  Paul  line — on  Sibley  street  loop  2320 

City  Railway — Wires — poles  and   conduits  underground.  2293 

City— Rents    due 875 

City   Sealer — Weights   and    Measures 1096A 

City — Suits   against   to  'be    defended    by    corporation    at- 
torney       .'in 

City    Treasurer 781 

City    Treasurer 85  I 

City    Treasurer 1049-5]  52 

City  Treasurer   <  Market   License) 629 

City   Treasurer — Permit   for   sewers 

City    Treasurer — ( Rents) 875 

City  Treasurer  (Trading  -tamp-') 1069  ;i 

Cleanouts    for   traps 2011 

Cleaning    .» 

Clergymen — (bodies    of   persons    dying    from    contagious 

diseases  musl  noi  !"■  allowed  in  church 186 

Clerk'-    Fee     Brokerage   offices     fntell.   offices    employ 

llient    

Clerk  of  Municipal  Court 

Cleveland     We     Si  <  1  <  ■    track     Minnesota     1 
(Railroads) 

Climbing    of    ti  •  

• 
County    Vttorn  t  to  tion 

ing    and   ■slidjng 1019 

Conn    i 

r  additional  condu 
Councilmen     t<>    wear    badg<  

Council      ■  .... 


1188 

Sec.  Xo. 

Council— may  declare  cornices  as  nuisances 245 

mcil — may  authorize   wires,   poles,   conduits   and  'Sub- 
ways       292 

Council — to    appoint    weighers ' 221 

if    Sewers — equalizing 040 

Corps — salvage     886-8 

Corporation  attorney — right  to  inspect  prescriptions....  136 
;>oration   attorney,   see   "police,"   "City   charter,"  "no- 
tices of  accidents." 
Corp  'ration  Attorney  about  agreements  for  garbage  col- 
lection  (see,  also,  Health  Dept.) * 383 

Corporation  Attorney — accidents   reported  to 817 

Corporation    Attorney 201-207 

Corporation    attorney 746 

Coroner — to  have  right  to  inspect  prescriptions 136 

Coroner — Death     certificate 481 

Cornices  of  wood  in  fire  limits .- 1847 

Cornice  or  roof  vault 720 

Cornices  to  be  of  metal 247 

Cornices  of  incombustible  material 1886 

Cornices — engineer    to    examine 244 

Cornices — (see  also  Building  Code) 244-245 

Copper  tubing  and  flushing  gauge 2017 

Cook,  W.  H.  &  Frank  Van  Duyne  Mfr'g 1669 

Conve3'ance  of  patient  with   contagious   disease 471 

G  invention    Hall — temporary 1874 

Controversy — adjustment   of   Chicago,    Milwaukee    &    St. 

Paul   Ry.    Co 2459-72-89-92 

Contractor — take  out  permits  for  excavations 4 

Contractor  for  removal  of  garbage  not  to  be  obstructed.  518 

Contractors— with     city 237-243 

actor — garbage    516 

C<  mtiguous    walls — protection 1825 

Contagious    diseases 466 

Construction    of    tunnel    under   3rd     St.,     Gt.     Northern 

R.   R.    Co 2606 

Construction     of    track     line — Great     Northern    Ry.    Co. 

(Railroad's)    2585 

Construction    of   track — Chestnut    St.,    Chicago,    Milwau- 
kee  &  St.    Paul    Ry.    Co.    (railroads) 2450-2404 

Construction    of    Side    track.    Chicago,   Milwaukee    &   St. 

Paul   Ry.    Co 2455 

Construction — Skeleton  iron  and  steel 1920 

ruction — see  also  building  code. 

Construction    of    sidewalk 1010 

•uction — manner  of — for  subways  and  conduits....  295 


1  189 

Sec.   No. 

Connections — of    traps 2026 

Connections — with    sewer 2018 

Connei               sewer    ,||s 

Connection  and   framing  structural   iron   work L936 

Connections — drip  and  overflow  pipe 2025 

Connections — brass  and  lead   pipe 

Connections    939 

Confiscation — of  weap   ns   bj    police 226-22'J 

Conduits,    underground 781  •'■l| 

Conduits  and   subway- — manner   of   construction 295 

Conduit— Thos.   B.   Scott L609 

Conduit — rem.  ival    of 300 

Conduits,  pole-  and  wires  underground  City   Railway... 

Lmiduits — co-extensive    use    of :;"' 

Conduits    281 

Conduct -lewd     

Conduct — Immoral     68"! 

Conduct — disorderly  see  "Disorderly   Houses" 

Concrete — afe    bearing   load 1809 

ete  —  how    made    and    placed 1803 

Concrete    foundations 

ord  St.  Line  extension  (City  Railway) 2366 

ord   St    Line  extension   (City   Railway) 2349 

Concord  St.  Line  City  Railway  (Compromise) 2405 

Concealed    weapons 

Concerts — shows,     etc 1064-5-6 

Comptroller,    City L004  5 

Compromise   City   Railway    Co 241'J 

Compression  -table  of  direct 1814 

Complaints   with   reference   i  i    (see   also  health 

dept.  )       

519 

('   mo  Park  Line  City  Railway.  , 

Como     I 'ark 

Como   Park    •  V 

Como      tnterurban     Line     Issuing    of     transfers     (' 
Railway)     

tnterurban   i .  Railw  aj  • 

tnterurban  Citj    Railway 
Como  Harriet  Line     Perm    sion  to  build  (City  Raih 
Como  Harriet   fnterurban  Lii 
Como    Wenue  Lin<  240" 

i  car  line  on  Broad 

Como    \\<\   Bridge     City  Railwaj 

Common    Law    and    Statute    n 


1190 

Sec.  No. 

Common  Council — to  transfer  butchers  license 112 

Common  Council — Sergeant  at  Arms 914 

Common    Council — granting    of    permission,    for    use    of 

gunpowder   and    guncotton 387 

Common  Council — corporation  attorney  to  attend  meet- 
ing   202 

Common    Council — and    Building    Code 1849 

Common  Council — to  authorize  cemetery  enlargements.  192 

Committee    on    Streets 1075 

Committee  on   Public  Accounts 795 

Committee    on    License 567 

Commissioner's  record  of  reports,  complaints,  etc 519 

Com.  Pub.  Works — refusal  of  permit  for  wood  sidewalks 

in    places 952 

Commissioner  of  Public  Works — Power  over  dangerous 

buildings    1849 

Commissioner    of    Public    Works — to    notify    owner    or 

agent  of  illegal   construction 1781 

Commissioner  of  Public  Works — to  be  furnished  plans..  1780 

Commissioner  of  Public  Works — to  furnish  blanks •  1780 

Commissioner  of  Public  Works ,.  .  860 

Commissioner    of    Public   Works     (see     city     engineer). 
Commissioner  of  health  with  reference  to  garbage   (see 

also    health    dept) 379 

Commissioner    of    health — receives    reports    of    cases    of 

contagious    disease 466 

Commissioner  of  health — may  post  signs 77 

Commissioner   of    Health 671-674 

Commissioner  of  Health 900 

Commissioner  of   Health 1081-2-3-4 

Commissioner,  etc.,  to  have  free  entrance- to  buildings..  512 

Commission    on    appeals 1782 

Combustibles — not  to  t>e  stored  in  tenements 515 

Combustibles — not  to  be  stored  in  tenement  houses 189 

Columns — reduction   to   live  loads 1820 

Columns — open    back 1924 

Columns— computation   and   loading 1813 

Columns — cast    iron 1922 

Columns     783 

Columbia  Electric  Co.,  Poles  and  wires 1240 

Columbia   Electric   Light   Co 1772 

Collection,    transportation,    conveying    of    garbage — Re- 
ceptacles (see  also  health  dept) 377 

Collection    of    garbage 519 

Collecting   in    crowds 686 

Coextensive  use  of  conduits 301 


1191 

Sec.  No. 

Cochran,  Thos.   Jr.,   Electric  car   franchise 2228 

Cochran,  Thos.  Jr.,  Confirming  (1202) 2283 

Coasting     1098 

Coal  chutes  for  manholes  in  sidewalks L855 

Coal — fees    for    weighing 224 

Coal  and  hay 218 

Coal   (see  also  "Weights  and   Measures") 218 

Crescent   Creamery   Co. — use  of  levee 1243 

Cranberries — unripe    665 

Crossing     1026-28 

Crowds — Collecting    in 686 

Crowds — on  sidewalk,  not  to  be  collected  by  auctioneer.  23 

Crossings — Flagman  and  lamps  at 866-7-9-870-1 

Crude   Carbolic   Acid — sale   of 139 

D. 

Dangerous    walls — appeals ' 1782 

Dampness — protection    of    walls 1838 

Damage — for  hurts  in  subways 303 

Damaged  property — to  be  removed  from  streets 8 

Danner,  John  J.,  Fencing  factory L246 

Dances — public    --IT 

Dangerous    buildings 796 

Dangerous   buildings — general   provision 1849 

Danger — cars  to  stop  at  appearance  of 1057 

Dangerous  electrical  machinery 2035 

Danger    signals 251 

Thomas  Davis — levee  lease  boiler  factory L256 

Dead   animal  matter 503-50  I  5  1 6  5 1  B 

Dead    bodies L90 

Dead  load  of  building L820 

Dealers— second     hand 743 

certificate — by  coroner  or  attending  doctor 181 

Death — from    contagious   diseases 467 

Deeds — to  armory   property 0 

forbidden 

drain 

Definition  of  bearing  walls 

Definition  of  plumbing  terms BOlfl 

Definition  of  temporary  buildings  and  structures   isn 

■i"ii   of   floor   beams L918 

I  menl    of   health 

tment  of  health     General  ordinances 

Department  of  health    <patenl  medicine  law  enforcement  671 

Department  of  health     Milk   inspection 

irtment   of  police   (See  also  city  charter) 704    t 


1192 

Sec.   Xo. 

per  or  dirt  on  sidewalk 1015 

ute  and  diseased  persons 257 

Details  of  electrical  construction 2082 

Depth  of  foundations   (see    Building  Code). 

Depth    of   buildings 1784 

Deputy    city   scaler. 1069A 

Diamond  Jo   Line   steamers L271 

I  >ice  and  other  games  of  chance  prohibited 354 

Dicker'man,  C.  E. — Steam  pipe  rights 1305 

Dime    museums 614 

Dining    rooms 590 

Dirt    : 924 

1  diseases — Contagious    466 

Diseased  and  destitute  persons 257 

Disinterments — permits    for 482 

Disorderly  conduct  (see  also  disorderly  houses). 260 

Disorderly    houses 259 

Distillers     500-502 

Distilleries     502 

Districts — election    312 

Distribution    of    wires 297 

Disturbances    686 

Disturbing    neighbors 260 

Ditches     1020 

Ditches  and  sewers 1083 

Doors    _. 720 

Dormer  windows  in  fire  limits 1S86 

Dogs    263 

Dogs — captured — how    kept 272 

Dogs — care    of — captured 272 

Dogs — duty   of   police 270 

Dogs — ferocious    267 

Dogs — inspector'^    expense 27S 

Dogs — How    killed 273 

Dogs — who  bite — to  be  killed 274 

Dog — license  inspector  for 269 

—to  be   licensed 263-265 

Dogs — at    large 266 

Dogs — not  to  run  at  large 281 

Dogs — not  to  be  set  at  large 281 

Dogs — muzzling    of 268 

Dogs — vicious     274 

Dogs — who    bite 274 

Dogs — who    bark og5 

Double  track— Robert  St.  City  Rwy 221 8 

Drain   Tiles   to   protect  walls 


1193 

Sec.   No. 

Drains — subsurface    of    tiles 2021 

Drains — general     pn  

Drains     and     sewers 915-940-1020 

Dray.- — license     fee . 401 

Drays — exception     1044 

Draymen,    backmen,    expressmen 396 

Drill    hall — In    Armory — use    oi L2 

Driver's    badge t04 

Drills  and  parades  .  .  . ., 

Drivers — license    of 

Driving - L026 

Driving — fast     L035 

Droves  of  cattle  on  bridges 84 

Drips  and  risers  of  gas  pipes 2030 

Drying   rooms — how    constructed L878 

1  )ruggists     .".u 

Drunkenness    

Ducas    Street  police   station 811 

Due  rents   to  city '.  .  .  .  875 

Dumping,  P.   I).  Scannell  and  Jacob   Bohrer 1600 

Duty  of  police — dogs 270 

Duty   of   commissioners — lumpy   jaw    cattle 

Duty  of  commissioners— unwholesome  meat 524 

Duties    of    pound    keeper 

Dwellings — fireproof  over    five   stories L852 

Dwellings     over  two  stories,  two  stairs 

I  >yers    500 

Dynamo  rooms  and  stations 

E. 

East  Ninth  Street     -tram  pipe  permit 

East  Seventh  street    -change  from  cab 

ra  i  I  w  ay    

East  Seventh  streel     II.  Bockstruck,  permit  foi   p     I  1190 

pany     poles  and    ■•■ 

I  unnel  under '.....  1210 

nd  West  S<-\  ent  h  ted 

■  my    Strain    Hint    Comp  <\ 

Edison   Eli  -lit  and   P  mpan}      1 



I  Power    Ci  'inpanv      lin:  ■ 

time    

i  tnd   Pov 



Eighth  ity   railw  B 


1194 


Sec 


Eighth  street  loop — city   railway 

Election    districts 

Electrical  constant  current  systems 

Electrical  constant  potential   systems 

Electrical  extra   high   potential   systems 

Electrical   fittings   and   details 

Electrical  inspector   (fire  department) 

Electrical  inspector  (see  also  building  code). 

Electrical  inspector — -and  wiring  in  churches,  etc 

Electrical  inspector — and  right  to  enter  buildings 

Electrical  materials  and  apparatus 

Electrical  wires — orders  to  remove  dangerous 

Electrical    wiring 

Electrical    work 

Electrical    work — miscellaneous 

Electrical    work    permits 

Electric    wires 

Electric  Lighting  Company — United   States 

Electric  Lines  (see  City  Railway). 

Electric  light  wires 

Electric  poles  and  wires — Edison  El.  L.  and  P.  Co 

Electric  railways  (see  City  Railway). 

Electric  wiring  and  wires 

Electric  Wires — Permit   to   A.    Cathcart 

Elevated  platform — Rights  of  J.  H.  Allen  and  Company 

Elevated  platform — Griggs,  Cooper  &  Company 

Elevator    accidents 

Elevators — automatic    cable    stops 

Elevators — automatic    governors 

Elevator  cables  and  counterweights 

Elevator    doorways 

Elevators  for  grain 

Elevators — hand    power 

Elevator  inspector — to  enter  buildings  at  will 

Elevator  in  a  well  hole  or  stairs 

Elevators    for    passengers 

Elevators — permits    and    requirements 

Elevators — semi-annual    inspection 

Elevator    sheaves 

Elevators — use  prohibited  in  certain  cases 

Employment    offices 

Emission  of  dense  smoke '. 

Endicott,  W.  and  H. — Steam  pipe  rights 

Engineer,    city *. 

Engineers — stationary    ladder 

Engines — .smoke    from 


No. 
2284 

312 
2041 
2057 
2079 
2082 

330 

310 
2032 
2035 
2896 
2034 
2032 
2121 
2036 
1054 
1772 


287-309 
1320 

287-309 
1230 
1099 
1412 
1940 
1942 
1943 
1946 
1941 
1873 
1942 
1952 
1950 
1948 
1929 
1938 
1947 
1939 
592 
982 
1334 

208-217 

1901 

983 


1195 


Entrances    to    basements 

Equalizing  cost  of  Sewers 

Erection  of  barb  wire  fences  (see  Building  Code) 

Erection — telegraph      poles — Chicago      Great      Western 

Rwy     

Eureka   Improvement   Company 

Eureka  Improvement  Company — poles  and  wire  right... 

Examination — of  garbage  complaints 

Excavations — general    ordinance 

Excavations — to  be  guarded 

Excavations — permit    for 

Exhaust  blow-off  or  drip  to  sewers 

Exits — from  basements,  engine  rooms  or  boiler  rooms.. 

Expenditures — for  militia  purposes 

Expert    printer 

Explosives     

Exposure — indecent    

Expressman,    draymen,    hackmen 

Extension — Of  Phalen  car  line 

Extension — Concord  street  line,  city  railway 

Extension — Concord  street  line,  city  railway 

Extensions — general,  six  car  lines 

Extension — Maria  Avenue   line — city   railway 

Extension — Phalen   Park  line — city  railway 

Extension — Rondo  line,  city,  railway 

F. 

Factors  of   safety 

Factory  buildings — floor  load 

Factory   buildii  ipe\ 

ory  buildings     pressure  under  foundations 

Factory  buildings     definition  of 

carrying  capacity  of  columns 

Factory    Twin  City  Fence  Wire  Works   

Fair    buildings     tempi  »rary 

Fair   buildings     time    limits 

Failuri  rreel   construction 

Faking,  grafting,   swindling 

Faking    

Faking    grafting*  -swindling    

False  fire  alarm  and  fire  alarm  telegraph 

T;  a  1  - .  itions 

Fauquier  St.  I  o,  St,  Paul,  Minneapoli  & 
Omaha    Ry,    Co 

-City  railway     on   cable   lines 

-City  railway — ordinal 


Sec.  No. 

190:> 

940 

328 

2435 

177:.' 

L342 

380 

870 

6 

4 

2020 

1901 

9 

836 

771 

681 

396 

2302 

2349 

2368-:.'  .17  7 

2296 

•      3366 


isl  I 
1820 
1910 
1828  \ 
L792 
i-  jo 
L693 
181  i 

i  ;m 

in 


l  196 

No. 

Farm   produce — sale   on   streets 118 

Farm  produce     in  cars  at  depot — sale  of i:.'i 

Farm   produce,  vegetables,   fruits,    in    railroad     oars    or 

depot — sale    of — license    for,    etc 352 

ind  gambling  devices-  prohibition  of 355 

Farwell,    Ozfnun,    Kirk   &   Co..   levee — side   tracks — Chi- 
cago. Milwaukee  &  St.  Paul 2497 

Farwell.  Ozmun,   Kirk  &   Co. — land— vacated 1361 

Fast    driving' 1  635 

Fastenings  of  scuttles 1907 

nings  for  iron  and  steel  stacks 18G2 

Fastened — horses  must  be — not  to  lamp  post — funeral-.  1038-39-40 

Fee — for  license   of  auctioneer 10 

Fee    (reporter's    badge) 880 

Fees — circus — menageries,    etc 1066 

Fees — for    weighing 224 

Fences     69 

Fences — 'barb  wire  (see  also  Building  Code) 328 

Fences — guard    251 

Fence — tight  board  over  6  ft.  prohibited 1S97 

Fencing — Danner.    John    J 1245 

Ferocious    dogs 267 

Fertilizer    

Fifth   St.   wires   for  electricity 1230 

Fifth  Ward  Transfer  Co.  levee  in  4th  and  5th  wards  rail- 
way    tracks 2535   to  2584  inc. 

Filling — between    floor   beams 191S 

Fine — for  working  after  revocation  of  permit 1781 

Fire — buildings   damaged   by  to   be   removed 8 

Fire   alarm    box — keys    for — unauthorized    person   not   to 

make  or  use  keys 343 

Firearms — discharge  of,  etc.,  in  parks 697 

Firearms — fireworks 345 

Fire   alarm    telegraph 287-309 

Fire  alarm  telegraph — false  fire  alarm   (see   also  electric 

wires)     34O 

Fire    commissioners — board    of 330 

Fire   commissioners — board   of 772-4-5 

Fire    chief   and    Com.    of    P.    W.    to    control    theatre    fire 

apparatus   and   lights 2011 

Fire  department  apparatus — not  to  be  interfered  with...  94 

Fire   department — chief   of 330 

Fire    department 886 

Fire  department    ("electrical   inspector) 330 

Fire    department — defective    cornices 244 


1191 

Sec.   No. 
Fire   department — charter   amendment   for   increased   ap- 
propriation      

Fire    escape    brackets L913 

Fire   escapes — care    and    number l'.'io 

Fire    escapes — platform    and    stairs — material    and    con- 
struction      l'.M  1 

Fire  e-                    addition  to  stairs  in    public  balls 1954 

Fire  escape  railings,   etc L912 

Fireworks   and   firearms 345 

Fire — hook  and  ladder,  etc 

Fire   Ins.   Patrol   Supt 

Fire    places 1864 

Fireproof    buildings — first    class i  785 

Fireproof — certain  buildings  if  over  5   stories  high L852 

Fire     patrol 

Fire  limits— building-   removed   within — restrictions 1851 

Fire  limits — buildings  outside  of  may  be  removed L894 

Fire  limits— frame  buildings  in L848 

Fire    limits — greenhouses    in L909 

Fire  limits — no  grain  elevators  with  wood   walls 1873 

Fish  and  fishing  parks 716 

Fish — inspectii  >n     of 521 

Fish— peddling   on   street- L18 

Fish — unwholesome 

Fitzpatrick,  Thomas— J.  C.   Prendergast  tunnel L366 

Flagmen     866 

or  center  

Flat  buildings — what   kind    km iwn  as 1788 

lead  for  n  ■  ■              ighl 201 3 

Flashii                                                           2017 

Floal  -    and    !>■  iatS      parks 

1  and  in  >n  ...  . 

Floor   beams    and   girdei                   '  ioi8 

igth  1822 

if     beams  and  arche-s [918 

Floorii  uilt 

'    from  i  himni  loss 



1  tad    distributed 

Floorlighta    [900 

id     •  nd  1958 
■  ■I    i'.y    br<  id 

nd    Smith  1811 

■  id   I"  'in  loss 
Fine  shall  m  >t  b                  venl  pipi 


1198 

Sec.  No. 

it  lights  and  stage  lights 2010 

Fool   peddlers'  license 761 

Footings — material   and  proportions 1832 

Footings  under  foundations — computation  of  pressure..  1826 A 

Foley  Bros.  &  Kelly  Mercantile  Co. — platform 1374 

I    irmula  of  weights  on  piles 1826 

Forfeiture   of  fire   weapons 235 

Forfeiture — of  bread  by  bakers 80 

Foundations — for   bake    ovens 1879 

Foundations — depth    of 1825 

Foundations — lining  existing  walls  to  be  supported  on..  1836 

Foundations — how  laid  and  proportioned 1826 

Foundations  for  isolated  smoke  stacks 1862 

Foundations — .size    of  piles    under '  1826 

Fourth  St.  line  cable  to  electric  city  railway 2316 

Pourth   St.   cable — city  railway 2212 

Fourth  St.  line — change  from  cable  to  electric  (city  rail- 
way)       2323 

Fourth  St.  steam  pipe 1334 

Fowls — pound     limits 145  to  176 

Fowl — in    parks 716 

Frame    720 

Frame  buildings — Scheffer  &  White 1605 

Frame    building — J.    C.    Richardson 1555 

Frame  building — Haas  &  Anderson 1414 

Frame  building — erection  of  by  Samuel  Cohen 339 

Frame  building — Shields-Sorghum   Co 1610 

Frame  buildings — Home  &  Danz  Co 1424 

Frame  buildings — within  fire  limits 1848 

Frame   building — Chas.   Klosterman 1437 

Framing  and  connecting  structural  iron  work 1930 

Frame  shed — Noyes  Bros.  &  Cutler 1554 

Frame   shed — Scribner-Lvbbey    Co 1 60S 

Franchises — American  Telephone  and  Telegraph  Co....  2773 

Franchises — for  use   of  -streets — time   of 308 

Franchise — Am.   Union   Telegraph   Co 2788 

Franchises — American  District  Telegraph  Co 2767 

Franchises— Bait.   &   Ohio   Telegraph    Co 2793 

Franchises — C.  &  N.  W.  Telegraph  Co 2798 

Franchise — Cancellation    of 1772 

Franchises   (phone)   see   also  "wires,"  "poles"  and  "elec- 
tric wires." 

Franchises — Minnesota   Central   Telegraph    Co 2803 

Franchises   (phone)   Mpls..   St.    Paul   &   Sault   Ste.   Marie 

Ry-     Co 2826 

Franchises— Mutual   Union   Telegraph    Co 2817 


1199 

Sec.  No. 

Franchise — Mississippi  Valley  Telephone   Co 2838-2889-83 

Franchises — North  American  Telegraph  Co 2S21 

Franchises — North   St.    Paul    Railroads 2261 

Franchises — Northwestern  Telephone   Exchange   Co.... 

2848-2852-2862-2864-2872-2877-2882 

Franchises — Rapid   Transit   Telegraph    Co 2763 

Franchise — St.  Paul  District  Telegraph  Co 2759 

franchises — St.  Paul  &  Mpls.  Mess.  &  Tel.  Co 2756 

"Free    Public    Bath    1<  und" 845 

Fronts  of  metal  to  be  filled  with  masonry L926 

Funeral  processions   (in  park)   prohibited 704 

Fumigation,    etc 179 

Furnaces — tops  of— how   placed   and   covered 1S65 

Furred  walls  or  chimneys L843 

Fruits — vegetables,    farm   produce   in      railroad     cars    or 

depot — sale  of — license  for,  etc 

Fruit — in  cars  or  depot — sale  of l:.'  I 


Gallery  for  art  on  roof  of  theatre i  966 

Galleries — shooting     1066  see  also  975 

Galleries  of  theatres  to  be   fireproof L980 

Galvanized    roof    sheets 2017 

Gambling — betting — pool     rooms 353 

Gambling    devices — prohibition     of — gambling     hi  uses — 

card-,     etc 354 

Gambling   houses — prohibition    of 

Gambling  tables   and   fixtures     seizure   of 358 

Game  (see  ;,i-, ,  butcher  shops  and  poultry  ) m; 

Game     in   ear-  or  depot — sale   of l:.M 

Game     license    for 1  ■:  i 

Garbage    

<  jarba .  j  ed  in   tight    n  t€  also  hi 

pt)    

Garbi  losit 513-14-15-10-17-18 

Garbage— night   soil,  etc.  in  tenemenl    houses 

health    depl  )    

Garbage-    to  be  called  for  by  health  departmeni     chi 

amendment    199 

Gas  bi  how  placed  and  protected 



.... 

' 196    : 

ighting  in  theatre 

of  theatre  shut  off  oul 

i     Paul   I ■  1561 


1 300 

Sec.   No. 

pipes    and    tubing 3030 

Gaslin,    David — levee — use  of 1383 

ne    ; ;  I 

Gedney,  M.   A.,    Pickling  Company   levee L391 

Girders — plates  under  ends  of 1928 

Girders               -    on   bearing  walls 1828 

Girder.-   i  if   steel   or  iron 1925-27 

-on    bicycle    paths 55 

Glue — manufacturing    510 

—not   to   be  penned 5.30 

Gongs    385 

Gongs — for    advertising 24 

Goods   on.  sidewalk 1022 

Grading  (R.   R.) S70 

Grafting — faking — swindling     324 

Grand  Ave.  line  on  Broadway  loop  (City  Railway) 2312 

Grand  Ave.  line  on  Sibley  street  loop — (City  Railway)  .  .  2320 

Grate    openings 1864 

Gratings     1031 

Gravel — streets   surfaced   with 1004 

Gravel — sand — salt — removal    of 1058 

Grease    traps 2023 

Grt.      Northern     Railway     Co. — Compromise     Manitoba 

Railway    Co 2589 

Grt.    Northern   Railway    Co. — construction    of    track   line 

( Railroads)     2585 

Grt.   Northern  Railway  Co.— R.  R.  tracks— Rosabel   St..  2602 

Grt.  Northern  Railway  Co. — tunnel 1406 

Grt.    Northern    Railway    Co.    tunnel — construction    under 

3rd    street 2606 

Green    hides 532 

Green     houses 1909 

Greenleaf  Clark — steam  pipe 1234 

earnings — City  Railway  (see  "1227") 2267 

Guncotton    and    gunpowder 387 

Gunpowder  and  guncotton 387 

Griggs,  Cooper  &  Co.,  elevated  platform -,-  1412 

Groceries    502 

Grounds — play    823 

Grounds — Public   (see   also  charter) 996 

Guards — at    excavations 7 

Guard    fences 251 

H. 

Haas  &  Anderson — frame  building — erection  of 1414 

Hackmen 737 


1201 

Sec.  No. 

Hackney  coaches — license   fees 407 

Hackmen — draymen — expressmen,    etc 396 

Hamline    line    city    railway    compromise 2406 

Hamline  line  new  route  (City  Railway) 2334  also  23  12 

Hamline  line  to  go  on  Broadway  loop  (City  Railway)..  2312 

Hamline  line — on  Sibley  St.  loop — City  Railway 2320 

Harmon    &    Kimball — transfer    of    privileges    to    Anchor 

Silver    Plate    Co 115*7 

Hastings,  W.   B—  tunnel 1415 

Hay — and  coal — weighers,  etc 218 

Hay — fees    for    weighing 224 

Health    Commissioner 829 

Health     Commissioner 671-4-7-8 

Health    Commissioner 837-8 

Health    Commissioner 1081-2-3-4 

Health    Commissioner 1)00 

Health  Commissioner   (collection  of  garbage)    (see  also 

Health    Dept) 379 

Health    Department 1083 

Health  Department  (see  also  "Board  of  Health.") 
Health  Department — to  collect  garbage — charter  amend- 
ment      1 99 

Health     Department    (see    also    destitute    and    diseased 

persons)     257 

Health   Department    (-see  also  garbage) 165-542 

Health  Department — to  inspect  butcher  shops 1:27 

Health    Department — officers  of 98s 

Health    Department    ("patent    medicines) 673 

Health  Department  (public  baths) 841-45   16 

Hearths — how    built    and    supported L864 

Hearths  in   front  of  bake  ovens 

Hearths  in  front  of  ranges |  869  \ 

Heating  pipes  for  water  and  steam 1  869 

Heating  plant  exhaust  connected  with  sewer 

Height  of  buildings  and  walls — how  measured L783 

'  t  of  fireproof  building  ti           late  construction.. ..  L917 

Height  of  stories-  increase  in  walls 

Herds— examination    of err 

green 

Highways  — excavations    in i 

Highways— gongs  not  to  be  rung  for  advertising :.'i 

Highways — obstruct                 ilty    for h 

Hitching    posts 

and  Bhafts  of  freight  elevators L945 

Hollow  brick  and  tile  partitions is  1 1 

v  brick  or  tile  in  wall 


Sec.  Xo. 

Hollow    walls — anchoring 1841 

Honey — sale    of 656 

Home  &  Danz — levee — use  of  for  frame  buildings 1424 

Home  &  Danz  Co. — Private  ordinances 160) 

Horse  car  ordinance  see  "City  Railway." 

Horse  car — first  ordinance   (No.  57) 2176A 

Horse  car— 2nd  ordinance  (No.  268) 2176B 

Horses — hitching   to    tree 1076-78 

Horses — how  released  from   pounds ITS 

Horses — not  to  be  kept  in   tenements 189 

Horses — not  to  be  stored  in  tenements 515 

Horses — not  to   obstruct 1028 

Horses — pound    limits 145-176 

Horseless  carriage — have  lamps  at  night :il 

Horseless   carriage — speed   of 30 

Hospitals    54:; 

Hospital — public — to    be    fireproof 1915 

Hotel    fire   escapes 1910 

Hotel — floor    load 1820 

Hotel — number   of  stairs 1900 

Hotel    runners 551 

Hotel — what    comprises 1781 

House  sewers  of  earthenware  and  iron  pipe 2020 

Houses — of   ill    fame 259 

Houses — disorderly     259 

House    drain    permit,   etc 926 

House  drain  and  sewer — definition  of 2016 

House  drain   and   sewer ■ 2020 

House  mover's  license  and  bond L895 

House     numbers 558 

Hyde    St.    spur    track — Chicago.     St.     Paul,     Minneapolis 

&  Omaha   Ry.   Co 2519 

I. 

Ice     531-562-63-65 

Ice  house — Milton   Dairy   Co 1533 

Ice  houses — location — consent  of  property  owners L891 

Ice     houses — permit ,    1892 

Ice — on-  bridges 86-87 

and,  salt  on  tracks  over  bridges  (City  Railway)...  2296 

sidewalk    1029 

111    fame — houses    of 259 

Immoral     conduct 687 

Improvements — in    street 4 

Impounding — pound    limits 145-176 

impure  water  from  wells  and  cisterns 533 


1203 

Sec.  No. 

mc<  trrigibles     61U 

Indecent    booKS 6S7" 

Indecent     dress 687 

Indecent    exposure 687 

Indian  Mound  Park  Line— City  Railway 3299 

Injury — liability    for — in    conduits. 303 

Inspection — of  butcher  shops  before  granting  license..  ..  L21 

Inspection — of  butcher  shops  by  health  department LZ"! 

Inspection  of  cattle,  milk,  etc 

Inspection   of  milk 673 

Inspection — prescription  and  orders  for  sale  of  carbolic 

acid    136 

Inspector — of    bread 80 

Inspector — dog — expenses     278 

Inspector— dog — license    269 

Inspector   (electrical)   of  the  city 330 

Inspector  of  licenses 613 

Inspectors — right    of 681 

Inspector,    sewer L049 

Inspectors — street 798 

Inspectors,    .street 

Inspector    of    streets L026 

ctor — Street    L049 

Institution — public   to    be    fireproof L915 

Instruments,    weighing 

Intelligence    offices 

Interference  with  meter- 604 

Interference  with  poles,  wires,  etc 805 

nents    is  i 

or  wood  finish  in  fireproof  buildings 1917 

irban  car  line — to  run  on  Broadway  (City  Railway)  2314 

[nterurban  line  on   Broadwa)   loop  (City  Railway) 

fnterurban  line    (City   Railway) 

Intoxicants    -Drinking    of 694 

Intoxicated   person    (market) 654 

rating    1  i<)  n-  >r~ 

s  |'l 

m    

I  reland,  John     and  

Iron  and  s<  on  to  bi  1920 

lr. in     casl     quality  and  >i 

Iron  post  and  clock,  1 1  Easl  7th  rtreel 

Iron  work     structural  framing  and  co  

ivroughl  

I  and   heighl  


KM>  I 


Sec.  No. 

Issue   transfers — Rice    St.    and    University    Ave.     (City 

Railway)     2354 

Issuing  of  transfers — Como  Interurban  Line  (City  Rail- 
way)       2394 

J. 

Jackson  St.  car  line  (City  Railway) 2294 

Jackson  and  Sixth  St.  Minnesota  Building  steam  boilers  1599 

Jackson  St.  line  additional  double  track  (City  Railway) .  .  2365 

Jail  to  be  a  fireproof  building 2017 

Jailers — additional     811 

Janitor — Central  police  station -  809 

Janitors,  school — may  be  policemen 913 

Joesting   &   Schilling,   Manufacturing .  1427 

Joists  and  beams  not  to  be  cut  for  gas  and  steam  pipes 

(exceptions)     1871 

Joists  and  beams  .supported  on  ledges 1834 

Joists  in  existing  walls  and  partitions  to  be  anchored.  .  . .  1837 

Joists  of  floors,  one  inch  from  chimney 1858 

Joist    hangers 1858 

Joists   of   columns — how   secured 1922 

Joint  committee  on  markets 629 

Joint  committee  on   printing. 831-32 

Joints  of  oakum  and  lead  in  plumbing 2017 

Judge  of  Municipal  court 619 

Judge  of  Municipal  court 1044 

K. 

"Keep  off  the  grass"  signs .- .  .  705 

Keeper  of  city   prison 806-7 

Keeping — of   captured    dogs 272 

Keokuk  Northern  Line  Packet  Co.  &  Diamond  Jo  Line 

of    Packets — levee 1263-70 

Chas.   Klosterman,    frame   building 1437 

Knees  or  angles  connecting  structural  work 1930 

Kohlman  &  Co.   (John  Christianson)   Buildings 1438 

Killing — of  captured   dogs 273 

Killing  of  vicious    dogs 284 

Kingsland    Smith    flour    manufactory 1611 

Kitchen — A.  J.   Cameron  &  Co 1229 

Kite    flying 726 

Kittson's  Addition — board  fence — lots  5  and  6  block  49..  1771 

L. 

Laborers — of  city  contractor  to  be  paid 237-240 

Ladders  from  basement  boiler  rooms 1901 


1205 

Sec.  No. 

Ladder  of  iron  in  smoke  stack 1862 

Lafayette  line  extension   (City  Railway) 2302 

Ladders  to  scuttles 1907 

Lafayette  line— on  Sibley  St.  loop   (City  Railway) 2320 

Lake  Como — unlawful  to  cut  ice 563 

,L,amb— unwholesome     523 

Lamp  posts — advertising  on 71-7  i  75 

Lamps — at    crossing 867 

Lamps   and   lamp   posts 599 

Lamp    posts '■  < '■ 

Lamp   posts   and   lamps 599 

Lamps   on  vehicles — number,  etc 401 

Land — to  be  vacated — Farwell,  Ozmun,  Kirk  &  Co L361 

i_angford  Ave.  line — City  Railway 

Lard — sale     of 656 

Lawns — forbidden    to    cross L02 

Lawns — street    lawns 101 

Laws  of  Minnesota — special   855 

Leaders — inside — construction,    etc 20 1 9 

Leaders — metallic   rain    water 1888 

Leasing  of  Armory L2 

Ledges  to  support  joists  or  beams I v 3  I 

Lee    &    Hoff — manufactory 1441 

Lefebvrc    &    Deslauriers    manufactory I  163 

Legal   excavation— depth  of I  B25 

Lefebvre  &  Deslauriers — transfer  of  rights 

Length    of   buildings 1784 

Lessee — take  out  permit  for  excavation i 

Letting  male  to   female  animal 688 

boiler     manufacturer L256 

■controversy  Chicago,  Milwaukee  &  St.   Paul   K'\ 

Co 2459  2472  2489  2492 

nd  Jo  Line  Steamers. L27] 

-erection   of  frame   buildings ir.'i 

fencing,    etc 1248 

Levee — grading  and  use  of  by    Km.  Mfr.  i  <> L150 

improvement     of 

'  <  < .kuk     Northern   Lin.-    r  

Lcvcc  to  and  from 

I            J.   A.   Posey 1719 

Levee  and  ids) . 

Levee — St.  Croix  Lumber  Co [621 

Levee     St.  Paul  Hoop  Manufactui                1652 

i  til  Showc  

i  -St.  Caul  White  Lead  and  Oil  Co 


1206 

Sec.  No. 
Levee — Spur  track  Chicago,   Milwaukee  &  St.   Paul    Ry. 

Co 2487 

Levee — side  tracks  Chicago,  Milwaukee  &  St.   Paul   Ry. 

Co 2497 

Levee— 6th    ward L476 

Levee — 6th  ward   dumping 1600 

Levee — 6th    ward    flour    manufactory 1611 

Levee — 6th    ward    manufactory 1556 

Levee — 6th   ward  manufactory 1463 

Levee — 6th   ward   manufactory 1482-98 

Levee — 6th    ward    manufactory 1447 

Levee — use   of — American   Can    Co 1101 

Levee — use  of  by  American  Hoist  &  Derrick  Co 1127 

Levee — use  of  Buck  Eye  Foundry 1201 

Levee — use  of  Geo.  W.   Cahoon 1219 

Levee — use  of — Chicago,   Great  Western   Railroad    (rail- 
roads)       2429 

Levee — use  of  Crescent  Creamery  Co 1243 

Levee — use  of  by  Diamond  Jo  Line  Steamers 1271 

Levee — use  of  by  Diamond  Jo  Line 1296 

Levee — 4th  and  5th   wards — use  of — Fifth  Ward  Trans- 
fer    Co 2535  to  2584  inc. 

Levee — use    of — David    Gaslin 1383 

Levee — use  of — M.  A.   Gedney  Pickling  Co 1391 

Levee— use  of  by  St.  Louis  &  St.  Paul  Packet  Co 1303 

Levee — Vacation   of    St.    Paul    Union    Depot    Co.    (Rail- 
roads)       2732 

Levee — Valley    Iron    Works 1709 

Levee — Vulcan   Boiler  Works 1728 

Levee — Waterous  Engine  Works  Co 1753 

Levees — public     606 

Lewd    conduct 262 

Licenses     610 

License — amount  for  butcher  shop 108 

License — application    for    butchers 125 

License — auctioneer  to  apply  to  Common  Council     ....  16 

License — for  auctioneers  to  be  issued  by  City  Clerk....  18 

License — for    auctioneer 19 

License — auctioneers — must    have. . .' 15 

License — butchers   .selling   at   retail 110 

License — Butcher    shops — how   granted 129 

Licenses  for  cars   (provided  separately  in  various   ordi- 
nances relating  to  street  car  lines). 

License — for    commission    business 121 

License — concealed     weapons 231-233 

License — for    dogs 262 


1207 

Sec.  No. 

License  for  driving  hacks,  drays,  etc 393 

License  for  employment  office 592-593 

License  for  garbage  collection  (see  also  health  dept.).  . .  .  382-383 

License  for  hospitals 543 

License  for  hotel  runners  to  wear  a  badge 554 

License  for  house  movers  by  Com.  of  P.  W 1850 

License  for  house  movers  by  mayor 1  B95 

License   inspector.  .  .  .- 74d 

License   inspector — duty   regarding    R.     R.     brokerage — 

Empl.  off.,  etc 595 

License  for  pigeon  hole  tables 781 

License — Roller  skating  rink 885 

License   for  sale   of  fruits,   farm  produce,  vegetables   in 

R.   R.   car 352 

License  for  sale  of  gunpowder — guncotton 388 

License    (application)    liquor 567 

■  License  fee  (for  lunch  wagons) 623 

License  for  sale  of  milk 678 

License — for  pawnbrokers  and  second  hand  dealers 743 

License — peddlers     ;  60  i 

License — permit   fee <n  ;  B-9  928 

L'cense — Posting  for  butcher  shops 108 

License  for  R.  R.  ticket  brokers 

License — for    sale    of    poultry — game — fruit — vegetables 

and  farm  produce  in  cars  or  depot 121-2 

Licenses  (scavenger),  duties  of nil 

License — Scavengers,   etc 898-9-901  2 

License — to  sell  meats  on  street ill 

License  for  shows,  caravans,  concerts,  circuses L065 

License — shooting  galleries,  price  of 976 

License  tags  f<  tr  bicycles 6 i 

License  for  theatre [958  \ 

License— Trading  stamps 1068  B  L070 

License     transfer   of  butcher's 11:2 

Liability — for  injuries  in  conduits ;i03 

Library    Public 

Lighting    theatres 2006 

Lights — at  excavations 7 

Lights     red    

Lime    1800 

Lime    on  bridges  throw  back 

Lim<                              g 

Limit  of  time  for  sewer  connections 

Lines  ■  .n  Broadway  loop  Cit}  

Linings  for  chimney  flui 

Lining  existing  walk 


1208 

Sec.  No. 

Lintels  and  arches 1840 

Lintels — rests  for  ends  of 1928 

Liquors — Intoxicating    848 

Liquors — Prohibit — in    market 652 

Livery  stable  keeper 500-502 

Livery    stables 1891 

Loads  of  buildings 1820 

Loaf — weight    of 79 

Locomobiles — have  lamps  at  night 31 

Locomobile — speed    of 30 

Lodging  house  fire  escapes 1910 

Lodging  house — floor  loads 1820 

Lodging  house — number  of  stair 1900 

Lodging  house— prohibited  in  theatre  building 1968 

Lodging  and  tenement  house  sinks 2026 

Loitering  after  midnight 693 

Loitering    (Minors) 615 

"Look  out  for  Danger"  Signs 800 

Loop— Sth  St.  City  Railway 2284 

Loop — Broadway — Authorized  City  Railway 2312 

Loop — Broadway — cans  to  run  on — City  Rwy 2314 

Lot — Building   on 1200 

Lots — Frederick  B.  Cady,  et  al 1218 

Lounging   (Market) 653 

Low  Potential  system — general  rules 2062 

Low  Potential  system — special  rules 2063 

Low  Potential  system,  380  volts  or  less 2061 

Lower  town  streets — use  of — Northern  Pacific  R.  R.  Co. 

(Resolution)    2709 

Lumber — quality  of 1804 

Lumber    yards 620 

Lumpy  Jaw — Cattle  with 527 

Lunch — Wagons    622 

Lurking 685 

Lying  in  wait 693 

M. 

Macadamized  Streets 1004 

Machinery  or  apparatus  for  electricity 2035 

Machine  shop — automatic — for  elevators 1944 

Maintenance  of  lamp  posts,  etc 868 

Maintenance  of  poles  and  wires,  Chicago,  Burlington  & 

Northern  Ry.  Co    (Railroads) 2425 

Maintenance   of  railway   tracks— Chicago    Grt.   Western 

Ry.  Co.  (Railroads) 2438 


1209 

Sec.  No. 
Maintenance   of   Ry.    track— Chicago    Grt.    Western    Ry. 

Co.   (Railroads)    2441-4-7 

Maintenance  of  -street  lawns  and  boulevards 101 

Maintenance  of  spur  track — Chicago   Grt.   Western   Ry. 

Co ••  -1'"' 

Maintenance  of  tracks— St.  Paul  Union  Depot  Co.  (Rail- 
roads)      2723 

Mallein    541 

Managers  of  institutions  to  report 476 

Manhattan    Co.    tunnel 1499 

Manholes  in  sidewalks — how  protected |v»:' 

Manvel  Ave.  spur  track :  •  •  •  17.49 

Margaret  St.   Police   Station 811 

Maron,  F.  A.  tunnel 1513  to  27 

Manufacture  of  Boilers,  Thos.  Davis L256 

Manufactory — floor  loads 1820 

Manufactory — Frank  H.  Joesting  &  Christian  Schilling.  .  1427 

Manufactory— Lee  &  Hoff '  <  >~ 

Manufactory— Lefebvre    &    Deslauriers L463 

Manufactory — McGregor    &   McTeague 1476 

Manufactory— Jas.  M.  McHose L482-98 

Manufactory — Wm.  Rhodes  &  Geo.  H.  Ranney 

Manufacturing  Co.  St.  Paul  Roof  &  Cornice  Co 

Manufacturing  plant  of  St.  Paul  City  Ry.  (Compromise)  2410 

Manufactured  goods — sale  of  forbidden 

Manure,    etc 5  I  3   M 

Manure — in  tenement  houses  (see  also  health  dcpt.).... 

Maps  prepared  by  City  Engineer  (house  numbers) 559 

Maria  Ave.  line  (City  Railway) 

Maria   Ave.  line  extension   (City   Railway) 

Maria  Ave.  line — tn  run  down  7th  St.  (City  Railway).... 

Mark — of  1< iaf  of  bread '■'' 

Market  Master — how  chosen — bond — duty  of 63  i 

Markets    626 

Market  Master  to  be  city  sealer LO06A 

Market  master  to  lie  bread  inspect  ir S|> 

Market  halls— (renting  of) 

Marshall  Ave    bridge 97 

Martin,  John  Lumber  Co. — streets — use  of 

Maryland  <v  Pdgerton  St-,  electri               nd  wires 1240 

Masonry  work     safe  bearing  load L809 

Masonry— Rubble    how    bonded 1834 

•iry      to    back    metallic    fronts 1936 



Material — Amount  in  piers  and  buttre    i    1828 


1210 

Sec.  No. 

Materials   for  building   (Park) 701 

Materials— quality    of 1798-1808 

.\tayor    749 

Mayor    802-4-9-11-12-26 

Mayor — (blasting,  etc.) 1009 

Mayor — may  revoke  concealed  weapon  license 230 

Mayor — license  for  shows 1065 

Mayor — (Reporters'   Badges) 876 

Mayor — School  janitors 913 

McCormick  Harvesting  Machine  Co.  spur  tracks 1471 

McDaniel,  J.  A.,  Buck  Eye  Foundry  levee 1201 

McGregor  &  McTeague — manufactory  1476 

McHose,  Jas.   W.,  manufactory 1482-98 

Measures — weights   646 

Measures — Weights,  see,   also,   Markets,   see,   also,    Coal 

and    Hay 1096A 

Measurement  of  depth  of  excavations 1825 

Meat    663 

Meat  (see  also  licenses  and  butcher  shops) 107 

Meats — to  be  sold  in  licensed  place 120 

Meats — not  to  be  peddled 120 

Meats— inspection    of 521 

Meat    packer 500-502 

Meat — sale  of  on  streets 114 

Members  of  Council  to  have  badges 250 

Mendicancy   619 

Merchandise  on  sidewalk 1022 

Merriam  Park — cable   extension 2226 

Merriam  Park  line — Car  service  (City  Railway) 2373 

Metallic  chimneys  1860 

Metal  cornices   245 

Metal  covered  buildings — definition   1796 

Metal  foundations  protected  from  rust 1826 

Metal  fronts   1936 

Medicine — sample  patent    670 

Metallic  anchors    1834 

Metallic  structural  work — painting   1937 

Meters — gas    604 

Midway  Electric  Light  Co 1772 

Midway  Electric  Light  Co.  poles  and  wires 1528 

Midwife — must    register    487 

Minneapolis,   St.   Paul   &  Sault  Ste.   Marie  Ry.   Co..   con- 
struction of  track  line   (Railroads) 2585 

Minneapolis,  St.  Paul  &  Sault  Ste.  Marie  Ry.  Co.,  fran- 
chise    ('phone)     2826 


1211 

Sec.  No 
Minneapolis    &    St.    Paul    Suburban    Ry.    Co.,    Stillwater 

line — Rights  for  Hazel  Ave.  trestle  bridge 2358 

Minneapolis  &  St.  Paul  Suburban  Railway  Co. — Rights 

for  Hazel  Park  trestle  bridge,  Stillwater  line 

Minnesota  Canning  Co.  private  ordinances 1157 

Minnesota   Central  Telephone    Company    franchise 2803 

Minnesota    &    Northwestern    Railroad    Co.,    .Sixth    ward 

levee    (Railroads) 2624-2658  inc. 

Minnesota — State   of  tunnel 1617 

Minnesota,  St.  Croix  &  Wisconsin  R.  R.  Co. — Third  St. 

single    track    (Railroads) :;  16-49 

Minnesota,   St.    Croix  &   Wisconsin    R.    R.    Co. — Use    of 

streets    (Railroads) 2659 

Minnesota  St.  steam  pipe L305 

Minnesota  St. — Occupation  of  Chicago,  St.  Paul,  Minne- 
apolis  &  Omaha  Ry.   Co 2516 

M  innesota  St.  steam  pipe l :.';;  I 

Minnesota      Transfer     Co.— Cleveland     Ave.     side     track 

(  Railroad-  )     366  I  2668 

Minnesota    Transfer    Ry.     Co. — Prior     Ave.     spur     track 

(Railroads)     2680 

Minnesota   Transfer    Co.— Myrtle    Ave.    spur   track    (  Rail- 
roads)       261  i    2671 

Minnesota  Transfer  Co. — Wabash    \ve.  spur  track  (Kail 

roads)     2669,  261  l 

Minnesota   Valley   Ry.    Co.— St.    Paul    Union    Depot    Co. 

(Railroad's)     

Minnesota  Valley  Railway  Company — use  of  levee 

Minor--   Forbidden  about  saloon  premises 584  B5 

Minor-,  (dances)    -.mi 

Mi ip  >rs—  Loitering     (,i .-, 

Minor-     (Pawnbrokers,  etc.)   

Military,    forget      

Milk   -Inspection  of  

Milk    Inspection    [573 

Milwaukee  &   3l    P        R      Co     Streets  and  levee     w-r  ..\  3613 

Milton.  Thos.     Barn  and  1:,:;  1 

Milton  Dairy  ('".  ice-house   1939 

meanors  >;- 

Misdemeanor    c,  1 1 

Misdemeanor    1072 

M  isdemeanor    m  1  •, 

Misdem<  anor    betting,  etc    B69   r0-3    I 

Misdemeanors-fast  driving  m>:-, 

meanor  t>>  work  after  revocation  ■■!  permit    


1212 

Sec.  No. 

Misdemeanor — Ride  on  outside  of  street  car 1047 

Misdemeanor — Wood  yards    1095 

-sippi  St.  line  on  Sibley  St.  loop,  City  Ry 2320 

Missiles — throwing  from  bridge 98 

Mississippi  Valley  Telephone  Co.  (see,  also,  "Twin  City'' 

and    "Tri-State"    franchise) 2889-28-83 

Mixing — mortar  on  streets 6 

Mortar — cement — in  isolated  piers  and  joints 1828 

Mortar — how  to  be  made 1S00 

Mortar — kinds  for  backing  stone  ashlar 1830 

Mortar — mixing  on  streets 6 

Motion — getting  off  or  on  cars  when  in  motion — unlawful  S73 

Municipal   Court    801 

Municipal  Court — Judge  of  1044 

Municipal  Court — Judge  619 

Museums — Dime    614 

Music — in  parks 707 

Mutilation — of  bridges  forbidden. 93 

Mutual  Union  Telegraph  Co.  franchise 2817 

Muzzling — of  dogs    " 268 

Myrtle  Ave.  spur  track — Minnesota  Transfer   Co.    (Rail- 
roads)       2671,  2677 

N. 

Naphtha    771 

National  German-American  Bank  Building  porch 1535 

National    Guard — quarters   for 9 

National    Subway   Co. — electrical    subways 1536 

Neighbors — disturbing  of  260 

Nels  J.  Ness — spur  track 1548 

New  Route — Hamline  line   (City  Railway) 2334 

New  Route  line  (City  Railway) 2342 

Night  soil,  etc 516 

Night    soil — garbage — rags — cattle — in    tenement    houses 

(see.-  also,    "Health   Dept.") 376 

Night  soil  scavengers   (see,  also,  "Health  Dept.") 897-911  inc. 

Nipples — soldering — kind    and    .size 2017 

"No    Admittance"    signs • 713 

Noise 686 

North  St.  Paul  Railroad  Co.   franchise 2267 

North  American  Telegraph  Co.  franchises 2831 

Northern  Linseed   Oil   Co.   spur  track 1550 

Northern   Pacific   R.    R.    Co. — use  of  levee  town   streets 

(resolution)     2709 

Northern   Pacific   R.    R.    Co.— use   of   streets,   etc.    (Rail- 
roads)        2694 


1213 

Sec.  No. 

Northwestern   Telephone    Exchange    Co.    franchise 2848 

Northwestern  Telephone  Exchange  Co.  rights  on  streets  309 

Notice  of  appeal .        1782 

Notice  to  protect  wall 1825 

Notice  of  revocation  of  permit 1781 

Noyes  Bros.  &  Cutler  frame  shed L554 

Nudity     687 

Nuisances    495-505-7-34-35-36-37 

Nuisances — conduits     303 

Nuisance — of  dense  smoke 982 

Nuisance — defective  cornices    245 

O. 

Oakum — picked — and  lead  caulked  joints 2017 

Obedience  of  health  department  laws 539 

Obstruction — on  bridge    95 

Obstructing — of  impounding  animals 182 

Obstructions  not  permitted  in  .street  sidewalks 1886 

Obstruction  in  sewer  (see,  also,  "Streets") 935 

Obstruction  of  street  with  cars,  etc 869 

Obstructions — on  streets    ft 

Obstructions — on  .sidewalks,  etc mil 

Occupant  to  estimate  strength  of  floors  and  post  estimate  L822 
Occupation  of  Minnesota  street — Chicago,  St.  Paul,  Min- 
neapolis  &  Omaha    Ry.    Co 2516 

Offal,  etc :.  l :;  I  I 

Offal — bones,  etc.,  disposal  of 

Offal,  garbage,  etc 932 

Offal— tubs  [or  offal   645-48 

Office  buildings — carrying  capacity  of  columns L820 

Office  building--  -floor  loads   L820 

Office  buildings     pressure  under  foundations L826A 

buildings     shall  comprise  what 

employment   592 



Oil    maker    501 

( Imnibus    

Mgs  for  door-  and  windows     arches  and  1840 

Opening   of   street 

Open   work  in  dry   p  

how  to  be  buill 1956 

Operation  I  Milwauki 

St.    Paul    Rv     '  

'ion    of   railway    trfl  St. 

I  erminal  and  Trans  ■  

Option  of  methods  of  operation  ''way 


1214 


Sec.  No. 

Order  to  show  cause   1.781 

Ordinances — accepted  by  grantees  of  rights  on  streets..  306 

Ordinances — corporation  attorney  to  draft 201 

Ordinance — date  of  effect 2140 

Ordinance — penalty   for  violation    2140 

Ordinances — see,  also,  "Private  Ordinances." 

Ordinances — repealing    act    2138 

Oriel  windows 1880 

Ornamental  trees    1074 

Outhouses — privies  and  cesspools  837 

Outlets  of  fixtures,  how  protected 2023 

Ovens  for  baking — foundations — distance  from  wood...  1879 

Overflow  and  drip  pipes   2023 

Overhead  wires  remove  from  St.  Anthony  Ave 2894 

Overheated  cattle  must  be  reported 528 

Owl  cars — provision  for  City  Railway 2355 

Owner  or  agent  to  correct  illegal  construction 1781 

Owner — take  out  permit  for  excavations 4 

P. 

Packing — Animals   510 

Packing  houses    977 

Paint  on   metal   foundations 1826 

Painting  stage  scenery  fireproof 1979 

Painting  structural  metal  work 1937 

Park — Animals  in   699 

Park  Board — Charter  amendment — for  additional  funds.  .  197 

Park — Construed 730 

Park  Board — Jurisdiction  of — play  ground 824 

Park  Commissioners,  Board  of 700-3-5-7-14-15-16-17-19-22 

Parks    697  to  734 

Parade  and  drills    703 

Partitions  of  brick  and  hollow  tile 1844 

Partitions  of  fireproof  buildings 1917 

Partitions    of    stud 1858 

Partitions   of  water-closet   apartments 2026 

Part  of  levee  railway  track 1678 

Party  walls — beams,  how  separated  1S58 

Party  walls  existing 1835 

Patent  medicine — sample   670 

Paths — bicycle    42-68 

Paths — bicycle — control   of    67 

Paths— bicycle — control   of    68 

Paths — bicycle — width  of   60 

Patrol — fire     SS6-8 

Patrolmen — telegraph    302 


1215 

Sec.  No. 

Patrol   telegraph — police    819-20 

Patrick  D.  Scannell  and  Jacob  H.  Bohrer — dumping,  etc.  L600 

Fatrol  wagon  drivers — additional    Sll 

Pavement — asphalt    •  ;_i 

Paving    741 

Paving 924 

Paving — in    car   tracks,   see    "City    Railway,"    under    sub- 
head, '"Paving." 

Pawnshops     

Pay  of  Commissioners  considering  appeal 1782 

Peddler — who    is — defined    L18 

Peddlers    760 

Peddling — meats  on  streets L18 

Penalty  for  failure  to  correct  illegal  construction 1781 

Penalty  tor  violation  of  ordinance 2139 

Permission  to  build  Como  Harriet  line  (City  Railway)..  2331 

Permission  to  string  wires-  streets,  etc.  (City  Railway).  2341 
Permit    for  alteration    in    wiring   granted   by    electrical    in 

spector 334 

Permit  for  blasting  and  quarrying 1009 

Permit— Board  of  Public  Works  to  revoke 1781 

Permit — conditii  ins   for  granting L780 

Permit  for  conveyance  of  person  with  contagious  disease  17] 

I V rm it  -for  excavation  i 

Permit  to  expire  after  i  me  year L780 

Permit  fee  for  street  excavation 998 

Permit — line  for  working  after  revocation  of 178] 

Permit  for  funeral  obsequies     case  of  contagi  m 178 

Permit  and  inspect!  »n  pf  wiring 

permit    for    minor    repairs L780 

Permits — no  work  to  be  done  withoul L779 

Permit     to   open    street 

permit  for  plumbing  20]  i 

Permit     publii  B89 

Permit  for  slaughtering  animals .  . 

candle  fi                        978 

Permit  ■  lling  gunpow  der,  etc 

Pern 

Perm  ■  from  order  rcfusin 

Permit  for  tann< 

Permit 

Pi  rmi  .  id  yards  .... 

nd  destitute 
ed  in  betl  it 


1216 


Sec.  No. 

Petroleum — crude   771 

Phalen  Park— car  facilities  (City  Railway) 2351 

Phalen  Park  Line  City  Railway  (Compromise) 2400 

Phalen  Park  Line  extension  (City  Railway) 2366 

Phalen  Park  Line  extension  to  lake  (City  Railway)....  2302 

Pharo  banks,  prohibition  of 354 

Phosphorus — amount   in    cast   steel 1807 

Physician    465 

Physician — must  register   487 

Physician — unlawful  acts  of 138 

Pickerel  Lake  (ice)    565 

Pickles,  etc.,  manufacturing,  levee 1391 

Picnics — permits    for     714 

Pictures    587 

Piers — amount  of  material 1828 

Piers — how    faced    and   bonded 1834 

Piers  instead  of  increased  thickness  of  bearing  walls....  1832 

Piers— isolated    1828 

Piers  and  walls — how  bonded — thickness 1828 

Pigeon-hole  tables    781 

Pig — unwholesome    523 

Piles — concrete — construction— sustaining     power — size*  1826 

Piles — initial   1826 

Piles— tops  below   low-water   mark 1826 

Piling  of  stone,  brick  or  lime  on  street. 6 

Pine  St.  steam  pipe  (Armour  &  Co.) 1178 

Piers  for  steel  and  iron  trusses 1935 

Pipes — parks     717 

Pipes  of  brass   2017 

Pipes  of  cast-iron — quality   2017 

Pipes  of  earthenware  for  house  sewers 2020 

Pipe    fittings — quality  'of 2017 

Pipes  for  gas  and  steam 1871 

Pipes  for  heating  with  water  and  steam 1869 

Pipes   for   hot   air 1868 

Pipes  of  lead  .■ 2017 

Pipes  of  metal  for  smoke 1861 

Pipes  for  sewer  vent 2018 

Pipes  for  theater  heating  to  be  cased 2001 

Pipes  for  vent 2022A 

Pipes  for  waste  and  soil 2017 

Placard — tuberculosis    cases 1084 

Placards — on    bridges 70 

Place  for  mark  and  number — scavengers 910 

Plans  and  specifications 1781 


121*3 

Sec.  No. 

Plans  to  be  furnished  and  filed  if  required L780 

Plaster  to  be  cleaned  off  wall  before  lining 1836 

Platform  720 

Plaform— Foley  Bros.  &  Kelly  Mercantile  Co L31  I 

Platform — may  be   temporary    1874 

Platform — must  conform  with  code   L778 

Plates  between  joints  of  open  back  column- 192  I 

Play  grounds    i 

"Playground-    acci  Hint"    825 

Playgrounds  Committee  826 

Playing   ball    1 26 

Plays     687 

Plumbing — how  executed  2012 

Plumbing    inspector    certificate 2029 

Plumbing  inspector  to  inspect  gas  pipes 

Plumbers'   license    2013 

Plumbing  materials  and   workmanship 2017 

Plumbing— testing    2029 

"Plumbing  Repairs.''  meaning  of  term 801  5 

Poles   ?83 

PoleSj   see,  also,  "Electric   Wives." 

Poles — advertising  on   

Poles— Electric  Lighting  Co 605 

Patrol   Telegraph 821 

Poles — removal  of   from  St,    Vnthony    We 

and  «  ires  in  alleys 29  i 

I          and  Win                          ilumbia  Electric  Co L240 

Poles  arid  Wires  East  Side  Electric  Co L306 

and  Wire-  Eureka  Improvement  Co L342 

1  and  Win  &    Power     Bn  oks  B 

!'  :m<l    Wire-   maintenance   of   (Railroads)    Chii 

Burlington  &   Northern   Ry.  Co 2425 

and  Wires     Midway  Electric  Light  Co 

and  Wires  on  Minnesota  Si 

P"1<--    and    Wire-    St.    Paul    Electric    Manufacturin 

Const.    Co ii.::-. 

and  Wire-  St.  Paul  G      L  1641 
I          ni'l  Wire                        Companj 

and   Wires     time  ;■>  remove 

•  I  conduil  rn  tund     City   Rail  ■•■ 

1  fnion  Mfr'g                                      169 1 

Pol*  -  and  Wires  U.  S.  Electric  Light        i  i  r08 

i  

.  Chief  of      I  >ut)   of  in  til  •  indling.  . 


1218 

Sec.  No. 

1  i  ilice — to  confiscate  weapons 226-27 

Police  Department  886 

Police  Department  (see,  also,  City  Charter  provisions) . .  794-818 
Police  Dept. — Charter  amendment  to  increase  appropri- 
ation       196 

Police  Dept.  Fund   (inspector  of  licenses) 613 

Police  Dept.  and  gambling 359-365 

Folice  Dept.,  officers  of 98S-992 

Police   Force 746 

Pi  ilice  Force  (license  inspector) 613 

Policemen — duties    of   regarding   keeping    of   ordinances 

about    vehicles 419 

Policemen — to  inspect  lamps  and  report  to  chief 601 

Police — officers  may  carry  weapons 230 

Police — Paving  without  permit 999 

Police  Patrol  Telegraph  819-20 

Police  to  protect  lamps  and  posts 603 

Policemen  in  parks    714 

Policemen — reports,  etc 796-99-800 

Police — see   "Chief  of  Police." 

Police — Seizure   of  runaway   horses 1043 

Police  Station  Central   809 

Police — to  stop  work  on  streets 7 

Police  Station — to  be  fireproof 1915 

Police — special  pound  masters   271 

Police  van  driver    S1 0 

Pool   rooms — betting — gambling :.";; 

Portland   cements   and   others 1S01 

Portland    cement    concrete   walls    1827 

Porters  and  runners'  license   4:;4 

Porches 1886 

Porch — National  German-Amer.  Bank  Building   1525 

Porch     720 

Posters — prohibited  on  bridges    93 

Posey,  J.  A. — levee    1719 

J.  A.,  and  W.  T.  Calton — levee 1728 

Potential    system,    low — special    rules 2063 

Potential    system,   low    2061 

itial  system,  high    '. 2073 

Potential   system,  low — general   rules 2062 

Potential  system — constant   ' 2057 

Pounds,   in   parks    709 

Pi  mndSj  number  of 184-6-7 

Poun  d  masters — special 271 

Pound  limits   145  to  176 


1219 

Sec.  No. 

Pound    keeper — duties    of 179 

Poultry    663 

Poultry  (see,  also,  "Butcher  Shops") 107 

Poultry — in   cars  or  depot — sale  of l'-'i 

Power  of  commissioners  on  appeal 1782 

Poultry — to  be  drawn   1 1G 

Poultry — license  to  sell 124 

Poultry — peddling  on  .streets   118 

Poultry — pound  limits   145  to   176 

Poultry — sale   of    116 

Poultry — selling  at  retail 110 

Pound — not  to  be  broken  open L81 

Precincts    312 

Preliminary   requirements    1778 

Premises  to  be  clean 980 

Premises — disinfected    (tuberculosis) 1.082 

Premises — Private 

Premises — unsanitary 

Presentation  of  plans  to  electrical  inspector   for   wiring 

building    335 

Preservation  of  boulevards   105 

Prescriptions — false    137 

Prescriptions — to  purchase  carbolic  arid    i::  1 

lent    Board    Education 913 

immon  Council v;  j 

Trior    Vvenue  Polio                   B12 

Prior   Avenue   spur   track,   Minnesota   Transfer   Ry.   Co. 

(  Railn  tads  1    

Printer,  expert   B36 

Printing  (see,  also,  Citj 

Printing— ^Joint  C<  immittee  •  .11   

1     City   

Private  apartment-     when  intoxicating  liq 

Private   drain    

te  drain                        ,  etc [93 

Private  ( Ordinances      Vbl  

1 1  !'• 

Private  Ordinances      American    Mir.   Co  [150 

Private  '  Ordinal  1 1 7s 
Private  ( Ordinal 

Private  '  Ordinani  es     H<  nry   '  1  [90 

Private  O  1  m 

Prival  e  Ordinances —  11 92 

iin  &   Molin, 

I    Ml  1 


1220 

Sec.  No. 

Private  Ordinances — Cabot  &  Cushing   1210 

Private  Ordinances — Frederick  B.    Cady  et  al 1218 

Private  Ordinances — Geo.    W.    Calioon     1219 

Private  Ordinances — A.  J.  Cameron  &  Co 1229 

Private  Ordinances— A.  Cathcart   1230 

Private  Ordinances — Central  Warehousing  Co 1231 

Private  Ordinances — C.  L.  Christiansen  1233 

Private  Ordinances — Greenleaf  Clark   1234 

Private  Ordinances — Columbia  Electric  Co 1240 

Private  Ordinances — Crescent   Creamery   Co 1243 

Private  Ordinances — John  J.  Danner    1245 

Private  Ordinances — Thos.  Davis  1206 

Private  Ordinances — Diamond  Jo  Line  Steamers 1271 

Private  Ordinances — Diamond    Jo    Line    1296 

Private   Ordinances — C.  E.  Dickerman   1305 

Private  Ordinances — East  Side  Electric  Co 1306 

Private  Ordinances — Economy  Steam  Heat  Co 1312 

Private  Ordinances — Edison  Electric  Light  &  Power  Co.  1320 

Private  Ordinances — E.  &  H.  Endicott 1334 

Private  Ordinances — Eureka  Improvement   Co 1342 

Private  Ordinances — Foley  Bros.  &  Kelly  Mercantile  Co.  1374 

Private  Ordinances— Thos.  Fitzpatrick,  J.  C.  Prendergast  1366 

Private  Ordinances — Farwell,  Ozmun,  Kirk  &  Co 1361 

Private  Ordinances — David  Gaslin  1383 

Private  Ordinances — Griggs,  Cooper  &  Co 1412 

Private  Ordinances — Great  Northern   Ry.  Co 1406 

Private   Ordinances — M.  A.   Gedney  Pickling  Co 1391 

Private  Ordinances — W.  B.  Hastings   1415 

Private  Ordinances — Haas  &  Anderson  1414 

Private  Ordinances — Home  &  Danz  Co 1424 

Private  Ordinances — Joesting  &  Schilling 1427 

Private  Ordinances — John  Martin  Lumber  Co 1436 

Private  Ordinances — Keokuk  Northern  Line  Packet  Co.  1263 

Private  Ordinances — Chas.  Klosterman    1437 

Private  Ordinances — Kohlman   &  Co 1438 

Private  Ordinances — Lee   &   Hofif    1447 

Private  Ordinances — Lefebvre  &  Deslauriers   1463 

Private  Ordinances — Lefebvre     &     Deslauriers     transfer 

rights  to  St.  Paul  Roofing  &  Cornice  Works 1659 

Private  Ordinances — Minnesota  Canning  Co 1157 

Private  Ordinances — Midwa3r   Electric  Light  Co 152S 

Private  Ordinances- — Milton   Dairy  Co 1  533 

Private  Ordinances — Thos.  Milton  1534 

Private   Ordinances— Jas.   W.   McHose 1482-98 

Private  Ordinances — McGregor  &  McTeague 1476 


L221 

Sec.   X>>. 

Private   Ordinances — McCormick    Harvesting    Mach     Co.  1471 

Private   Ordinances — F.  A.   Man  n 1513  to  27  inc. 

Private  Ordinances — Manhattan  Co l  199 

Private  Ordinances — Nat.  German  Amer.  Bank  Bldg....  1535 

Private  Ordinances — National   Subway   Co 1536 

rrivate  Ordinances — Nels    J.    Nes-s L548 

Private  Ordinances — Northern  Linseed  <  >il  Ci  • i  550 

Private  Ordinances — Noyes    Bros.    &   Cutler L554 

Private  Ordinances — J.  A.  Posey   L719 

Private  Ordinauces — Win.  Rhodes  and  Geo.  II.  Ranney..  L556 

t  rivate   Ordinances — J.   C    Richardson 

Private  Ordinances — Scandinavian    American    Bank    ....  L599 

Private  Ordinances — Patrick   Scannel  and   Jacob    Bohrer  L600 

Private  Ordinances — Scheffer  &  White L605 

Private  Ordinances — Schmidt    Brewing   C> L606 

Private  Ordinances — Thus.  B.  Scott  L609 

Private  Ordinances — Scribner  Libbey  Co L608 

Private  Ordinances — Shields    Sorghum   Co L610 

Private  Ordinances — Kingsland  Smith   1611 

Private   Ordinances — St.   Croix   Lumber   Co L621 

Private   Ordinances— St.  Louis  &  St.  Paul   Packet  Co L303 

Private  Ordinances  -St.  Paul  Electric  Mfg.  &  Const.  Co.  1633 

Private   Ordinances — St.   Paul   Gas  Light   Co Hill 

Private  Ordinances — St.  Pan:  1561 

Private  Ordinances — St.  Paul   Hoop  Mfg.  Co L652 

Private  Ordinances     St.   Paul   Lime  &   Cemenl   Co L658 

Private  Ordinances — St.   Paul  Sash,   Door  &   I.uinln  L666 

Private  Ordinances— St.  Paul  Showcase  Mfg    Co      L669 

Private  Ordinances-   St.  Paul  Warehouse  &  Elevator  Co.  1678 

Private  Ordinances— St.  Paul  White  Lead  &  Oil  Co L684 

Private  Ordinances      State  of  Mi !SOta 1611 

Private  Ordinances     Tabitha                  1692 

Private  Ordinances     Twin  City  Fence  &  Wire  Works., 

Private  Ordinances-  Union  Mfg    Co    L694 

Private  Ordinances      U,  S.  Electric  Lighting   Co            ....  L706 
Private  Ordinances    'Valley   [ron   Works 

Private  ( Ordinances     E    C.  Warm  •                                   . .  L749 

Private  Ordinances     Waterous    Engine  Works  Co  1753 

Private  Ordinances     Ella  Weinholzer * 

Private   Ordinances      Youghiogeny   &    I  1771 

l'i  i\  ate    Premise  -    ■  i  •, 

I                                 :n<\   and    w  hi  fleSi  im<  fl  hi 

Provi  City  Rai 

ions  of  buildi 

ting  with    

Prohibition     Sild-  v   jtreet  loop  (City  Rail  vay)  ... 


Sec.  No. 

Produce — farm — peddling  of ; 118 

1  'riviloges  in  park — violation  of   707 

Privileges  (of  holders  of  reporters'  badge)    879 

Privies,  sewers,  etc 493-4-6-9 

Privies,  outhouses,  etc 837 

Public  accounts — committee  on   795 

Publication  fee  (liquor  license)    567 

Public  asylum — to  be  fire-proof 1915 

Public  auction — sales  at   1025 

Public  baths    840 

Public  building — definition  of 1793 

Public  dances   847 

Public  grounds  (see,  also,  Charter) 996 

Public  Halls— aisles  of  1956 

Public  Halls — elevation  of  main  floor   1953 

Public  Halls — fire  escapes  and  stairs  -1955 

Public   Levees    606 

Public  Library   852 

Public  Places — wiring  in    310 

Public  Playgrounds — appropriation  for  in  charter  amend- 
ment      200 

Public  Scales — see,  also,  "Weights,"  "Measures,"  "Coal," 

"Hay."     889-96  inc. 

Public  Playgrounds — supervisor  of 827 

Public  Works — Board  of   1010-11 

Public  Works — Board  of  742 

Public  Works — Board  of  100 

Public  Works — Board  of  1049 

Public  Works — Charter  Amendment  for  additional  funds  198 
Public  Works — Commissioner  of,  see  "City  Engineer." 

Q. 

Quality   of  building   materials 1798-1808 

Quality  of  milk   offered 679 

Quality  of  plumbing  materials 2017 

Quarantine — permit  to  leave 480 

Quarries — city  engineer  and 214-218 

Quarrying    1009 

Quarrying— stone    859 

Quoits    726 

R. 

facing    1035 

Rags,  etc.,  in  tenement  houses  (see  Health  Dept  ) 376 

Rags — not  to  be  stored  in  tenement  houses 189 

Railings  around  floor  lights 1906 


1223 

Sec.  No. 

Rails — "T,"  on  University  avenue  (City  Railway) -"-'s' 

Rain  water  leaders   1888 

Randolph  and  Oneida  street  tracks — spurs 1606 

Randolph  street — original  car  line  ordinance 2228 

Randolph  street  line — compromise  (City  Railway)   2417 

Range  hearths   1S64 

Ranges    and   stoves L869A 

Rankin's  formula — to  compute  stresses L813 

Rapid  Transit  Telegraph  Company 2763-1772 

Rate  of  speed  on  bridges 83 

Rate  of  speed — City  Railway L054 

Rate  of  speed — vehicles    700 

Railroads   865-874  inc. 

Railroads — Chicago,    Burlington    &   Northern    poles    and 

wires    .-  ■*  ~  j 

Railroads — Chicago   Great  Western  Ry.   tracks   Chicago 

avenue     24?,S  -.'111  -2  I  14-2447 

Railroads — Chicago  Great  Western  Ry.  spur  track 2425 

Railroads — Chicago  Great  Western — poles,  wires,  streets, 

alleys 2435 

Railroads — Chicago,  Milwaukee  &  St.   Paul  Ry. — Chest- 
nut street  track 2450  2494 

Railroads — Chicago,    Milwaukee    &    St.     Paul — Mcrriam 

Park  side  tracks 2455 

Railroads — Chicago,    Milwaukee   &   St.    Paul,    levee    spur 

track    2487 

Railroads — Chicago  Great  Western — use  of  levee 2429 

Railroads — Minn.,   St.   Croix   &  Wisconsin   Ry.   Co. — use 

of    streets 

Railroads — Minnesota      Transfer      Company — Cleveland 

avenue  side  track 

Railroads — Minnesota     Transfer     Railway     Co. — Myrtle 

nue    spur '.'I  i'm -77 

Railroads — Minnesota    Transfer     Railway     Co      Wabash 

nue   Bpur 

Railroads— Minnesota  Valley  Railroad  Com  pan  j 

Railro  rthern  Pacific  Rail-.-.  1694 

Railroads     St.  Paul  Union  Depol  C<  3745 

Railroads  -St.  Paul  Union  Depol  Co.    levee 

Railroads     St.   Paul   Union   Depol  

Railroads     Railroad  ticket  brokei         

Railro.nl-     Use     of    Sixth    ward     levee     Minnesota    & 

Northwestern   R    R.  Co 18  inc 

Railroads— Wesi  Sid  olution  for  vacation...  J418 

Railroads     Wisconsin  Central   R    R.  Co.,  Third   itreet — 

single    track 2746   I'.i 


12"?  I 

Sec.  No. 

Railroads     Railway  spur   track — Cent    Warehousing   Co.  1231 

Railroads — Street,  see,  also,  City  Ry.  Ordinances 1054-1062  inc. 

Railway    Tracks — Construction      and      maintenance      in 

irtli  and  Fifth  wards — Fifth  Ward  Transfer  Co.2535  to  2584  inc. 

Railway  Tracks — Gt.   Northern  Ry.   Co. — Rosabel   street  2602 
Railway  Tracks — Maintenance    of     (Railroads)     Chicago 

Great   Western 2438 

Railway  Tracks — Maintenance   of   Chicago   Great  West- 
ern  Ry.    Co 3441-4-7 

Railway  Tracks — St.  Paul  Warehouse  &  Elevator  Co.  .  . .  1678 
Rearrangement    of    tracks— St.    Paul    Union    Depot    Co. 

(Railroads)    .      2741 

Receptacle  for  garbage  515 

Receptacles  for  night  soil 904-5 

Receptacles  for  transporting  garbage  (see,  also,  "Health 

Dept.")    377 

Record  of  Chief  of  Police 794 

Record  of  elevator  accidents 1940 

Record  of  elevator  inspection 1951 

Red  lights    253 

Redemption  of  animals  and  poultry  impounded 179-183 

Refilling  trenches   924 

Refrigerators  and  safe  waste  pipes 2024-25 

Refrigerator  and  safe  w-aste  pipes — Quality  of  fittings...  2017 

Register  for  hot  air  in  floor 1867 

Register  of  permit  (slaughter  houses,  etc.) 978 

Register — of  prison  keeper   808 

Regulation    and    placing    of   wires    (telephone,    etc.)    by 

electrical    inspector 331 

Regulations — for  bill  boards  78 

Regulations  concerning  death  from  contagious  disease.  .  469 

Regulations  of  water  board — to  control  fittings 2028 

Release — of  animals  impounded    178 

Removal  of  buildings    727 

Remedy — for  failure  to  remove  subway  or  conduit 200 

Remedy  for  neglect  to  remove  wires 289-290 

Remedy — for  non-support  of  destitute 258 

Removal  of  snow  between  car  tracks  (City  Railway)...  2384 

Removal  of  subways  or  conduits 300 

Removal — time  of  taking  down  poles  and  wires 293 

Removal  of  trees   1075-77 

Removal  of  warehouse— Diamond  Jo  Line 1296 

Removing   (garbage,  etc  )    903 

Rendering    510 

Rents — due  city   875 


1  •.'-.' :. 

Sec.  X 

Repaying     998-1005 

Reporters'  badges   876 

Report  of  contractors  collecting  garbage   semi-annually 

bound  (see,  also,  "Health  Dept.") 379 

Report  of  physician  to  health  department 467 

Resolution— Burlington,  Cedar  Rapids,  Northern  Ry.  Co. 

of  Iowa  (West  side  streets) 2419 

Resolution — Northern   Pacific   R.    R.    Co. — Use   of   lower 

town   streets 2709 

Resolution — West    St.    Paul    streets — Chicago,    St     Paul, 

Mpls.  &  Omaha  Ry.  Go 2529 

Resorts— evil  259 

Restaurant   590 

Restriction — on  sale  of  carbolic  acid 134 

Restriction — on  sale  of  firearms  and  fireworks 346 

Revocation  of  permit 1781 

Rhodes,  Wm.  &  Geo.  H.  Renny,  manufactory L556 

R 
R 
k 
R 
R 
R 


ce  &  Irvine's  Add. — Lots  1-2-3,  block  5 9 

ce  &  Irvine's  Add. — barn,  and  ice  house 1534 

Irvine's    Add. — frame  build'ng 1605,1610 

ce  &  Irvine's  Add. — frame  shed 1608 

ce  &  Irvine's  Add. — ice  house I  533 

ce  St.  and  University  Ave. — Issue  transfers  (City  Rail 

way)    

Rice  &  Irvine's  Add. — Lots — use  of L218 

Richardson,  J.  C,  frame  building i  :■:..-, 

Rights   for   Hazel   avenue  trestle   bridge     Stillwater    Line 

Minneapolis  &  St.  Paul  Suburban  Ry    Co 

Rink- — Roller  skating   614 

Rink-    -Roller  Skating 884-5 

Riot    686 

Rioting    260 

ice  in    53] 

Rivet   and   boll    holes 1934 

Riveting  structural' iron  and  1 1931 

tensile  strength  of 

Roadways     in   parks   ;u,, 

Roberl  -tree:  tunnel  i  190 

Robert  Btreel  tunnel  (Bowlby) 1 1 ■  •  i 

Robert  stn  alvanized  iron  kitchen L229 

■  -treet     double  track  (City  Railway) 

Roberl  and  Fourth  porch  

Roller  skating  rinks   1,1 

Rondo  Line    City  Railway    Compromise  

Rondo  lin<  >n  I  City  Railvt  .■■ 


1226 

Sec.  No. 

St.  Police  Station 811 

Rondo  line — on  Sibley  street  loop  (City  Railway) 2320 

Roof  of  areas   1854 

Roof  in  fire  limits — how  repaired 1848 

Roof  flashings    2017 

Roof  and  floor  beams  of  wood,  bevel  ends 1858 

Roof  sheets — galvanized  2017 

Roof  garden   1966 

Roofs — trussed — thickness  of  walls 1832 

Roof — weight  of  1820 

Rosabel  street  tracks,  Gt.  Northern  Ry.  Co 2602 

Roulette  tables — prohibition  of   .  .  .  r 354 

Rubbish 924 

Rules — for   bill    boards 78 

Rules  and  requirements  for  installation  of  wiring,  etc...  .  336 

Runaway  horse   1043 

S. 

Safe  and  refrigerator  waste  pipes 2024 

Safety — factors    of 1811 

Salary — Board  of  Abatement   1 

Sale — of   carbolic   acid    134 

Sale  of  firearms  and  fireworks — restricted 346 

Sale  of  fruits,  vegetables,  farm  produce,  in  R.  R.  Co.  cars 

or   depot 352 

Sale  of  hides  532 

Sale  of  licensed  vehicle'. 405 

Sale  of  liquor  to  minor — prohibited 586 

Sales  at  public  auction 1025 

Salesroom  in  basement — stairs  1902 

Salt — on  bridges    86-87 

Salt — Prohibited  on  sidewalks 944 

Salt — sand — gravel — removal    of — lime    1058-60-62 

Salt,  sand,  ice,  on  tracks  over  bridges   (City  Railway)..  2296 

Salted  sand — on   sidewalks    ■ 944 

Salvage  corps 886-8 

Salvage  corps  not  to  be  hindered 887 

Sample  patent  medicine   670 

Sand  for  building : 1799 

Sand  for  cement  mortar 1801 

Sand  for  concrete   1803 

Sand  for  lime  mortar 1800 

Sand,  salt,  gravel,  removal  of,  lime 1058-60-62 

Sand — screening  of  on  streets 6 

Sand,  salt,  ice.  on  tracks  over  bridges   (City  Railway) .  .  2296 

Sand — thrown  back  on  bridges 86-7 


.      1227 

Sec.   No, 

Scales — see  '"Coal"  and  "Hay" 2:21 

Scales,  Public  889-896  inc. 

Scandinavian  American  Bank  steam  boilers L599 

Scavenger   516-517 

Scavengers  (night  soil)   (see,  also,  "Health  Dept.") 897-911   inc. 

Scenery  painting  for  stage    L979 

Scheffer  &  White   frame   building i  605 

Schmidt  Brewing  Co.  spur  track 1 606 

School  building  floor  loads L020 

School  building — two  stairs  for  two  floors 190  i 

School  janitors — may  be  policemen    913 

Thos.  B.  Scott— conduit  1 609 

Screening  of  sand — on  streets 6 

Screw  caps  of  brass 20  1  7 

Scribner-Libbey  Co.  frame  shed   1608 

Scuttles I'm; 

ler  of  weights  and  measures L096A 

Sealing  of  weights  and  measures L096  \ 

Sergeant-at-arms  of  Common  Council — Salary,  etc 914 

Seats  in  theaters — distance  between 1987 

Second-class  buildings    1785 

Second-hand   dealers    ;  i  : 

Second    and    Jackson    streets — building L658 

nd  street  land — vacation  of i  36 1 

Seizure  ■  >f  gambling  tables  and   fixture.- 

Selby  avenue  line  cable   to  electric  (City   Railway) 2316 

Selby  avenue  tunnel  (City  Railway)— Compromise  2403 

Selby  avenue  cable  line  extension  to  Merriain  Park 

Selby  avenue — Cable  line  extension   2222 

Selby  cable — City  Railway    2219 

Selling  at   retail    -defined    (butchers)    HO 

Seven  Corners     stopping  of  Selby  cars  (City  Railwaj  I. 

Seventh  streel  lines   connected   (City   Railway) 

Seventh  street  tunnel   i:,i;; 

Seventh  street  cable  line  

change  from  cable  to  i  line  (City 

Railway)    

717 

tC 

City  Railway  and      in  truction 

Sewer-  and  ditches   

rfl   and   drain-    91S  to    I"   inc 

Sewer  h  iuse    

inspection    inn 

Sewer  pipes 


1228 

Sec.  No. 

Sewer — separate   and   independent    connections 2018 

Sewer  and  street  force,  payment  of 1049 

Sextons — duties  of   482 

Shade  trees   725 

Shade  trees  1074 

Shaft  and  door  protection  for  passenger  elevator 1948 

Shafts  and  hoistways  for  freight  elevators 1945 

Shear— table  of   1817 

Sheath  piled  excavation   1824 

Sheep — how  released  from  pound   178 

Sheep — pound  limits 145-176 

Sheep — not  to  be  penned   530 

Sheep — selling  and  conferring   ' 655 

Sheep — on  streets : 141-42 

Shields  Sorghum  Co.  frame  structure 1610 

Shield — Worn   by    Police 802 

Shoes  or  plates  of  columns 1921 

Shooting  arrows    1018 

Shooting  galleries   975-6 

Shooting  galleries — general  provision    1056 

Show— theaters,  etc 1065-4 

Show  windows 1880 

Shrubbery — not  to  be  removed 103 

Sibley  street  loop  authorized   (City  Railway) 2319 

Sibley  street  loop — lines  to  run  on   (City  Railway) 2320 

Sibley  street  loop — prohibition  on  Third  street 2362 

Side  track — Cleveland  avenue — Minn.  Transfer  Co 2664-68 

Side   track — Merriam    Park — Chicago,    Milwaukee    &    St. 

Paul   Railway 2455 

Sidewalks,  general  provisions 728-924-944  to  974 

Sidewalks — not  to  support  awnings  on 1885 

Sidewalks,  glass  upon   55 

Si rle walks' — penalty  for  obstructing 8 

Sidewalks  over  areas— load   on 1820 

Sidewalks — streets — alleys,  etc     See,  also,  City  Charter.  996 

Signals — Danger     251-6 

Signals  and   lamps 252 

Signs  on  bridges   70 

Signs  on  bicycle  paths    65 

of  danger — on  dangerous  buildings 1849 

Signs   "Keep  ofr   the   grass" 705 

Sign  boards  near  Como  Park 2 

Signs  not  to  project  over  sidewalk — beyond  lot  line....  1880 

Signs  on  own  premises 76 

Signs — in  parks   720 


1229 

Sec.  No. 

Signs — Pawnbrokers    

Signs — of  a  person's  business 76 

Signs,  posting  of 72 

Signs — on  posts  and  poles 71-4-5 

Signs — on  posts  and  poles  and  posted  by  commissioner  of 

health    71 

Signs — procuring  distribution  of   . . 72 

Signs  of  wood,  to  be  not  more  than  two  feet  wide 1883 

Single  track,  Third  street,  Wisconsin  Cent.  R.  R.  Co :.' 746-49 

Sinks — of  tenement  and  lodging  houses 202G 

Sixth  street,  tunnel  under 1366 

Sixth  ward — car  facilities,  extension  of 

Sixth    ward    levee 1383-1621-1652-1669-1684-1701-1719-1728-1753 

Sixth   ward   levee — buildings   on 1  138 

Sixth  ward  levee — manufacturing  plant 1427 

Sixth  ward  levee— Minn.  &  Northwestern  R.  R    Co 2624-2658  inc. 

Sixth  street — tracks  prohibited  on   2225 

Sixth  ward — use  of  levee 1219 

Skating  rinks  and  roller  rinks 884."  6]  I 

Skeleton  iron  and  steel  const,  to  be  incased L920 

Skeleton  steel  or  in  in  const.  f>  ir  linings 1836 

Skew   backs — channels,   etc £929 

Skew  backs — form — section  and  depth  of 1918 

Skimmed    milk 680 

Skylights  of  metal 

Skylights  for  photographers 1908 

Skylights  to  be  protected L905 

Slaughter    houses 

Slaughtering   animals 508 

Slaughtering  animals  for  Food 510 

L090 

r.'i 

Sliding  and  coursing 1019 

Smoke    dense    

Smoke   line-   of   metal L861 

Smoke  flues  in  masonry  walla 

Smoke  houses  to  b<  >1  construction 

I  ion     distant  <•  from  \\  i  >odwork 

1 850 

Smoki                 isolated  1862 

Sim  ike  -lark-  of, steel  or  wri                 n  1868 

Smoking    on  bridges  prohibited BO 

Smoking  prohibited  at  the  n  

Snelling    \.ve    lin<    City  Rwy    Compromise 

Snow  >in  City  Rwy   tracks  (provided  for  in  various  ordi- 
nance- uhieh   gee  under  !  tree!    nam* 


1230 

Sec.  No. 

Snow  on  sidewalks 1029 

;  i  b.  »iler. 500-1-2 

p  manufacturers 977 

pipes,  definition  of 2016 

hie  of  diameters 2022 

Soil  and  waste  pipes  of  brass 2017 

Soil,  waste  and  vent  pipes 2022 

Special  laws  of  Minnesota  mentioned 855 

Special  police  to  be  pound  masters 186 

Special  policemen — market  master 635 

Special  pound  masters 271 

Speed  of  automobiles 30 

Speed  of  bicycles 51 

Speed,  rate  of  for  vehicles 700 

Speed  of  cars 865 

Speed  of — city  railway  cars 1054 

Spires  in  fire  limits 1886 

Spirit    gas 778 

Spittmg  and   throwing  vegetable  matter  on  cars 986,995 

Splicing  of  columns 1921 

Splicing  of  girders 1925 

Sports — in  public  parks 714 

Spur  tracks— Abbott  Mfg.  Co 1098 

Spur  tracks — Chicago  Gt.  Western  Ry.  Co.,  6th  ward.  .  .  .  2425 
Spur  tracks — Chicago,  St.  P.,  Mpls.  &  Omaha  Rwy.  Co. 

Hyde   St 2519 

Spur  tracks — Chicago,  Milwaukee   &  St.  Paul  Rwy.   Co., 

levee    "    2487 

Spur  tracks — McCormick  Harvesting  Machine  Co 1471 

Spur  tracks — Minn.  Transfer  Rwy.  Co.  Myrtle  Ave 2671-77 

Spur   tracks — Xels  J.   Ness 154S 

Spur  tracks — Northern  Linseed  Oil  Co 1550 

Spur  tracks — Minn.  Transfer  Rwy.  Co..  Prior  Ave 2680 

Spur  tracks — Schmidt  Brewing  Co 1G06 

Spur  tracks — St.  Paul  Sash  Door  and  Lumber  Co 1666 

Spur  tracks — Minn.  Transfer  Rwy.  Co..  Wabash  Ave.  .  .  .  2669-2G74 

Spur  tracks — G.  C.  Warner 1749 

St.  Anthony  Ave. — removal  of  poles 2894 

St.  Anthony  Park  car  line  (City  Rwy  ) 2295 

St.  Croix  Lumber  Co.,  levee 1621 

St.    Lo-.n's,    St.    PauL  &   Mpls.    Packet    Co.,    forfeiture    of 

rights  (see.  also,  Diamond  Jo  Line) 1296 

St.    Louis   &   St.    Paul    Packet    Co.     (see,    also,    Keokuk 

Northern  Line  Packet  Co.) 1303-4 

St.  Peter  St.  tracks,  prohibited  on 2225 


1231 

Sec.  No. 

St.  Paul  bridge 90 

St.   Paul   fire   insurance   underwriters 886-8 

St.  Paul  City  Rwy.  Co  ,  see  (City  Railway). 

St.  Paul  District  Telegr.  Co.  franchise 

,St.  Paul  Electric  Mfg.  &  Const.  Co.  poles  and  wires L633 

St.  Paul  Gas  Light  Co.— general  ordinances 996-1001-2-3-4-3-6-8 

St.  Paul  Gas  Light  Co.  Gas  supply 1561-1598 

-St.  Paul  Gas  Light  Co.  poles  and   wires 1(141 

St.  Paul  Hoop  Mfg.  Co.  levee  rights L652 

St.  Paul  Lime  &  Cement  Co.  building 1658 

St.  Paul  &  Milwk.  Ry.  Co.  (St.  Paul  Union  Depot  Co  I..  2723 

St.  Paul  &  Mpls.  &  Mess.  &  Telph.  Co 

St.    Paul,    Mpls.    &    Manitoba    Rwy.    Co.    application    for 

pound  masters 186 

St    P..  Mpls.   &  Manitoba    Rwy.   Co.   Compromise    (Gt. 

Nor.  R.  R.  Co.) 

St.  Paul.  Mpls.  &  Manitoba  R.  R.  Co.,  Rosabel  St.  tracks  2602 

St.  P.  &  No.  Pac.  R.  R.  Co.  Track  construction 2585 

St.  Paul  Police  Dept. — reporter's  badges S77 

St.  Paul  Roofing  and  Cornice  Co. — transfer  of  rights....  1659 

St.  Paul  Sash,  Door  and  Lumber  Co. — spur  track 1666 

ml  Show  Case  Mfg.  Co..  levee     rights 1669 

St.  Paul  &  Sioux  City  R.  R.  Co. — .streets  and  levee     use 

of    2613 

St.   Paul  &  Sioux  City  Rwy.  Co.— Depot  tracks 

St    .Paul   Terminal   Transfer   Co.   tracks   on    streets   and 

alleys   

St,   Paul  Union  Depot  Co. — maintain  depol  tracks 

St.  Paul  Union  Depol  Co.-  -vacation  of  levee: 

•use  and  Kl<  \  atoi   Co   track 

St.  Paul  White  Lead  and  (  »il  Co.  levee 1684 

St.  Paul  Workhouse 

Stable-,  carrying  capacity  of  columns  and  floor  load 

Stables     liv<  ry   L891 

L890 

d  fi  io1  lights     appi  >mm    of  Pub 

lie  Works 2010 

:i  of  floor  ■ 

to  be  bnilt 

i   minor 

Stair-  and  area  

•of  build i  ioi6 

number  r<  gulated  by  lol  1900 

in   public  building  1054 


1232 


\  in  buildings  over  two  stories  high 

Stairways — open — prohibited  in  street  sidewalks 

Stairways  to  basement  of  mfg.  of  sales  bldg 

Stairways  in  lieu  of  fire  escapes 

Stairways  of  theaters 

Stamps — trading    

Stalls — see  butcher  shops 

Stalls — Lease  and  assignment  of 

Stand  pipes  to  roof  of  5-story  building 

Stand  pipes  for  theater  or  fire  protection 

Stamps — may  be  temporary 

State  law — violation  of  weights  and  measures 

State  of  Minnesota — tunnel 

Station — Central    Police -. 

Station  and  dynamo  rooms — rules  and  regulations 

Statute  and  common  law  nuisances 

Steamboats — boats  and  other  craft 

Steam  boilers — Scandinavian  Amer.  Bank 

Steam  boilers  of  theaters — where  and  how  placed 

Steam   and  gas   pipes — stop   cock  near  curve,  except  in 

dwellings    

Steam  and  hot  water  heating  pipes 

Steam  pipes,  Armour  &  Co 

Steam  pipe — Greenleaf  Clark 

Steam  pipes — C.  E.  Dickerman 

Steam  pipe — W.  &  H.  Endicott 

Steam  pipe— Tabitha  Society 

Steaming  and  boling 

Steamship  ticket  sellers  (see  also  R.  R.  Co.  Ticket  Agts.) 

Steel — Cast — what  to  contain 

Steel   foundations 

Steel  and  iron  construction — to  be  incased 

Steel — qual'ty    of 

Steel  work — framing  and  connecting 

Steps    

Steps,  not  permitted  in  street  sidewalks 

Stewart,  W.  D.  and  Jno.  F.  Pierce — building 

Stiffeners 

Stillwater   Line,   rights   for   Hazel   Ave.   trestle,   Mpls.    & 

St.  Paul  Suburban  Ry.  Co 

Stirrup  iron 

Stone  arches  or  door  and  window  openings 

Stone  ashlar 

Stone  laps ; 

Stone  chimneys,  linings 


Sec.  No. 

1903 

1856 

1902 

1910 

1995 

1068 

107 

643 

1914 

2002 

1874 

1096A 

1617 

809 

2037-2053 

537 

607 

1599 

2000 

1871 
1869 
1178 
1234 
1305 
1334 
1692 
980 
6.14 
1807 
1822 
1920 
1806 
1930 
720 
1S86 
1658 
1926 

2358 
1858 
1840 
1830 
1828 
1859 


1233 

Sec.  No. 

Stone — coursed  and  dressed  for  walls 1828 

Stone  crusher 859-862 

Stones — kind  used  for  building 1798 

Stone — piled  on  streets 6 

Stone  quarrying 859 

Stop  cock  in  stream  for  gas  pipes  near  curve L871 

Stopping   of   cars   Union   Depot     Route,     Sibley     Street, 

City  Railway 239 1 

Stopping  of  Selby  cars — Seven  Corners 2390 

Stops  to  elevator  cables — to  be  automatic L942 

Storage  buildings — size  of  footings  under  foundations...  1832 

Storage  of  hides 532 

Storage  for  rags  or  combustible  articles 189 

Store  buildings — floor  loads 1820 

Store  building — used  for — not  private  dwelling 1786 

Store — may  be  in  first  story  of  apartment  house 47S7 

Store,  number  of  stairs  in 1900 

Stories— height  of. 1833 

Storms — buildings  damaged  by — to  be  removed 8 

Story — walls  full  thickness  to  top  of  beams  above  each.  .  L828 

Stoves  and  ranges — certificate — protection L869 

Street  Car  Co.  (see  City  Rwy.) 

Street   car — spitting  in 99  I 

Street  cars — see,  also,  Misdemeanors 1047 

Street    force 1050 

Street  inspectors 1049-937-798  L02fl 

Street  lawns — care  of I'M 

Streets— opening  of 296 

Street  Rwy.   (See  City  Rwy.) 

Street  Railways  (see,  also,  City  Rwy.  Ordinances) L0S4-62  inc 

Street  and  sewer  force— payment  of L049 

ee  also  Boulevards) 101 

Streets,  alleys,  etc.   (See  also  City  Charter) 996 

Streets  and  alleys,  etc.      Gas  supply L661    L698 

Street-,  aflleys,  etc  .  poleg  an. I  wires KM  l-17()i. 

St  !•<■'■  t  -,  alleys,  i  tC.   poll  -  and    u  ire- L894 

1 588 

ts  and  alleys     n-c  of    Omaha  Rwy :.'•">!  i 

Streets  and  alley-    use  of    St,  Paul  Terminal  &  Trans- 
fer Co 

Streets  and  alleys— use  of — fo                           C    G    W,  K'y.  243S 

ts,  bicycles,  upon  what I 

a — Cattle,  swine  and  sheep  upon 141-2 

Street  -      Commit  tie    on 

Streets — Drunk  on 


1234 

Sec.  No. 

Streets — Excavations   in 4 

Streets  —Franchises  for  use  of,  time  of 308 

Streets  -Glass    upon 55 

Streets — Gongs  not  to  be  .rung  on  for  advertising 24 

Streets — In   pound   limits 145  to  176 

Streets— X.  W.  Telph.  Exchange  Rights 309 

Streets — Obstructing,  penalty  for 8 

Streets — Permission  to  string  wires  City  Rwy 2347 

Streets — Poles  and  wires 152S,  289 

Streets — Poles  and  Wires — Brooks  Bros L192 

Streets — Rights  of  Edison  Elect.  Light  and  Power  Co..  309 
Street   sewers,     etc.,   charter    amendment    for    increased 

funds    198 

Streets — Cattle  to  keep  on  right  side  of 96 

Streets — use  of — for  elect,  poles  and  wires 1320 

Streets— use  of  Am.  Dist.  St.  Co ' 1108-1126  inc. 

Streets — use    of — lumber   yard 14:>6 

Streets— use  of— Minn.,  St.  Croix  &  Wise.  R.  R.  Co 2659 

Streets— use  of— Northern  Pac.  R.  R 2694 

Streets — General  use  of  for  poles  and  wires 1342,  1366 

Streets — use   of   for  telgr.    poles 1312 

Strainers  or  bars  over  fixture  outlets 2023 

Stress  of  steel  and  iron  floor  beams 1929 

Stress  of  steel  and  iron  trusses 1933 

stress — unit   of 1811 

Stresses  oi  columns  computed  by  Rankin's  formula 1812 

Stresses  increased  50  per  cent  for  wind  bracing 1819 

Stresses — working    table    of 1814,18 

Stretchers  and  headers   in   brick   walls 1834 

Structural  steel  and  iron  bolting 1932 

Structural  iron  frame  and  connecting 1930 

Structural  iron  and  •steel  work — riveting 1931 

Structural  metal  work — painting 1937 

Structures — application  for  permit 1780 

Structure — how  built 1  778 

Structures — temporary    •  1874 

Stryker  Ave.  car  facilities,  City  Rwy 2371 

Stryker  Ave.  line.  City  Railway 2299 

Subways     287-309 

Subways  and  conduits — manner  of  constructing 294 

Subway? — National   Subway  Co l  536 

Subways — removal   of 300 

Sunday — barber  shops  to  be  closed 38 

Sunday — selling  on  prohibited 650 

Supt.  of  fire  alarm,  rights  over  wires 289 


1835 

Sec.   No. 

Supt.  of  fire  insurance  patrol 886 

Supt    of  Park  Board 713-17-27-29 

Supt.  of  Police  Patrol  Telgr 819-820 

Supt.   .sewers. 93  l 

Supervisor  of  Public  Playgrounds B21 

Support  of  destitute,  remedy 

Supports — strength    of    tempi  >rary I  B23 

Swindling,   faking  and  grafting :;:.'  I 

Swine — how  released  from  pound 178 

Swine,  not  to  be  penned 530 

Swine    on    streets 141-42 

Swine — pound    limits 143   to   170 

Syphonage  of  traips  prevented  by  vent  pipes 2022  \ 

T. 

Tabitha   Society— steam   pipe   rights L692 

Table  of  diameters  of  wa                - 2022 

Table  of  distance  from  rivet  hole  to  material-  edge r.t:;i 

Table  of  quality  of  lead  pipe 201 '. 

Table  <  if  size  and  length  of  gas  piping 2030 

i  if  thickness  of  walls 183] 

Table  of  weights  i  if  cast  in  in  plumbing  pipes 201 1 

Table  of  working  stresses  of  materials ftl4  1818 

Tables — pigeon  holes  in ;m 

-   -on   bicycle   paths 55 

Tag — application  and   fee— for  bicycles 62 

I                          i    to  keep' record  of  bicycle  tags 63 

I                                        61 

!  . 

Tallow   chandlers ■ 

Tanner-    : 

Tanm  rs  i  if  hide    

I             musl  be  fastened  i ir  held !<>»:.• 

— to  pass  t' i  the  righl .  1045 

alarm 

aph  franchise  I         i  aph  " 

aph   instruments 

1         i  aph    patrolmen 

;  i  ;  i 
i         ■  tph  Poll  in>   Steam   Hi 

raph     pol  I 

i 

me  and  h   franchise  -     \m    Ti  1    and  Tel 


1236 

Sec.  No. 
Telephone    and    telegraph     franchises — Am.    Union   Tel. 

Co 2788 

Telephone  and  telegraph  franchises — Bait.  &  Ohio  Telg. 

Co 2793 

Telephone  and  telegraph  franchises — Chic.  &  N.  W.  Rwy.  2798 

Telephone  and  telegraph,  Soo  Line 2826 

Telephone  and  telegraph  franchises — Minn.   Cent.  Teleg. 

Co 2803 

Telephone   and   telegraph   franchises — Miss.   Valley   Tel. 

Co 2883-2889-2828 

Telephone  and  Telegraph  Franchises — Mut.   Union  Tel. 

Co 2817 

Telephone   and   Telegraph   Franchises — North   Am.   Tel. 

Co 2821 

Telephone  and  telegraph  franchises— N.  W.  Tel.  Ex.  Co.  2848 
Telephone  and  telegraph  franchises — Rapid  Transit  Telg. 

Co 2763 

Telephone   and  telegraph   franchises — St.    P.   Dist.   Telg. 

Co 2759 

Telephone   and   telegraph   franchises — St.    P.    and    Mpls. 

Mess,  and  Tel.  Company 2756 

Telephonic   instruments 783 

Telephorle  poles — advertising  on 71-74 

Telephone    wires 287-309 

Tenant — take  out  permit  for  excavations 4 

Tenement  and  lodging  house  sinks 2026 

Tenement  houses — fire  escapes  on 1910 

Tenement  house — fireproof  if  over  five  -stories  high 1852 

Tenement    house — floor    loads 1820 

Tenement    houses— garbage,    night    soil,    etc.,    see    also 

health  department. 376 

Tenement  houses — general  provisions 515 

Tenement  houses— over  two  stories  high — two  stairs..  ..  1853-1903 

Tenements — animals  not  to  be  kept  in 189 

Tenement  houses — thickness  of  walls 1832 

Tension — members  resisting  stress  of  riveting 1934 

Tension — direct — table  of 1816 

Terra   Cotta  arches 1840 

Territorial  road — railway  spur  track 1231 

Testing    meters 604 

Tests   of  arches 1918 

Tests  of  cement  records 1801 

Tests  of  new  structural  materials 1812 

Theater  and  Auditorium  aisles 1989 

Theaters — building  prohibited  for  certain  uses 1968 


mi 

Sec.  No. 

Theater  ceilings — to  be  fireproof 1982 

Theater  corridors — how  to  be  constructed 1962 

Theater    courts — construction — width 1961 

Theater  dressing  rooms — exits — etc 1986 

Theater   dressing  rooms — in   fly  galleries 1985 

Theater   dressing  rooms   partitions 1984 

Theater  curtains — fire  proof 1973 

Theater  exits — number  and  size 1 99 1 

Theater   fire   escapes 1964 

Theater  fire  hose 2003 

Theater  fly  galleries L977 

Theater  foot  lights  and  stage  lights 2010 

Theater    foyer    capacity 

Theater  gallery   fronts 1981 

Theater  gallery  seat  platforms 1988 

Theater  gas  mains 2007 

Theater  heating  pipes — location   of  radiators,   etc 2001 

Theater  interior  walls 1969 

Theater    license 1958 

Theater — light  and  fire  apparatus 2011 

Theater  lighting — separate  cut  off  in  lobbies 2006 

Theater  main  entrance — height I  960 

Theater 'main  floor  and  first  gallery — exits  combined...  1993 

Theaters — gas  lighting  methods — how   approved 2008 

Theaters — not  to  be  opened  until  approved  of L958 

Theaters  on  corner  lots — use  of  other  parts  of  bldg L96S 

Theaters,  opera  houses,  etc.,  how  to  be  built 1956 

Theater    partitions    and    flooring L983 

',  (,,  stairways — width L994 

Theater    portable  fire  extinguishers,  axes  and  hooks....  2004 

Theaters — passageways  and  aisles — free  of  obstructions  L959 

Theater    proscenium   wall   doors 1974 

Theaters     proscenium  wall  girder  and  arch L921 

Theater  rigging  loft \\<: : 

Tli cater  roofs  and  galleries L980 

Theater  -team  boilers    'how  and  where  placed  

Theater  seati     distance   between r.is: 

Theaters  fcc 1064  :.  8 

Theati                                                                  on 200 1 

Theaft  

Theati                        ry  painting [979 

Theatei  kylight 

Theater    Stage  hands     stairways  for re.,, 

Theater-    stair  hand  rails 1 

Theater    stair    landings [ggg 


L238 


Sec.   No. 

Theater  stairs  enclosed  in  fireproof — exceptions L970 

Theater  stair  doors — landings,  etc 1970 

Theater   stairways — open 1997 

Theater  stairways — size  and  construction 1995 

Theater  stand  pipes 2002 

Theater  to  be   fireproof 1915 

Theaters — thickness   of  walls 1832 

Theaters — to  have  front  on  street 1960 

Theaters — wiring   in 310 

Thieves — consorting    with 693 

Timber — in  stone  or  brick  walls — prohibited — exceptions  1839 

Time  of  street  franchises 308 

Thimble  of  sheet  metal — how  made  and  used 1861 

Third  class  buildings 1785 

Third   street — car  tracks  on 2319 

Third  street — elevated  platform  on 1412 

Third  street — platform  permit 1374 

Third  street — Wisconsin  Central  track  on 2746-2749 

Third  street  tunnel 1406 

Thirteenth  street — city  railway — double  track 2209 

Thistles,   Canada,  not  permitted 131 

Thorns — on   bicycle  paths 55 

Throwing   stones 1018 

Ticket    brokers — 'railroad 592 

Tie    rods 1840 

Tile    sidewalks 941 

Timber — not  to  rest  on  chimneys 1859 

Timbers   on  pile   foundations 1826 

Timbers — quality   of 1  "04 

Time — extension  of  for  city  railway  Ord.  "1227" 2291 

Time — how  computed 1782 

Time — to  remove  poles  and  wires 293 

Title   of   ordinances 1777 

Ton — means  "2000  lbs." 1809 

Ton — official  weight  of 219 

Towers  in  fire  limits 1886 

Track — Chestnut  street  construction  of  St.  Paul  road...  2450-2494 

Track — maintenance  of — Union  Depot  Company 2723 

Tracks — on  bridge — ice,  salt  and  city  railway 2296 

Tracks — prohibited  on   Sixth  street  or  St.  Peter  Street..  2225 

Tracks  on   Sibley  street — street  cars 2319 

Tracks  on  Third  street,  street  cars 2319 

Tracks  on  Wacouta  street — street   cars 2319 

Trading    stamps 106S 

"T"  rails — On  University  avenue — street  cars 2284 


1239 

Sec.   No. 

Transfer  of  licenses 570 

Transfer  of  hackmen's  and  draymen's  licenses 402 

Transfers — on    car    lines    (sec    under    names    of    various 
line 

i  raps  and  .  >verflow  of  closets 2026 

Trap  cleanouts 2023 

Trap  doors — automatic — for  elevators L9  I  l 

Traps  of  earthenware 2023 

— for  bathtubs  and  grease 2023 

Traps — how  set  and  how  supported 2023 

Traps  of  lead 20]  7 

Trap-  of  leader- 2019 

Trap  i  tverflow  pipes — -how  connected 2023 

Traps  protected  from  syphonage  by  vent  pipes 202  i  \ 

Traps — size   of 2023 

Treasury — city    L046 

Treasurer — Board  of  park  commissioners 7 1() 

Treasurer's  receipt — permit  to  sell  gunpowder 393 

Trees 1 074-1080 

climbing   of 698 

Trenches — permits    for 718 

Trenches — refilling   92  I 

Trespassing  *■'.*■: 

Trimmer  and  header  beams  of  wood — how  to  be  hung..  -  1858 

Trimmer  arches  of  hearths     fireplaces  and  grates L864 

Trimmer  arches  over  door  and   window  openings 1840 

Trimmings  of  wood  in  fireproof  buildings 1911 

Tri-State  Telephone  and    I  iph   Company.  Sec  also 

Mississippi    Valley    Telephone    Company    and    Twin 
T(  li  ph<  me  Company. 

Trusses     resting  on  bearing  walls L828 

Trusses  of  steel  and  iron  connected  l>y  pins L934 

Truss<            teel  and  iron     Stress  of 1933 

Trying  of  weights  and  measures i \A 

Tuberculin  541 

Tuberculosis    1081  L086 

Tubin  tables  of  size  and  length 

Tubing  of  copper— kind  and  gauge 2011 

Tunnel-  -Bowlby  &  Co L191 

Tunnel     Cabol  and  Cushing                                           1210 

Tunnel     construction  of    Third  St.,  G    -V  Rj 

Tunnel     Ella  Weinholzer 1762 

Tunnel     Thomas  Fitzpatrick  and  I    C    Prendei 

Tunml     Greal   Northern   Railway  Company   L406 

Tunnel     \\      B     I  fastings     1415 


1240 

Sec.  No. 

Tunnel— Manhattan    Co 1499 

Tunnel— Frank  A.  Maron 1513-1527 

Tunnel— State   of    Minnesota 1617 

"Twelve  Twenty  Seven" — city  railway  ordinance 2298-2295-2294 

Twin  City  Fence  and  Wire  Works — factory  addition.-...  1693 

Twin  City  Rapid  Transit  Company — See  "City  Railway." 

Twin  City  Telephone  Company — discharge  of  bond 2890 

Twin  City  Telephone  Company — See  also  Tri-State  Tele- 
phone and  Telegraph  Company  and  Mississippi  Val- 
ley Telephone  Company. 


U. 

Underground   conduits 287-309 

Underground  conduits — general  provision 787-791 

Underground  conduits — wires  and  poles,  city  railway....  2293 

Underground  wires 291-293 

Undertaker — duties — must    register 481-487 

Underweight   articles — seizure   of 638 

Underwriters,  board  of  fire  insurance 886-8 

Union  Depot — loop  line,  change  of  car  route 2392 

Union  depot  loop  car  line — change  of  car  stoppages 2391 

Union  Manufacturing  Company,  poles  and  wires 1694 

United  States  Electric  Lighting  Co.  poles  and  wires 1706 

United   States  Fidelity  and   Guaranty  Co.,  T.   C.  T.    Co. 

Bond    2890 

Unit  of  stresses ". 1811 

University  Avenue,  T  rails  on  by  City  Ry.  Co 2284* 

Unripe  Cranberries 665 

Unruly  animals 654 

Unsafe  and  dangerous  electrical  machinery 2035 

Unsound  animal  matter v 509 

Unwholesome  meat — not  to  be  brought  into  city 522-526 

Urinal   apartments — ventilation   of 2026 

Urinals — materials  for  construction  of 2026 

Use  of  levee— C.  G.  W.  Rwy.  Co 2429 

Use  of  levee  and  streets,  Minn.  Valley  Ry.  Co 2683 

Use  of  lower  town  streets,  Northern  Pacific  Ry 2709 

Use  of  6th  ward  levee — Minn,  and  Northwestern  Ry ...  .2624-2658  inc. 

Use  of  streets— Minn.,  St.  Croix  &  Wis.  Ry.  Co 2659 

Use  of  streets  and  alleys,  C.  St.  P.  M.  &  O.  Ry.  Co 2511 

Use  of  streets  and  levee— Ch.,  M.  &  St.  P.  Ry.  Co 2613 

Use  of  streets  and  levee — Northern  Pacific  Ry.  Co 2694 

Use  of  streets  and  levee— St.  Paul  &  Sioux  City  Ry.  Co.  2613 


1241 


Sec.  No. 

Vacations     804 

Vacation  of  levee — Union  Depot  Co 2732 

Vacation  of  West  Side  streets — for  railways 2419 

Vaccination    488 

Vagrancy    619 

Vagrants    1086-1088 

Valley  Iron  Works,  levee  lease     1709 

Valves  for  back  pressure  on  house  drains 2021 

Vandalia  Street — spur  track 1471 

Van    Driver — police 810 

Van — workhouse — See  "Police." 

Variable  loads  for  building 1820 

Vaults  and  cesspools 493 

Vaults — manurage     513 

Vegetables — fruits,  farm  produce  in  R.  R.  cars  or  depot — 

sale  of — license   for 352 

Vegetables — in  cars  or  in  depot — sale  of 121 

Vegetables — inspection   of 521 

Vegetable   matter 514 

Vegetable   matter— throwing   of 986-987-9«>o  99  i 

Vegetables — un whole-some 647 

Vehicles — on   bridges 83 

Vehicles   (sleigh  bells) L090 

Veneered  buildings   (what  are) 1795 

Vent  flues — shall  not  inclose  sheet  metal  smoke  stacks..  1895 

Ventilation  of  buildings 2012 

Ventilation   of  theater  dressing  rooms L986 

Vent    Pipes — branch   connections   and   size 2022A 

Vent   Pipe — definition   of 2018 

Vent    Pipes — fitting   of 2017 

Vent  Pipe — materials 

Vent   Pipe     size  and  where  constructed 2018 

Vicious  dogs 

Violating  state  law    -weights  and  measures L096A 

Volts — number  of  in  extra  high  potent  n      

number  of  in  high  pot(                    n 1073 

Volts     number  of  in  low  potential  

Vulcan   Boiler  Works — levee  franchise 

W. 

Wabash  Avenue  — spur  track— Minn.  Transfer  Ry.  Co... 

Wabasha  street     steam  pipe  tunnel  under 

Wacouta  street — city  railway  track    on 

Wacouta  street— tunnel  under in:. 


1-M-J 


Sec.  No. 

IIS     407 

us.  etc. — repairing— not  to   stand  in   way 1017 

ns — for    advertising   purposes 24 

Wagons — lunch    622 

Walls — area   4 

Walls — bearing  and  basement  of  brick 1832 

Walls — bearing — what  is  taken  to   mean 1848 

Walls — binding  of — headers   and   stretchers 1834 

Walls — of  churches  and  public  buildings — thickness  of..  1832 

Walls — thickness  in  second  class  and  tenement  bldgs....  1832 

Walls — existing — joists    anchored 1837 

Walls — faced  with  stone — thickness  if  bonded 1829 

Walls— for     warehouses 1832 

Walls — height  of — how  measured 1783 

Walls — hollow  brick  or  tile  inside — not  part  of  thickness.  1842 

Walls — hollow — to  be  properly  tried 1841 

Walls — how    built 1778 

Walls — party — existing    1835 

Walls — protected  from  ground  dampness 1838 

Walls  and  piers — how  bonded — materials 1828 

Walls — independent  of  party  to  enclose  on  all  sides 1827 

Walls — increase  of  thickness  for  increase  in  height 1833 

Walls — existing  lining — for   increasing  height 1836 

W'alls — nonbearing — thickness    1832 

Walls — of  each  story  full  thickness  to  to,p  of  beams  above  1828 

Walls — of  stone  or  brick — timber  prohibited  except 1839 

Walls  of  private  residences — table  of  thicknesses 1831 

Walls  of  area — materials  for 1854 

Walls  of  buildings — materials  for 1827 

Walls — of  brick — not  less  than  foot  thick 1832 

Walls — ^specified  thickness  to  apply  to  what  kinds 1832 

Walls — same  material  in  piers  and. buttresses 1828 

» ►  alls — strength  of  temporary  supports  for 1823 

Walls— thickness  where  trussed  roofs  are  used 1832 

u  alls — to  be  increased  in  thickness — when 1832 

Walls — to  be  anchored  to  joists 1837 

Walks — cement    ' 941 

Wards    312 

Warehouses — floor   loads 1820 

Warehouses — number  of  <fire  escapes 1910 

Warehouses— pressure    under    foundations 1826A 

Warehouses — removal  of  Diamond  Jo  line 1296 

Warehouses— table  of  thickness  of  walls  for 1832 

Warehouses— walls  to  be  increased  in  thickness  when..  1832 

Warehouses— what  kind  of  buildings  shall  be  used  for.  . .  1791 


1243 

Sec.  No. 

Warner,   E.  C. — spur  track  rights  for 1?4(.) 

Water  barrels  on  bridges !»4 

Water  board — to  regulate  water   fittings 2028 

Water  commissioners — board  of 996-1001-2-3-4-5-6-8 

Water  closet  apartments — partitions  and  ventilation....  2026 

Water  closets — not  to  be  connected  with  cesspools 2018 

Water  closets — settings  and  seat   supports 2026 

Water  supply — for  fixtures 2027 

Water  closets — traps  and  overflow  pipes — how  connected  2026 

Water   closet  and  urinal  material- 2026 

Waterous   Engine   Works   Company — Levee   rights IT").". 

Waste  and  soil  pipes  of  brass — how  manufactured 2011 

Waste   Pipe — definitions  of 2016 

Waste   Pipe — branches — fall   of 2022 

Waste  Pipes — for  refrigerators  and  safes 2024 

Pipe    material.- 2022 

Waste  Pipe — no  caps,  coils  or  bend-  on  top.'! 2022 

Waste    Pipes     sel    to   refrigerators— cleanouts   for 2025 

Waste  Pipes — equality  of  fittings 20 1  '■ 

Waste    1'ipes — table  of  diameters 2022 

Waste  pipes  for  " Y"  or  "T"  branches 2022 

Weapons — concealed   225 

n-  -who  may  carry  (See  concealed  weapons)...,  225 

Weed-     See  "Thistles  and   Burdocks" 13] 

Weighing     fees   for 22  I 

it     certificate   of 218 

Weighers     Council  to  appoint 221 

Weights     dropping  of  on  sidewalks 946 

Weighl       '   loaf  of  bread 79 

Weighing  instruments 

hts   and    measures 646 

Weights  and  measures    see  also  markets,  coal  and  hay.  L096A 

hers  and   scales  of  coal 

Weighers — w  h<>  can  be 

Weinholzer,   Ella     Tunnel   rights l762 

Wells    

Wellli                               vator  in     in  case  of  fire 1950 

and  East  Seventh  <stree|  car  lines  connected 

Fifth  street  conduits L609 

St.  Paul  line     cars  on  Siblej    street  loop 

St,  Paul     Frame  buildings  in  Robertson's   Addition  mm 
Side  -i  i,                 >1    P.  M.  &  O    Rwy    Co     i 

on    

■  ii  in  for  railroads     resi  ilution ....  2419 

W(       St.   Paul     Omaha   Road  -pur  tracks 


12U 

Sec.  No. 
Western  Union  Telegraph  Co. — Acceptance  of  Ordinance 

"1675"    1770 

Whistle — blowing  of  prohibited 865 

Whitney  and  Smith's  Addition — frame  sheds  in 1554 

Who   may   collect   garbage 383 

Wild    Game 663 

Width   of  buildings 1784 

Windows— area  of,  etc 1030-1032 

Windows — bay  not  to  project  over  sidewalk  over  lot  line  1880-83 

Window  frames  of  wood  in  fireproof  building ■  1917 

Window  openings — to  have  arches  or  lintels 1840 

Windows — show — not  to    project  over   sidewalk   beyond 

lot    line 1880-3 

Wind  pressure— calculations  for 1819 

Wine   rooms — prohibition    of 589 

Wires — See  also  "Poles." 

Wire — barb — fences — see  also  building  code 328 

Wires    (See    also    building    code    and    city    charter    pro- 
visions). 

Wires — distribution    of 297 

Wires — See  "electric,"  "telegraph — electric  light  and  tele- 
phone." 

Wires— electric  light  company  lines 605 

Wires— electric    287-309 

Wire  fences 69 

Wire  netting — over  cupolas 1863 

Wire  netting  in  top  of  smoke  stack — when 1862 

Wire  netting  on  skylight  over  stage 1975 

Wires — underground    system — limits 289 

Wires  and  poles   (See  also   under    name    of    companies 
owning  them). 

Wires  and  poles 783-793 

Wires — poles  and  conduits — underground — city  railway.  .  2293 

Wires  and  poles — in  alleyways 294 

Wires  and  poles — time  to  remove 293 

Wires — removal  of  overhead — St.  Anthony  avenue 2894 

Wires — stringing  of  on  certain  streets 786 

Wires — telegraph — telephone — electric  light 287-309 

Wires — underground   291-292 

Wiring — see  also  under  building  code. 

Wiring — in  churches,  theaters,  public  halls,  etc 310 

Wisconsin     Central     Railway     Company — Third     street 

single  track  rights 2746 

Wood  paving  on  streets 1004 

Woodyards 1095-620 


1245 

Sec.  No. 

Wooden    sidewalks 972-974-963-966-968-970-949-951-953-956-959-961 

Wooden  sidewalks — prohibited  where 1013 

Woodwork   in    fireproof  buildings 1917 

Woodwork — length  of  gas  brackets  from 1072 

Woodwork — protected  from  steam  and  hot  water  pipes.  .  1069 

Woodwork — not  within  two  feet  of  cupola 

Woodwork — distance  from  bake  ovens 1879 

Works— See  "Board  of  Public  Works." 

Works — board  of  public 100 

Work — certain  kinds  not  to  be  done  without  permit 1779 

Workhouse  directors — board  of 813-4 

Workhouse    fund 814 

Workhouse— St.  Paul ^ 642-810 

Workhouse   van 813 

Workmen — not  to  proceed  when  permit  revoked 1781 

Workshops — prohibited  in  theater  buildings 1968 

Wrought  Iron — quality  of 1805 

Wycliff  Street — spur  track  on 1550 

Y. 

Yards — lumber  or  wood 620 

Yards — wood   only 1095 

Youghiogheny   and   Lehigh    Coal   and    Iron    Co. — board 

fence    1771 


Ml      !_<_>=>    «NV3tLtS 


THE  UNIVERSITY  LIBRARY 
This  book  is  DUE  on  the  last  date  stamped  below 


Form  L-:> 

20m  -12,  '39(3386) 


)06      etc   - 

Corn^iled^ 
finances. 


JS 
1411 
A9A3 
1906 


L  007  035  598  7 


